General Theoretical Problems Research Articles

Понятие и структура семейной правосубъектности несовершеннолетних в российском праве

The study considers general theoretical problems of family legal personality of minors. The author comes to the conclusion that the general possibility of possessing family rights arises from the moment of birth, and individual elements it arises with the achievement of a certain age and coincidence with the corresponding element of legal capacity. The author considers that the embryo does not have the capacity to possess family rights.

Классификация преступлений в сфере государственных и муниципальных закупок: теоретико-правовой анализ

The article provides an analysis of the provisions of the domestic legislative framework and legal doctrine on the issues of scientific differentiation of types of illegal acts in the field of state and municipal procurement. The author's opinions and approaches are explored, criminal law statistics data for the last few years are presented, general theoretical problems on the stated topic are identified, and ways to resolve them are also outlined.

Ренессанс юридической фикции в монографических исследованиях последних лет (2021—2022)

The article provides a brief historiographical overview of complex monographic legal studies devoted to legal fiction, identifies trends in the field of its scientific development, draws attention to the fact that interest in general theoretical and special branch problems of fiction has resumed over the past few years, this is confirmed by the appearance of a number of original scientific works in 2021—2022, their characteristics are given the conclusion is made that fiction is a sought-after object of political and legal reality that is relevant for scientific understanding, connected with many modern problems of law-making and law enforcement activities of a theoretical and applied nature, the conclusion defines promising directions for its further study.

Application critical social theory in investigating nursing competency in context of Vietnam

Background: Competency of nurses is a critical component that drives the quality of healthcare. Investigation of required competencies among nurses in particular context is essential to foster nursing services. Objectives: The aim of this article is to share the researcher’s experiences and give out explanations of the application of the Critical Social Theory through investigating nursing competency in context of Vietnam. Methods: An ethnography approach with data collection methods of participant-observations, in-depth interviews, and focus group discussions was conducted. Critical Social Theory was applied as theoretical foundation in order to gain deeply and fully understanding competencies of nurses. Results: It’s shown that using the Critical Social Theory as a theoretical foundation to investigate nursing competency in Vietnam context is applicable. This Theory is a school of thought whose primary goal is to improve the human condition. The theory focuses on general theoretical problems, as well as specific studies of concrete problems of contemporary social organization. The tactic focused on breaking with traditional hypothetical deductive methods, which are oriented towards the preservation and gradual reformation of the status quo. Its intention is to be a radically different approach which would consider the human construction of social forms of life and the possibility of their recreation. By applying the theory, it allows the researcher to explore and deeply understand what nurses think and act. Conclusion: To hear all nurses’ voices and smell the meaning of their behave in order to gain a rich and fully understanding of competencies of nurses, the Critical Social Theory is a suitable choice.

Методологічні засади створення електронних планів дій із протидії надзвичайним ситуаціям (Ч. І)

One of the possible ways to improve the quality of operational management of counteracting emergency situations by means of situation centers is the use of appropriate decision support systems. As such a decision support system, the article examines the DSS SPOR which provides solutions to the problems of operational management of countermeasures against emergencies with the help of electronic action plans. The article describes the first part of the methodologi-cal bases of creating electronic action plans, the purpose of which is to consider the general the-oretical problems of structuring the process of countering an emergency situation, independent of the specifics of a specific emergency, aimed at substantiating of the general methods of cre-ating of electronic action plans. In order to avoid possible disagreements in the interpretation of the main concepts used in the presentation of methodological bases, their definitions are pro-vided. The purpose and structure of the methodological bases are substantiated and the main actions that underlie the development of an electronic action plan are characterized. The re-quirements for an emergency situation, to meet which it is expedient to use DSS SPOR, have been determined. General methodological bases for the development of electronic action plans are outlined as well. The features of forming a set of operations that form ordered sequences that will make up an electronic action plan are described. The problem of updating the content of the initial data when adapting a typical electronic action plan is characterized and the re-quirements for the initial data of operations necessary for the creation of an electronic action plan are formulated. The peculiarities of the use of the obtained results in the creation of elec-tronic action plans will be presented in the second part of the methodological bases.

THE RIGHT OF THE CHILD TO PAYMENTS OF A SOCIAL TYPE: FEATURES AND PROBLEMS ENFORCEMENT

Purpose of the study. In this article, the author analyzes the general theoretical and practical problems associated with the enforcement of social norms aimed at paying pensions to children, in particular survivors’ pensions. The author proves that the right to pension provision in case of loss of a breadwinner is the most important constitutional right of citizens, including children, and is a kind of their property rights. The article substantiates the conclusion about the need to highlight the independent status of the child - the social status, the content of which is determined depending on the influence of his individual criteria, namely, age, marital status, health status, etc. the system of legal facts necessary for the emergence of the child’s right to receive social payments.

COLOCATIONS OF TEXTS OF THE CIVIL CODE OF UKRAINE

Modern understanding of legal linguistics has expanded significantly as the relationship between jurisprudence and linguistics in the study of language issues of the legal field has changed The article is devoted to the study of the colocation structure of the texts of the Civil Code of Ukraine. It has been established that collocations are statistically stable compounds that form a certain continuum between free and stable compounds. It is proved that the conclusion of collocations of the texts of the Civil Code of Ukraine provides for a combination of the corpus method with distributive and contextual analysis. In this article, it is claimed that contemporary changes in the humanities justify the expansion of the range of jurisprudence integration to some other approaches, different from formalistic and pragmatic ones. The paper describes the features of legal language as a specialized system of legal concepts, provides communication needs in the field of legal science and practice. The article presents an overview of scientific works devoted to the study of the language of juridical field that covers general theoretical problems of juridical terminology, its history, formation and development issues, precision and normativity of separate terms and also linguistic features of separate juridical terminology Typical of an explicit definition is a simple sentence with a compound noun predicate that can function with zero or lexical verb conjunction. The complexity and specialized nature of legal cases determine the special requirements for the training and experience of a lawyer. To maintain the necessary level of knowledge and skills, a lawyer must constantly engage in his education and training.

The doctrine of the purpose of criminal punishment in modern European political and legal thought

The doctrines on the purpose of punishment in the political and legal thought of the New Age are considered. Attention is focused on the essence of punishment in the works of contemporary thinkers, its properties and the appropriateness of certain types of punishment.
 It is stated that the call for humane treatment of criminals and condemnation of cruel punishments was made in the early XVI century. In addition, the ideas of natural law doctrine influenced criminal law theories, including the theory of punishment. In modern times, the absolute and relative theory of punishment have gained popularity. In this regard, the views on the purpose of punishment are briefly characterized by the following scholars: I. Kant, G.W.F. Hegel, C. Lombroso, E. Ferry, R. Garofalo, I. Bentham, P.Y.A. Feuerbach, O.F. Kistyakivskii, J. Howard, I.Ya. Foynitsky and others. It is established that from the point of view of absolute theory, a criminal should be punished only because he committed a crime. In other words, the criminal should be punished for the triumph of the absolute idea. Any other purpose of punishment does not matter. It should be inevitable, fair, and commensurate with the crime. Representatives of relative theories of punishment found justification and purpose not in the punishment itself, but in the results that should be achieved by it. These results include intimidation, psychological coercion, correction, prevention of other crimes, and so on. Punishment is considered as a way to influence the consciousness of the offender. It should eliminate the criminal will of the offender. In addition, thinkers of the past considered punishment as a criminal form of resolving social contradictions, and antagonism between society and the state, between society and the individual.
 Today the socio-political situation indicates a growing need for criminal repression and requires careful theoretical understanding and legislative consolidation of the concept, nature of punishment, the system of punishment, as well as the development of principles and legal mechanism for sentencing and execution. In this regard, the experience of our predecessors on the general theoretical problems of punishment can be useful and instructive.

Consciousness and Rationality: The Lesson from Artificial Intelligence

I review three problems that have historically motivated pessimism about artificial intelligence: (1) the problem of consciousness, according to which artificial systems lack the conscious oversight that characterizes intelligent agents; (2) the problem of global relevance, according to which artificial systems cannot solve fully general theoretical and practical problems; (3) the problem of semantic irrelevance, according to which artificial systems cannot be guided by semantic comprehension. I connect the dots between all three problems by drawing attention to non-syntactic inferences — inferences that are made on the basis of insight into the rational relationships among thought-contents. Consciousness alone affords such insight, I argue, and such insight alone confers positive epistemic status on the execution of these inferences. Only when artificial systems can execute inferences that are rationally guided by phenomenally conscious states will such systems count as intelligent in a literal sense.

Specific features of the protection of rights and interests of the creditor in case of breach of monetary obligation with a foreign currency equivalent

In the course of the research the normative-legal analysis was carried out and a number of general theoretical and practical problems of the national legislation of Ukraine on protection of the rights and interests of the creditor in case of breach of monetary obligation with a foreign currency equivalent were identified. The purpose of the research is to analyze the general theoretical and practical problems of the national legislation of Ukraine regarding the protection of the rights and interests of the creditor in case of breach of monetary obligation with a foreign currency equivalent. The right to protect one’s rights and interests is the basis of civil law and the guarantee of the proper performance of contractual obligations. Non-fulfillment or improper fulfillment of contractual obligations are the causes of disputes in the field of civil law. This scientific article examines some ways to protect the rights and interests of the creditor in case of breach of monetary obligations in foreign currency. The advantages and disadvantages of such methods are analyzed.The study established the lack of a legally defined procedure for accrual of penalty in a monetary obligation with a foreign currency equivalent and proposed to improve the law on protection of the rights and interests of the creditor in case of breach of a monetary obligation with a foreign currency equivalent. The use of foreign currency in monetary obligations will be used more and more frequently by the parties, which makes it necessary to regulate the use of foreign currency in monetary obligations. The results of the study can be used in lawmaking and law enforcement activities in the implementation of the creditor’s protection of their rights and interests in case of breach of monetary obligations with a foreign currency equivalent.

LEXICAL MEANS OF NOMINATION OF THE EMOTIONAL CONCEPT “FEAR” IN THE KAZAKH AND ENGLISH LANGUAGES

This study presents the nominations of the emotional concept "fear" on the material of the Kazakh and English languages. The means of linguistic representation of the concept are analyzed on the basis of the definitions of the main lexemes in explanatory dictionaries, dictionaries of synonyms and examples from fiction. Comparative analysis of the concept identifies the national-cultural specifics and peculiarities of the perception of the concept. Lexical means of nomination in the Kazakh and English languages reflect physiological processes at the moment of experiencing the emotion, the reasons, intensity and subsequent emotional state of a person. The relevance of this research is determined by the modern general theoretical problems of linguistics, its interest in the problems of the interaction of language, thinking and culture, also by the focus on the study of fragments of the picture of the world through their linguistic representations. Fear is one of the basic emotional concepts that make up the core of the linguistic worldview. Basic emotions are universal, so are emotional concepts. However, emotional concepts are characterized by national and cultural specificity, which is reflected in the semantic differentiation associated with the assessment and comprehension of the people. Research prospects consist in further study of the structure and semantics of the concept “fear” (“қорқыныш/ fear”), in a more in-depth study of complex studies of the concept's verbalization in linguistic consciousness.

Nikonorova E.V. Maria Ivanovna Akilina — Scientist, Friend, and Ally (1953—2021)

The article describes contribution to the library science and scientific activity of the Russian State Library (RSL) of the famous librarian Maria Ivanovna Akilina (April 13, 1953 — June 04, 2021).Since 1989, first as senior research scientist in the departments of the Russian State Library, and then in the scientific research department of library science, she worked her way up from leading researcher to the head of the department. Together with her colleagues — library scientists, she made the great contribution to the development of problems of the general theory of library science, the organization of practical activities of libraries, scientific and methodological assistance to libraries of the country.In the scientific research department of library science, there was created the all-Russian system for monitoring library collections; there were studied the issues of standardization of library science; and the work was carried out to create the Electronic Library of the RSL. The department developed and implemented the methodology for preparing the first fundamental unique reference publication on library science in our country — the “Library Encyclopaedia”, which was published in 2007 by the “Pashkov Dom” publisher. M.I. Akilina was a member of the editorial board of this publication; she also made a great contribution to the work as an editor and author of the articles. Together with the staff of the department from 2002 through 2013, she actively participated in the publication of the scientific-practical collection “Librarianship — the 21st Century” — the supplement to the journal “Bibliotekovedenie” [Russian Journal of Library Science], and also became one of the compilers of the collection “Library Research in the System of Postnonclassical Science”.M.I. Akilina managed to create an atmosphere of creativity and scientific research in the department, which became a significant factor in the development of interdisciplinary approaches to the study of librarianship, its various aspects and research practices. Since 2015, M.I. Akilina worked as a leading research scientist in the Centre for the study of problems of library development in the information society. She is the author of more than 100 scientific papers, major part of which is devoted to the scientific and methodological activities of libraries and general theoretical problems of library science; these are the publications about national, central, mass rural and other libraries. When communicating with colleagues, she always took into account not only their achievements, but also the ability to be honest both in scientific work and in human relations. Her contribution to the library scientific research will undoubtedly become part of the research heritage of library science.

Participation of the state of Ukraine in providing the agreement as a grounds for the transfer of ownership to the land plot

The paper states that the current civil and land legislation contains numerous internal contradictions regarding the content of the papers, and is not always consistent in resolving various issues. It is necessary to eliminate the contradictions of the provisions of civil and land legislation, as well as to identify priorities in the regulation of land relations, to build a logical conceptual apparatus to protect the rights of legal entities. Public relations of land ownership form the basis not only of land relations, but also of many economic and social relations in society and the state. In cases where land acts as an object of civil turnover as real estate and is the object of property rights and other property rights, relations concerning land are regulated by civil law, but taking into account land and other natural resource legislation. It has been proven that land ownership is traditionally considered in objective and subjective meanings. An extremely important aspect of ensuring land ownership in the modern information society is the creation of joint information resources on state registration, cadastre and cartography. The current trend in the development of land legislation, from the post-socialist period to the present, undoubtedly has a positive dynamics, while leaving the ground for appropriate scientific and regulatory rethinking and improvement. Ukraine is consistently advancing by reforming various spheres of social and political life of society. The transition from predominantly state ownership of land to a variety of forms of land ownership has affected the procedure for recognizing private ownership of land. At the same time, the imperfection and lack of a unified approach to the regulation of land ownership leads to general theoretical problems, to the inability of the regulatory framework.

НОВЫЙ ПОДХОД ПРИ РАСПРЕДЕЛЕНИИ СУДЕБНЫХ РАСХОДОВ ПО ДЕЛАМ ОБ ОСПАРИВАНИИ РЕЗУЛЬТАТОВ ОПРЕДЕЛЕНИЯ КАДАСТРОВОЙ СТОИМОСТИ

This study is determined by the theoretical and practical interest in the study of issues related to the protection of the rights of participants in transport obligations. The need for research is dictated by the direct needs of the subjects of the relevant legal relations in the actual exercise of rights, as well as in connection with the search for the most effective use of existing civil law forms of protection of violated rights of participants in transport obligations. Turning to general theoretical problems, in particular, to the concept of protection of rights, it is concluded that this is common to civil law and civil procedure. The authors state that the specifics of transport obligations determine the specifics of protecting the rights of their participants, where the main role is given to the non-jurisdictional form of protection. The authors pay special attention to the claims procedure for dispute settlement, supporting the position that this procedure is inter-industry in nature. At the same time, it is proposed to use other conciliation procedures along with the claim procedure (or after) before applying to the court, which, in turn, according to the authors, will allow building an effective system for protecting the violated rights of participants in transport obligations.

МАТЕРИАЛЬНЫЕ И ПРОЦЕССУАЛЬНЫЕ АСПЕКТЫ ЗАЩИТЫ ПРАВ УЧАСТНИКОВ ТРАНСПОРТНЫХ ОБЯЗАТЕЛЬСТВ

This study is determined by the theoretical and practical interest in the study of issues related to the protection of the rights of participants in transport obligations. The need for research is dictated by the direct needs of the subjects of the relevant legal relations in the actual exercise of rights, as well as in connection with the search for the most effective use of existing civil law forms of protection of violated rights of participants in transport obligations. Turning to general theoretical problems, in particular, to the concept of protection of rights, it is concluded that this is common to civil law and civil procedure. The authors state that the specifics of transport obligations determine the specifics of protecting the rights of their participants, where the main role is given to the non-jurisdictional form of protection. The authors pay special attention to the claims procedure for dispute settlement, supporting the position that this procedure is inter-industry in nature. At the same time, it is proposed to use other conciliation procedures along with the claim procedure (or after) before applying to the court, which, in turn, according to the authors, will allow building an effective system for protecting the violated rights of participants in transport obligations.

Қазіргі лексикография: даму үрдісі мен бағыттары

The article examines the state and directions of development of modern Kazakh lexicography. The goals, objectives and possibilities of modern branches of lexicography are determined; the scientific-theoretical and practical foundations of compiling dictionaries are described. The development of the theory and practice of lexicography is due to such needs as the recognition of lexicography as a separate area of linguistics, the development of a theoretical basis for the creation of dictionaries, a general typology of dictionaries, the definition of the macro - and microstructure of dictionaries. Therefore, the purpose of this article is to summarize the experience of Kazakh lexicography, to identify its general theoretical problems, directions of development, to show its place in linguistic science. The study used a descriptive method, analysis and synthesis methods. A brief overview of scientific works is made, which study general theoretical and practical problems of Kazakh lexicography, research on the history of Kazakh lexicography, as well as works that consider the experience and scientific foundations of compiling dictionaries. The authors note the importance of the theory of lexicography in creating dictionaries, improving their quality, choosing the basic principles when sorting vocabulary units in a dictionary, the peculiarities of their functioning, the quantitative and qualitative composition of linguistic units to be included in the corresponding type of dictionary according to the subject of research, denote the theoretical and practical problems of Kazakh lexicography, scientific and theoretical foundations for creating dictionaries of the Kazakh language, determine the scientific, theoretical and practically applied aspects of modern lexicography as a science of language. Pointing to the importance of studying the scientific foundations of compiling dictionaries, their composition and structural features, both from a purely scientific point of view, and from the point of view of the implementation of state programs aimed at the development of the Kazakh language, the authors of the article conclude that the patterns and quality of compiling dictionaries directly depend on the basic functions of the language in modern society. The state of affairs in modern lexicography makes it possible to talk about the allocation of general lexicography, which studies the properties inherent in any dictionary, and particular sections of lexicography (educational, terminological, onomastic, etc.). General lexicography should establish common (or statistically dominant) features of all dictionaries using typology, as well as explore the general patterns of functioning and use of dictionaries. Private lexicography should contain sections that study the internal structure of this type of dictionary and methods for its creation; history of this type of dictionary; purpose and addressee of this type of dictionary. Therefore, experts in the field of lexicography believe that the prospects for the further development of lexicography are seen in the improvement of existing and creation of new types of dictionaries, the emergence of complex dictionaries and the computerization of lexicographic activities.

STUDY OF PECULIAR FEATURES IN FORMATION OF FOLK NAMES OF MEASUREMENTS IN UNRELATED LANGUAGES

Comparative study of genetically and typologically unrelated languages involves the detection of differences in the worldview of representatives of a particular culture and speakers of certain languages. In this regard, the purpose of the study is to consider the folk names of measurements of the Kazakh language in comparative terms and to identify common and national-specific cultural and linguistic features in the lexicon of three specific peoples Theoretical significance of the paper is determined by the fact that the results of the study make a certain contribution to the theory of comparative linguistics and comparative cultural studies. The conclusions obtained in the course of the study can provide the necessary assistance both in considering general theoretical problems of linguistics, and in compiling scientific and theoretical developments and manuals, organizing special theoretical courses for undergraduates and postgraduates. Practical value covers the possibility of using the main provisions and findings of the study in university courses on comparative linguistics, ethnolinguistics, cultural studies, private theory and practice of translation and phraseology, as well as the factual material, collected in the course of the research, can be used in the compilation of explanatory, translated, ethnolinguistic dictionaries.

Этика высоких технологий: проблемы формирования и перспективы развития

The article examines the general theoretical, organizational and legal problems of the formation and development of the ethics of high technologies in Russia. The authors propose organizational and legal means and mechanisms for resolving the main problems in the area under consideration. Based on the results of the study, amendments and additions to the current domestic legislation are proposed.

SANCTIONS FOR ILLEGAL CONDUCT WITH POISONOUS AND DRASTIC SUBSTANCES OR POISONOUS AND DRASTIC PHARMACEUTICAL DRUGS

The article is devoted to the investigation of criminal legal norm, namely, to one of its parts – sanction. In this aspect, a brief overview of general theoretical problems is made, their importance and prospects in further study for science and practice are shown. The aim of the article: to analyze the general concept of criminal legal sanction, to investigate the sanctions of norms provided by Art. 321 of the CC of Ukraine, to identify the shortcomings of their design and to suggest ways of their improvement. The research methodology: historical-legal, comparative-legal, logical ones, the method of analysis and synthesis. The definition of the concept of sanction is described, as well as what types of sanctions exist, which prevail in the norms of the law of Ukraine on criminal liability, etc. In addition, the peculiarities of the sanction design, in particular in comparison with foreign criminal legislation, and the existing shortcomings in the domestic criminal law are provided. In total, this provided an opportunity to analyze Art. 321 of the Criminal Code of Ukraine (hereinafter – the CC of Ukraine), and to formulate ways to improve it. The main results: to apply the experience of foreign criminal law, which provides the gradation of even each type of punishment, the use of arithmetic rules to increase and decrease the amount of punishment in case of existence of mitigating or aggravating circumstances, etc., at least for the most common crimes.

ON THE DEFINITION OF INVESTMENT IN LEGISLATION AND SCIENCE

The article deals with General theoretical and practical problems of defi ning the concept of investment in legislation and legal science. It is noted that despite the rapid development of investment relations, there are still regulations that require either cancellation or serious revision. One of the problems is the use of the concept of investment in different meanings in the three main laws regulating investment relations. In this regard, it is emphasised that the use of a single term that allows for different interpretations contradicts the legislative technique and negatively affects law enforcement practice. The authors identify the reasons why there is no single legal defi nition of investment to date, the main ones being the lack of demand for the laws in question in law enforcement practice, as well as the lack of a single doctoral approach to the concept of investment. As a result, it is concluded that the scientifi c understanding and development of this concept with subsequent amendments to legislative acts is one of the most important tasks of the science of business law at this stage.