Points Of Doctrine Research Articles

Disciplinary responsibility of prosecutors of Ukraine: grounds, procedure and features of disciplinary proceedings

The paper is devoted to issues related to bringing prosecutors to disciplinary responsibility in Ukraine. Disciplinary responsibility is a type of legal responsibility that, compared to others, is the most common and often applied to prosecutors. It is worth noting that the existence and consolidation of the disciplinary responsibility of prosecutors at the legislative level does not contradict European standards and is justified, since this type of responsibility acts not only as a guarantor of the prosecutors' performance of their duties, ensuring the rights of citizens, society and the state, but also contributes to the prevention of offenses with by the prosecutors themselves. From a doctrinal point of view, the disciplinary responsibility of prosecutors is considered as a special, independent type of legal responsibility, which is applied in a specific sphere of human life and is related to the professional activity of special subjects - prosecutors. Disciplinary responsibility of prosecutors as a type of legal responsibility consists in the infliction by the violator of prosecutorial discipline of adverse moral, material and organizational deprivations for him and is one of the means of ensuring compliance of the activity and behavior of prosecutors with professional standards. It cannot be claimed that today the practice of bringing prosecutors to disciplinary responsibility is clearly developed and unambiguous. Both the theory and the practice of holding prosecutors to account require serious consideration and the introduction of new approaches in order to increase their effectiveness. In general, the disciplinary responsibility of prosecutors is aimed at forming a responsible professional approach and stopping offenses in the legal sphere, in particular the corruption component.

Становление и развитие административной преюдиции в советский период

Issues of criminal liability for acts, the single (initial) commission of which entails administrative liability, have in recent years moved from the category of purely doctrinal to law enforcement. At the same time, their severity does not decrease, since in many respects the possibility of his correction and taking the path of respect for rights and freedoms depends on the choice of the most appropriate (expedient, fair, etc.) measure of responsibility for the offender. Taking into account the initial refusal of the Russian legislator to use administrative prejudice when constructing rules on criminal liability and the subsequent “rehabilitation” of this approach, it makes sense to turn to the history of the formation and development of this approach in the Soviet period. The article critically evaluates the doctrinal point of view about the “broad” experience of using administrative prejudice in the construction of the norms of the Special Part of the Criminal Code of the RSFSR of 1960; The characteristic features of norms with administrative prejudice are noted, as well as the specificity of the social relations they protect.

Some Aspects of Understanding the Contract

The contract as a complex, multifaceted category is used not only in jurisprudence, but also in other doctrines, teachings, and in the direct practical activities of various subjects. At the same time, if viewed from a legal point of view, the contract (as a certain agreement that meets specific criteria) permeates almost all spheres of public relations under the influence of law. The contract occupies a significant place in the regulation of relations under the influence of private law norms. The concept of a contract is repeatedly disclosed by the legislator in various normative legal acts. However, even within the framework of one branch of law (for example, civil law), the mention of a contract may be disclosed in various senses. Doctrinal points of view also reveal a wide range of multiple approaches to understanding the treaty. This circumstance indicates the absence of a single clear understanding of the contract neither in the law nor in the doctrine, which causes some problems in the framework of law enforcement activities. The goals and objectives of the study are to identify legislatively defined and doctrinal positions regarding the concept of a contract (legal and individual). The study was conducted using a comparative legal method, which made it possible to study the position of the legislator regarding the concept of contract in such branches of law as civil, labor, family, etc. In addition, formal logical and systematic methods were used in the work. The result of the study is a brief comparative legal analysis of the provisions of legislation containing norms on the regulation of legal relations between the parties through a contract. The legislator has not clearly expressed his position on the legal nature of individual contracts (in particular, employment and marriage contracts), which gives rise to their ambiguous interpretation, causing difficulties in law enforcement.

Финансово-правовое регулирование процедуры первичного публичного и вторичного размещения ценных бумаг в Российской Федерации

The article analyzes the initial public offering (IPO) of shares in comparison with pre-IPO and SPO. Various doctrinal points of view on the IPO procedure are revealed. The author reveals the features of the financial and legal regulation of IPO, which is carried out by the mega-regulator in the financial market – the Bank of Russia. It is also noted in the work that the further development of the Institute of digital Financial assets (CFA) will significantly use its capabilities for public placement of assets in the Russian Federation.

Anglican Political Theology

This essay develops a constructive account of the ways Anglicans have addressed political questions. The first section outlines the characteristic political rationality of Anglican political theology (APT). This provides a backdrop to a consideration of the relationship between three distinct yet interrelated phenomena—church, nation, and state—and how they were understood as together constituting a polity. The second half situates APT in the context of how Anglicanism, from its origins, is in part a response to processes of modernization, particularly as these emerged in the Atlantic world from the fifteenth century onwards. It then outlines how key concerns of APT emphasize a way of imagining the role of church and nation within history, with providence as an important doctrinal point of reference. The essay closes with some critical reflections on how APT can and should develop going forward.

Искусственный интеллект: игнорировать или регулировать?

The technological revolutionary achievements of the modern world inevitably pose a number of issues to humanity that require legal reflection. The most breakthrough achievements of the last few years are artificial intelligence systems. These systems are very successfully integrated into many spheres of life of the world community. To date, many countries have no systematic legal norms regulating the scope of artificial intelligence. The aim of this work is to formulate specific proposals for the legislative regulation of the field of artificial intelligence. To reach this aim, the authors analyzed legislative acts and law enforcement practice in the Russian Federation and in other modern technologically developed countries. Special attention was paid to determining the possibility of considering artificial intelligence as a subject of law. As part of the work, the authors also examined the doctrinal points of view of both the domestic and foreign scientific community. Based on the results of a comprehensive study, the authors propose to consider the possibility of attributing limited legal personality to some artificial intelligence systems: not all artificial intelligence systems should be given certain rights and responsibilities, but only those that have signs of strong artificial intelligence. In this regard, the authors propose to classify all artificial intelligence systems depending on how significant legal facts and legal consequences they are able to generate. It is advisable to structure the list of “advanced” artificial intelligence systems into one group – “strong intelligent systems”. The list of less developed artificial intelligence systems should be included in another group – “weak intelligent systems”. It is advisable classify artificial intelligence systems not on the principle of a generalized enumeration of their functionality, but on the principle of their specific literal enumeration. A specific list of “strong intelligent systems” will be formed and approved by the Government of the Russian Federation. Further, in connection with the proposed classification, comes the idea of attributing legal personality to “strong intelligent systems”. By analogy with the institution of legal entities, it is possible to provide a procedure for delegating certain rights and obligations to strong artificial intelligence, thereby bringing out a new subject in certain legal relations. Thus, the results of the study can outline certain boundaries of the work of artificial intelligence, contributing to the creation of specific constituent documents or protocols of functioning.

Las Huelgas: Arabic inscriptions for Christian liturgy

AbstractThis article analyses the little-studied thirteenth-century Arabic inscriptions of the monastery of Santa María la Real de Las Huelgas in Burgos, Spain. Despite their creation during an intensifying Christian–Muslim conflict, they were part of a decorative programme that relied on shared religious ideas and iconography. Their incorporation reinforced daily, funerary and commemorative monastic liturgies. While the article explores the Islamic provenance of these inscriptions, it also reveals the overlooked Arabic New Testament as a source. The inscriptions’ provenance, however, was deliberately obscured first and foremost by the nature of their visual display. Examining the relationship of the Latin to the Arabic inscriptions illustrates an unusual symbiosis between the meaning of the inscriptions, the iconography and the monastery's ritual. This symbiosis was formulated through a highly selective editorial process on the part of the Christian patrons, and predicated on their knowledge of the finer points of Islamic doctrine and cultural practices.

Création littéraire et littérature schizophrénique : Deleuze et Guattari lecteurs de Freud

ObjectivesThe aim of this article is to show that the critique of the place and function of the Oedipus complex in Freudian psychoanalysis implies a critique of Freudian aesthetics. MethodWe will first propose a reconstruction of what Deleuze and Guattari take from Freudian aesthetics, namely an aesthetics of form, centered on the theater, and starting from Freud's experience as a spectator of Sophocles’ Oedipus Rex. In a second movement, we will try to identify what Deleuze and Guattari intend to propose to replace this aesthetic of form, and which they name “schizophrenic literature,” situate in the short story rather than in the theater, and explicitly referring to delirium. ResultsThis strategic reconstruction allows us to formulate a hypothesis: that Freud would have implicitly made the theater the matrix of subjectivity, first in its aesthetics, but also in his individual aesthetic experiences and his preferences for a certain type of literary work. DiscussionThis systematic reading of Freudian “creative writing” theory challenges the concept of sublimation as the point of doctrine that rests on the selection of an “Oedipal” corpus and type of art. If the aesthetics of the form can be located in Freud's biography as a “literary effect” whose aesthetic pleasure is found in the economy of the spectator's projections onto the objects on stage, the aesthetics of the formless that is expressed by “schizophrenic literature” mobilizes a violence proper to the sublime: it is not definitively formalizable, and calls for very different feelings that transfigure the coordinates of an aesthetic experience. ConclusionThis schizophrenic tendency of literature leads to an ecological approach to the psychic, attentive to a context where the distinction between nature and culture is never clear.

Tracking Persons With Vehicles

In order to carry out an exhaustive investigation of the theme, the analysis of the problems was resorted to by referring to certain doctrinal points of view, evaluating and synthesizing some aspects in the field of technique and tactics of the tracking bodies. I used the inductive method as the main method because science uses experience as a means of confirming its conclusions and hypotheses. For the study of the theme, its complexity was taken into account, for which a combination of some classic research methods with some new method,s was preferred. Thus, direct observation was used to underline the importance of the methods/tactics/rules that must be followed so that the mission of tracking people can be a success. Indirect observation was used by appealing to some clear and well-written previous findings in the studied subject. Other methods used throughout the elaboration of the paper include: - the sociological method necessary for the collection, analysis and interpretation of information; - the documentary research undertaken at some police headquarters in order to fully understand the techniques and tactics of the investigative bodies; - the documentary research undertaken at the headquarters of the local police units to reveal the number of files, which were solved with the help of tracking techniques; - indirect research.

The Transformation of the Wittenberg Concord in Philip Melanchthon's Correspondence from Statement to Formula for Concord

The author examines the way Philip Melanchthon refers to the Wittenberg Concord in his surviving correspondence. The evidence examined would suggest that the preceptor's views on the Wittenberg Concord changed around the Diet of Schmalkald of 1537. Before this meeting, Melanchthon saw the Wittenberg Concord as primarily a declaration of orthodoxy from Martin Bucer and his fellow-Upper-Germans. Since 1537, the text became an important reference point of doctrine, the adherence to which was crucial for ecclesiastical unity – the statement became a formula of concord.

Opinions of Al-Kamal Ibn Al-Hamam (d. 681 ah) On the Issue of the Homes of the Hereafter - A Comparative Study -


 
 
 
 Praise is to Allah Almighty, Lord of the worlds, and the blessings and peace of Allah Almighty is upon our Prophet Muhammad and his family and companions.
 My research is titled (the opinion of al-Kamal ibn al-Hamam (D.681 AH) on the issue of the homes of the hereafter - a comparative study -) in which I dealt with the personal opinions from the doctrinal point of view, and I found that it expanded in the narration of opinions with invoking evidence from the Holy Qur’an and the purified Sunnah of the Prophet, and sometimes evidence from Reason and discuss its opponents in all scientific ways and put examples for clarification, giving preference to what he deems appropriate.
 
 
 
 
 Al-Kamal ibn al-Hamam - may Allah Almighty have mercy on him - established the issue of the stages of the Hereafter and the necessity of believing in them as Allah Almighty told in his book and told it on the authority of His Messenger, such as the scale, the basin, the path, the conditions of heaven and hell, and other things that are proven in the book or the Sunnah, in general and in detail, and all of that is within In belief in the Last Day, which is the fifth pillar of the six pillars of faith, and no one's faith is valid if he does not believe in the Last Day.

The Concept of Electoral Process in the Light of the Electoral Code of Ukraine and Ukrainian Doctrine

The aim of this paper is to outline an analysis of the codal formulation and doctrinal interpretation of the concept of electoral process in Ukraine. The author analyzes the concept of electoral process, its temporal, subjective and procedural aspects. He also presents the regulations of the Electoral Code of Ukraine on the principles of electoral process. A properly regulated electoral process is the starting point in any democratic state for holding free and fair elections with effective public scrutiny. In Ukraine, this is extraordinarily important for a number of reasons. The provisions of the Election Code passed in 2019 have never been applied in parliamentary or presidential elections to date, and therefore their evaluation is possible only from a doctrinal point of view, and the views of Ukrainian doctrine are the most significant on this issue for obvious reasons.

ROMANIAN ARMY`S JOINT FIRE SUPPORT APPROACH AND ITS IMPLICATIONS IN CONDUCTING MILITARY OPERATIONS

In this paper I wanted to highlight those characteristic elements regarding the joint fire support In this paper I wanted to highlight those characteristic elements regarding the joint fire support concept as they are presented and detailed in our standing national doctrine and field manuals. From a national point of view, joint fire support is described as being the use of specific fire support platforms – land, maritime or aerial – that have the ability to execute indirect fire to generate planned effects on ground targets in direct support for land force operations. This is somewhat a limited perspective that comes, in my opinion, from our current level of equipment with modern fire support systems. The increasing need for modernizing armed forces capabilities and for implementing ongoing and future army equipment programs determine from a conceptual and a doctrinal point of view an adaptation regarding how these new structures and capabilities can best contribute to military operation’s success. Equipping the Romanian Army with modern systems designed to engage targets from distant standoff positions offers new possibilities for the joint fire support system, possibilities that require a new level of integration and synchronization for activities and actions that specialized armed structures, existing at the component level or attached from higher, need to execute in order to properlyengage and exploit these fire support capabilities concept as they are presented and detailed in our standing national doctrine and field manuals. From a national point of view, joint fire support is described as being the use of specific fire support platforms – land, maritimeor aerial – that have the ability to execute indirect fire to generate planned effects on ground targets in direct support for land force operations. This is somewhat a limited perspective that comes, in my opinion, from our current level of equipment with modern fire support systems. The increasing need for modernizing armed forces capabilities and for implementing ongoing and future army equipment programs determine from a conceptual and a doctrinal point of view an adaptation regarding how these new structures and capabilities can bestcontribute to military operation’s success. Equipping the Romanian Army with modern systems designed to engage targets from distant standoff positions offers new possibilities for the joint fire support system, possibilities that require a new level of integration and synchronization for activities and actions that specialized armed structures, existing at the component level or attached from higher, need to execute in order to properly engage and exploit these fire support capabilities

On the Need to Strengthen Constitutional Legal Guarantees for Access to Criminal Justice

The paper examines the problems of the stage of initiating a criminal case in terms of the implementation of constitutional and legal guarantees for access to criminal justice. The author points out that, despite its importance, in practice, the process of establishing the events of crimes, as well as identifying and exposing the perpetrators, encounters a number of traditional problems. The issues arising at the initial stage of the criminal process occupy the leading position among these problems; the stage of criminal case initiation is also referred to as the «pre-investigation verification of a crime report» stage. Given the practice and doctrinal points of view, attention is given to the need to change the rules of domestic criminal procedural legislation in terms of transforming the stage of initiating a criminal case existing in the Criminal Procedure Code of the Russian Federation as preventing the timely detection and investigation of this type of crime, creating a negative image of public authorities. It is also important to strengthen criminal liability in relation to special subjects for evading the fulfillment of the duty of criminal prosecution

Heinrich Hahn (1605–1668). A Portrait of a Lutheran Jurist at the University of Helmstedt

Abstract This article provides a first sketch of the scholarly and confessional identity of the Helmstedt law professor, Heinrich Hahn (1605–1668). It analyses Hahn’s most important work, a commentary on the Paratitla by Matthaeus Wesenbeck (1531–1586), and a funeral sermon delivered by Balthasar Cellarius (1614–1689) at Hahn’s funeral. By exploring what Hahn’s work reveals about his religious convictions alongside Cellarius’ portrait of him, the article presents a paradigmatic model of the interaction between law and religion in the early modern period. In his commentary, Hahn employs Scholastic moral theology, both at the level of general principles and in the resolution of legal problems. However, when it comes to decisive doctrinal points, Hahn turns away from Catholic sources. In the sermon, Cellarius presents Hahn as an ideal law professor whose faith was the foundation of his professional ethos as well as his private life. Throughout the sermon, he questions whether jurists can be good Christians and negotiates the relationship between faith and works.

Women Rights to Education in Light of University Co-Education

The vulnerability of the Muslim world has negatively affected women's rights, particularly their right to education, which was seen by the advocates of westernization as an opportunity for the de-religious disengaging of women by making western women a role model. This created a backlash among some Muslim writers, who prohibited women's education because of co-education. Therefore, it has been deemed necessary to clarify the truth by answering the following question: ‘if education is proved to be a right for women, is it permissible to deny women their right to education under such a pretext? The researcher used descriptive and critical approaches to discuss the right of women to education considering co-education in universities. This paper addressed this topic by rooting the concept of this right and its obligations. It also addressed the issue of co-education from a doctrinal point of view on which contemporary studies focused. This paper argues that education is a right that Islam grants to women and women have the right to claim and defend it before those in authority, who assume the responsibility of providing the right environment for women to exercise their right to education.

Application of Crisis Management Principles in Earthquake-Stricken Urban Areas

Human weakness and vulnerability to urban hazards are taken for granted. Human development has the tendency to move from villages towards the cities. In accident-prone countries, the consequences of crises are a major deterrent to development. The general effects of accidents include death and injury of individuals, damage to property, products, services, and infrastructure, and thus the impact on lifestyle and its social and psychological dimensions, from a doctrinal point of view, accidents, and disasters are part of the world of creation and divine test for awakening, and sometimes, the result of the actions and punishment of human sins and its occurrence causes the growth and excellence of human society. The disasters that have occurred in recent years indicate that societies and individuals have increasingly become vulnerable and that the risks have increased as well. About three-quarters of the world’s population lives in areas that in recent decades have experienced at least one of the four leading causes of death from crises: earthquakes, floods, hurricanes, or droughts have experienced. In recent years, the occurrence of accidents and the number of injured people and the financial losses caused by them have increased significantly. Therefore, the main purpose of this article is to try to explain the components and constructive characteristics of resilience and determine the share of factors affecting resilience in crisis management in Tehran’s 15th district. Also, the results show that there is a significant level of 0.000 between resilience and the final situation. At the level of p = 0.01 , then, this relationship is significant, the researcher’s hypothesis is confirmed with 99% confidence, and the null hypothesis will be rejected. The results show a linear relationship between the mentioned variable and social, economic, and physical resilience; that is, the results show that compliance with resilience indicators in natural disasters (earthquakes) can be effective in urban crisis managers.

Determination of Smart Contract in Civil Turnover

Based on a systematic analysis of the general provisions of civil law on the forms of transactions, contracts and methods of performance of obligations, and doctrinal points of view on the essence of the smart contract as a product of digitalization conclusions are made that the smart contract has a complex and ambiguous legal nature, allowing to define it as a kind of electronic contract, a separate form of written transaction (contract), a way to fulfill an obligation. In the absence of its legal concept, it does not replace the traditional civil law contract. The subject composition and content of the smart contract is mediated by the scope of its application. We should not exaggerate the role and importance of smart contracts and expand the scope of their application outside of civil turnover.

Precedencia del pensamiento de F. H. Jacobi en la filosofía hegeliana

Hegel points to the thought of F. H. Jacobi as one of the precedents of his method. This precedence has doctrinal relevance and logical implications. The objective of our article is to analyze the genesis and dialectical conditions of this precedence. First, we reconstruct the connection of the Hegelian philosophy with Jacobi's thought from a doctrinal point of view, considering its beginning, its evolution and finally its position as a precedent of the method. Secondly, we will consider the resolution of the doctrinal connection of the Hegelian philosophy with Jacobi's thought from a logical point of view, analyzing its position in the dialectic of the sublation of the method. Finally, we determine the moments that constitute the precedence of Jacobian thought in the development of Hegelian philosophy.

On Legal Nature of the Norms Forming the Legal Basis for the Exercise of Right to Housing of Police Officers

The features of the exercise of right to housing of police officers are considered. It is emphasized that this right is one of the social guarantees and acts as a guarantee of providing police officers with living quarters. The doctrinal points of view, indicating that there are problems in exercising the right to provide police officers with housing, are analyzed. The purpose of the article is to analyze the regulatory framework for the implementation of this right by police officers within the framework of social employment contracts. It is concluded that the right to own and use residential premises by police officers is realized through two groups of legal interactions – administrative and civil law. Therefore, the regulatory procedure for accounting for persons in need of improved housing conditions provided by the Department of Internal Affairs under social employment contracts. Such relations are characterized by special legal regulation for police officers, which differ from the right to receive housing for citizens who are not related to the police department.