Main Positions Research Articles

Law-making: issues of form and content

The article is devoted to the study of issues of the form and content of law-making through the prism of the idea of freedom as the primary basis for the formation and development of socio-normative systems. Emphasis is placed on the predominantly instrumental nature of the understanding of the essence and nature of law-making in modern legal literature. It is substantiated that law is one of the forms of freedom as a process of separating good from evil, the content of which has a moral dimension, not limited by the pragmatic, conventional orientation of the functional influence of officially established legal norms on social relations. At the same time, the idea of human freedom is the general, primary basis for the formation and development of law, morality and religion as necessary socionormative systems in every society; the idea of freedom acts as a basic, fundamental concept for each of them and around it, or rather its concrete understanding within certain temporal and spatial dimensions, a holistic and multi-level system of relevant social values (justice, humanism, equality, good faith, etc.) is developing, which must be coherently and balanced justified, protected and defended within the limits of the specified normative phenomena. The author’s understanding of the concept of «law-making» is offered. Law-making is the activity of authorized bodies and other entities, defined in the legislation, for the planning, development and adoption of a normative legal act with the aim of ensuring legal regulation and/or protection of social relations, the content of which is the official establishment of rules of behavior and activities of people and their associations based on a constitutionally established system of social values, which are substantiated taking into account the objective relationships and interdependencies between the main social regulators operating in society. As a result of research the following conclusions are made: 1. The content of law-making is its main ideas, goals, opinions and positions of its subjects, reality, reproduced at different levels of the consciousness of the rule-maker and embodied in the form of legal norms with different legal force, which fix the models of behavior of the participants of the relevant legal relations, their rights and obligations, the mechanism of their implementation, legal responsibility for their violation, etc. 2. The form of law-making, in contrast to its content, represents its fixed determination, the way of its actual existence, its state or structure. The form of law-making is its internal organization, which includes relevant stages, communications, the procedure for drawing up certain documentation, a system of legal means used in the process of developing and adopting legal acts, etc. The dialectic of the form and content of law-making is manifested in the fact that the form of law-making cannot be outside the context of its defined content, meaning or idea, just as the content of law-making always needs a certain design or organization. Key words: law-making, form and content, freedom, human rights, morality, religion, social values.

Theoretical Foundations and Management Models in Education as a Response to Risk and Uncertainty. Meta-Analysis of the Effectiveness of Education Management Models

The process of building knowledge in the field of management of education started relatively late and it is still being developed. It is also closely interrelated with the effectiveness of educational processes. This article is meant to show the paradigm shift, which is occurring in contemporary education, in which the abandonment of the centralised models of political interventions has resulted in the search for new solutions that would fit into the current need to accelerate the development. This need is reinforced by the pace of the ongoing socio-economic changes, some of which may be difficult or impossible to predict. The situation gives birth to new, more challenging problems as well as to the need to impose new models of education management. It is therefore of utmost importance to provide an overview of the main theoretical positions and management models in education, the evaluation of which is a response to the new prerequisite to cope with risk and uncertainty. The aim of the article is, therefore, to conduct a metanalysis of these theoretical positions and models. The order of the analyses consisted of three key categories (analysis criteria) adopted by the OECD in the description of the education system: input resources, internal school processes and output resources, as well as the relationships between them as the basis for showing the ongoing changes while rejecting the existing paradigms. In English-language literature, systematic literature reviews are already standard today. Hence the proposal to use such a method, the purpose of which is to indicate the need to develop a model for managing education processes in a dynamically changing socio-cultural space based on available publications.

公开盗窃的实践样态、理论争议与司法嵌入

There is no final conclusion about whether theft adheres to “secret theft” or compatible with “blatant theft” in terms of objective behavior. Although traditional theories occupy the main position in judicial practice, there have been judgments that agree with the theory of “blatant theft”. Through the analysis of cases that adopt the theory of “blatant theft” in judicial practice, this paper examines the specific problems faced by the theory of blatant theft in the application of judicial practice. After that, this paper further demonstrates the rationality of embedding the blatant theft theory into judicial practice, and puts forward the specific approach of embedding this theory into judicial practice.

Research on the Training Mode of Big Data Analysis Talents Based on The Integration of Industry and Education

In the era of big data, the demand for big data analysis talents is increasingly urgent. As the main position of talent training, colleges and universities need to keep pace with the times and reform the traditional talent training mode to meet the demand of innovative and compound big data analysis talents. Combined with the education reform practice of HS College, the article discusses the integration of industry and education in four aspects, namely, disciplinary synergy, faculty construction, school-enterprise cooperation and "class competition, certificate and post", and puts forward the corresponding measures to provide reference and thinking for the cultivation mode of big data analytics talents.

Детские погребения первых веков н. э. из могильника Старокорсунского городища № 2

The paper analyzes the material of 26 children’s burials from the Maeotian burial ground. The Infantilis I age category inc­ludes 14 burials, in half of which were buried children aged 3—4 years. Skeletons of children of the age category Infantilis II were found in seven burials. The age of the children from the remaining four burials is not determined. Five graves pits were found, corresponding in size to the height of the buried children. The main position of the buried is extended on the back. The crouched position on the back and on the side is twice as rare. The predominant direction in the orientation is not observed. Most of the burials contained locally produced gray-clay pottery. The dating of the burials is based on the chronology of bronze fibulae of various types of the second half of the 1st to the 2nd centuries AD, found in 10 complexes. Jewelry is represented by bronze arm rings, finger rings, earrings and beads, among which are figured pendants made of “Egyptian” faience, which are usually considered apotropaic. In two burials, bronze bells were found, which, it is believed, performed a protective function. In general, children’s burials coincide with the burials of adults in terms of the rite and the composition of the accompanying inventory. However, some notable differences can also be distinguished: the absence of weapons, the almost complete absence of pieces for a belt set, and rare tools.

Heavy metal exposure linked to metabolic syndrome in Korean male firefighters: FRESH cohort cross-sectional analysis

This study aimed to identify the relationship between blood lead and Cadmium (Cd) concentrations and metabolic syndromes (MetS), including its components (central obesity, hypertriglyceridemia, low high-density lioioritein, hypertension, and hyperglycemia) among Korean firefighters. A total of 965 firefighters of the Enhancement of Safety and Health cohort were analyzed in this study. MetS was defined according to the 2005 revised National Cholesterol Education Program-Adult Treatment Panel III criteria and the Korean Society for the Study of Obesity criteria for waist circumference. The collected data were analyzed using a logistic regression model. Of the 965 participants, 190 (19.7%) had MetS. After adjusting for age, body mass index, smoking, drinking, exercise, shift duty, and main duty position, the Cd level was significantly associated with an increased risk of MetS in the Korean firefighter population (odds ratio [OR] = 1.62, 95% confidence interval [CI] 1.07, 2.46). This association was significant among non-smokers and ex-smokers (OR = 1.58, 95% CI 1.03, 2.43), non-drinkers and ex-drinkers (OR = 1.77, 95% CI 1.06, 2.94), firefighters aged 40 year or older (OR = 1.77, 95% CI 1.10, 2.86), and office administrators (OR = 3.85, 95% CI 1.42, 10.39). This outcome suggests that exposure to Cd is likely to increase risk of MetS among firefighters.

USE OF TOPONYMS OF THE WESTERN AND SOUTHERN PODILLIA IN EXCURSION ACTIVITIES (TERNOPIL REGION)

The article emphasizes the importance of awakening national consciousness and patriotism through the organization and provision of excursion services based on local history material. It is important to involve the young generation in researching and learning about the region, for the sake of expanding its national memory and outlook, awakening pride in its past and future, and understanding Ukrainian identity. The geographical and historical features of the origin of the names of selected settlements of the Ternopil region, their meaning, development, current state, spelling and pronunciation have been studied. The toponymy of the Ternopil region is extremely rich and unexplored at the same time and has many prospects for its use for the implementation of excursion activities. For toponymic research, tourism workers can use a geographical map, archival and literary materials, and official reference sources. In the course of this study, the origin of the names of the most interesting for tourist and excursion activities, settlements of the Ternopil region, which are located directly on excursion routes or close to their passage, is described. Also, an important criterion for the selection of these settlements was the interesting features of historical, natural or human factors that influenced the formation of their names, which makes it possible to acquaint the users of excursion services with the history of Ternopil Oblast through its reflection of the geography and history of the region in these names. This information makes it possible to fill the tour guide's story, as an important component of the tour, with interesting material along the entire tour route and makes it possible to implement various methods of the tour method. Recommendations are given for improving the methodology of conducting any excursion using the research material. The article emphasizes the relevance of such local history and toponymic research in modern society, which makes it possible to get acquainted with the history of settlements in the Ternopil region, to study the peculiarities of the formation of the names of cities and villages of the region due to many factors, among which geographical and historical factors take the main position. Motivating and involving young people in such knowledge of the region for the sake of expanding their national memory and outlook is also relevant. Keywords: toponymic studies; toponyms; settlement; origin of the name of the village; history of the city; organization of excursion services; road excursion information; methodological techniques; method of conducting excursions.

Analysis of the Function of Nurturing People in the Management of University Ideological and Political Education

Ideological and political education and management in colleges and universities play a very important role in cultivating students' correct ideology and sound personality quality. To strengthen the management and education of college students, we must accurately grasp the main content of management and education, adhere to "people-oriented", highlight the main position of students, improve the construction of system, improve the quality of management personnel, and build a long-term mechanism of management and education of college students.

Expressions of National Identity in the Landscape Architecture Projects in Kazakhstan

One of the important parameters of the quality of the urban environment is its identity. The concept of identity has a broad context. Identity has mainly been studied in the humanities such as psychology, philology, philosophy, sociology and anthropology. The process of globalization, leading to a blurring of the borders between cultures, is bringing to the fore the problem of national and regional identities in the architecture and landscape of the urban environment. This article examines the actualization of the concept of identity in architecture, urban development and landscape architecture. It focuses on sustainability of national and regional identity manifested through place identity. The main positions of research from other countries with the basis of identity have been analyzed according to the landscape philosophies of the XXI century. Through the analysis of scientific research in the field of cultural science, regional roots, signs and symbols have been identified as a basis for landscape practices in the urban environment of Kazakhstan. The study used complex methods of historical, ethnographic, cultural and architectural landscape studies examining the manifestations of identity in the traditional culture of Kazakhs. It produces a comparative analysis of ideas about identity in Kazakh traditional music, decorative and applied art. It also carries out structural and morphological analysis of project materials on landscape architecture of Kazakhstan. Moreover, a comparative analysis of individual objects of landscape architecture of XX and XXI centuries has been conducted. The paper produces new perspectives on nation-building efforts of Kazakhstan through designed landscapes since independence, elucidating the symbolic language of national identity manifested across major public parks and plazas.

Critical State Calculation of Saddle-Shaped Unstable Region of the Axial-Flow Pump Based on Bifurcation SST k–ω Model

This study aims to investigate the critical state of the saddle-shaped unstable region of the axial-flow pump and propose a suitable criterion for identifying this state. The bifurcation SST k–ω model considered the rotation effect is used in the present work and verified in the numerical calculation of a water jet pump. Then, it is used to simulate the critical state of the axial-flow pump. Results show that the leading-edge separation vortex generates at 0.6Qd, while the head declines only at 0.55Qd. Therefore, using the inflection point of the head-flow curve as the critical state criterion is unsuitable. In addition, the fixed monitoring point is unsuitable for identifying the critical state due to the insensitivity to the amplitude, main frequency, and periodicity changes at the critical state. Finally, to identify the critical state, it is essential to arrange a monitoring point at the leading edge of the blade suction near the shroud, which should rotate with the impeller. The critical state criterion is that the main frequency position of the pressure fluctuation signal is offset at the monitoring point, and the amplitude is increased by 10 times.

Green coal mining under buildings by overburden grout injection for coalmine sustainable development of central China

Coal will occupy the main position in China's energy structure for a long time, and the negative externalities of its exploitation have a serious impact on the ground surface and its appurtenances. With the proposal of the dual carbon strategy, the coal-based energy determines that green and safe coal mining should be the priority direction of China's energy development. Taking Xinyi coalmine, which is mined in unstable coal seams with large mining depth, as the research area, the surface response characteristic and subsidence law under the different mining degrees were clarified. Meanwhile, the damage mechanism of buildings was revealed, which was from no obvious damage to Grade Ⅳ under the extremely insufficient mining to subcritical mining. Based on the sustainable development and green production in coalmines, the overburden grout injection technique under buildings that does not affect the normal production was proposed, and its technical principle was described. A weighted grey relational analysis model was established, and obtained that the panel width was the main factor affecting the overburden failure height under subcritical mining. According to the definition of overburden failure degree proposed by the author, the feasibility of overburden grout injection technique under buildings was analyzed and the key parameters, such as slurry diffusion radius, borehole position and depth, grouting system and technology, were determined and successfully applied. The engineering application shows that the maximum surface subsidence after grouting is 253 mm, and the building damage is within the Grade I. Meanwhile, 5.82 Mt of coal resources under the buildings have been liberated, which realizes high quality coal mining, low environmental damage, green and low-carbon, and also provides a reference for the sustainable development of coal enterprises, especially for the exhausted coalmines that recover coal pillars.

Modified EDAS method for spherical fuzzy multiple attribute group decision making and applications to English classroom teaching quality evaluation

Classroom teaching is an important link related to the quality of teaching and talent cultivation. In the implementation of classroom teaching, we should fully attach importance to the main position of students, the role of educational technology and information technology in teaching activities, make use of the latest educational ideas and educational concepts, and combine the actual situation of college English teaching and college English teaching in China, and attach importance to foreign language teaching theories and practices at home and abroad, Establish monitoring indicators and monitoring system for college English teaching quality. Under the guidance of effective monitoring indicators, teachers’ teaching concepts can be updated and improved in real time to achieve better teaching results. At the same time, the quality assurance and monitoring system of college English teaching can be continuously improved to make it more perfect. The English classroom teaching quality evaluation could be deemed as a classic multiple attribute group decision making (MAGDM) problem. Spherical fuzzy sets (SFSs) can excavate the uncertainty and fuzziness in MAGDM more effectively and deeply. This article we first present a novel score function to compare spherical fuzzy numbers (SFNs) more directly and efficiently. Then, on basis of evaluation based on distance from average solution (EDAS), a novel spherical fuzzy EDAS (SF-EDAS) method is built for dealing with MAGDM. Moreover, when the attribute weights are completely unknown, the MEthod based on the Removal Effects of Criteria (MEREC) is extended to spherical fuzzy environment (SFE) to reasonably acquire the attribute weights. Finally, SF-EDAS approach is used for English classroom teaching quality evaluation to prove practicability of the developed method and compare SF-EDAS method with existing methods to further demonstrate its legitimacy and superiority.

Some Features of Potassium Migration in the Agro-Landscape

Relevance. The problem of the influence of land use methods on the loss of potassium by soils, one of the main elements in the triad of plant nutrition, is considered.Methods. The studies were carried out in 1996–2020 on the basis of monitoring the potassium content in the soils of the Gubino VNIIMZ agro-polygon located within the limits of a finite moraine hill. The monitoring was carried out on an agro-ecological transect — an industrial array that crosses the main landscape positions of the hill and consists of 10 parallel fields, each of which has an individual history. Potassium was determined in each field at 30 sampling points located 40 m apart, which made it possible to assess the impact of natural and anthropogenic conditions on it. Correlation coefficients and regression models of the dependence of potassium losses on the totality of anthropogenic factors in various microlandscapes were calculated.Results. It is established that the nature of potassium migration depends on time, the characteristics of the natural conditions of the field and the history of its use. In the mode of extensive cultivation of crops, its content in soils is significantly reduced. Within the agricultural landscape, the spatial dynamics of losses is influenced by the diversity of natural conditions, while the nature of the history of fields affects migration flows only in certain parts of it. The features of the agricultural landscape that intensify potassium losses are a light granulometric composition and the dominance of eluvial processes. In transit and accumulative geocomplexes, potassium losses are lower. Based on the regularities obtained, it is possible to develop measures for the adaptive placement of land and crops, which makes it possible to minimize the loss of potassium.

Three-Dimensional Mass Transfer Modeling of Hydroquinone Adsorption on Phragmites australis Biochar.

In this work, the overall adsorption kinetic process of hydroquinone on Phragmites australis biochar (PAC) was analyzed in depth. A 3D mass transfer model of pore volume and surface diffusion was established, and the diffusion mechanism was analyzed. The characterization results show PAC has a higher porosity value, which is conducive to the adsorption of hydroquinone. The adsorption process modeling results show that the combined effect of pore volume diffusion and surface diffusion promotes the total diffusion process of hydroquinone in the PAC particles, and the two mechanisms of pore volume and surface diffusion exist simultaneously. Under the different operating concentrations, the range of surface diffusion coefficient Ds is 2.5 × 10-10-1.74 × 10-9 cm2/s, and the contribution rate of surface diffusion SDCP% is close to 100%, which is much larger than pore volume diffusion, revealing that regardless of the contact time and position, surface diffusion occupies the main position in intraparticle diffusion.

What difference does Foucault’s discourse analysis make? Why discourse analysis needs to be based on the concepts of historical epistemology

Michel Foucault’s neostructural discourse analysis was developed in the context of the socalled »historical epistemology« (or »French epistemology«). The argument of this contribution is that discourse analysis needs to be based on the core concepts of historical epistemology. These can be conceived of as methodological concepts for Foucault’s discourse analysis. The main concepts as epistemological break, epistemological obstacle and phenomenotechnology are introduced and related to discourse analysis. One consequence is the need of a specific form of hermeneutics, which has to be different from subjectivist and phenomenological forms of interpretation is emphasized. Also, the critique against historical epistemology in France articulated by Bruno Latour as well as the defense of historical epistemology as formulated by Mary Tiles and Pierre Bourdieu is presented. The need for self-objectivation and self-reflection of discourse analysis as method and practice is introduced. The article concludes that, so far, outside of France the main methodological positions of Foucault’s discourse analysis have not been successfully established.

Predicting irreducible water saturation of unconventional reservoirs by using NMR T2 spectra: Methods of morphological division and fractal models

AbstractIrreducible water saturation restricts an efficient petroleum drainage in unconventional reservoirs. T2 cutoff value identification by using NMR T2 spectrum is the key to clarifying irreducible water saturation. In this paper, saturation and centrifugal T2 spectra of sandstone and coal samples were carried out to calculate T2 cutoff value, with methods of single fractal dimension, multi‐fractal dimension, and spectrum morphological discrimination; In addition, the applicability of these three methods in characterizing T2 cutoff was discussed. The parameters related to T2 cutoff can be divided into two types: (1) The first type is morphological parameters including main peak position ™ and smaller pore volume percentage (SPVP); with an increase of T2 cutoff, TM increases linearly and SPVP decreases exponentially, and the correlation between SPVP and T2 cutoff is stronger than that of TM; (2) Second type is fractal parameters of D2 (larger pore), D−10‐ D10 and D−10/D10; with the increase of T2 cutoff, all single and multi‐fractal dimensions increase linearly, and correlation between D2 and T2 cutoff is stronger than that of multi‐fractal dimension. When calculating the T2cutoff of samples with developed macro‐pores, spectrum morphological methods should be preferentially used, while the fractal dimension discrimination methods need to be used for T2cutoff of samples with developed micro‐pores.

Principle of publicity in the doctrine and legislation of civil proceedings

The article is devoted to the problem of the content of the principle of publicity of judicial proceedings in civil cases in the Russian procedural legislation and in the works of leading procedural scientists. Covering the period from the middle of the XIX century to the present, the author reveals the prerequisites for the normative consolidation of the principle of publicity, the evolution of the content of this principle in the legislation of the pre-revolutionary, Soviet and modern periods, as well as the assessments and views of domestic scientists regarding the meaning and essence of publicity in civil proceedings. It is concluded that there are two main positions in the doctrine of civil procedure on the issue of the content of publicity: the first position considers publicity exclusively for an indefinite circle of persons not related to the process as a component of their right to collect and receive information about justice. The second position considers publicity in two aspects: both publicity for the public and for the participants in the process. The author considers it expedient to extend the content of publicity to the participants in the process, since they also need the means and guarantees of obtaining complete and reliable information on the case under consideration for timely and effective protection of violated rights. The relevance of the issue is due to the fundamental nature of publicity of judicial proceedings for justice in general and for civil procedure in particular.

The Concept of Civilization in Modern Studies of the Neolithic in China and Japan

This paper presents a brief overview of studies exploring the origin of civilizations in modern archaeology of China and Japan and mostly concerning the Neolithic period. The analysis of publications shows that in Chinese and Japanese archaeology, original scholarly traditions have been developed, with their own methodological foundations and terminology. We outline the key ideas relating to the origin of civilization, elaborated by researches in China (Su Bingqi, Yan Wenming, Li Boqian, Xu Hong, Gao Jiangtao) and Japan (Harunari Hideji, Watanabe Hiroshi, Sasaki Fujio, Yasuda Yoshinori). We show that most Chinese scholars consider the formation of state a sine qua non of transition to the civilization stage. However, the problem of identifying criteria of civilization and state formation using archaeological data has not been resolved to date. Examples of archaeological markers of civilization proposed by Chinese specialists are listed. In the works by Japanese researchers, no connection between the emergence of the state and civilization has been revealed. Most Chinese archaeologists date the emergence of civilization and of the fi rst state formations to the Late Neolithic (Dawenkou, Hongshan, Liangzhu, Longshan, etc.), ca 3500–2000 BC. There are alternative hypotheses—the Early Bronze Age (Erlitou culture) and the Late Bronze Age (the Spring and Autumn period). In Japanese archaeology, there are two main positions regarding the time when civilization had formed—the Jōmon period (Neolithic) and the subsequent Yayoi period (Bronze Age). Scholarly and external (including political) factors that have infl uenced modern concepts of the origin of civilization require special historiographic research.

The West in Russian Discourses of Sovereignty During the 2014 Ukraine Crisis: Between ‘Compatriot Protection’ and ‘Non-Interference’

The study challenges the conventional wisdom that Russia’s approach to state sovereignty is inconsistent and contradictory. It closely examines official statements alongside debates on the 2014 Ukraine crisis in the Russian State Duma, tracing the way two seemingly divergent notions—sovereignty as non-interference and sovereignty as responsibility towards a broader ethnic/civic community—are constituted in Russia’s wider political elite discourse. It argues that there is more commonality than divergence between the two main discursive positions as both are made possible by radical anti-Westernism, which was remarkably consistent throughout the different stages of the 2014 Ukraine conflict.

Positioning of pivot points in quadrupedal locomotion: limbs global dynamics in four different dog breeds.

Dogs (Canis familiaris) prefer the walk at lower speeds and the more economical trot at speeds ranging from 0.5 Fr up to 3 Fr. Important works have helped to understand these gaits at the levels of the center of mass, joint mechanics, and muscular control. However, less is known about the global dynamics for limbs and if these are gait or breed-specific. For walk and trot, we analyzed dogs' global dynamics, based on motion capture and single leg kinetic data, recorded from treadmill locomotion of French Bulldog (N = 4), Whippet (N = 5), Malinois (N = 4), and Beagle (N = 5). Dogs' pelvic and thoracic axial leg functions combined compliance with leg lengthening. Thoracic limbs were stiffer than the pelvic limbs and absorbed energy in the scapulothoracic joint. Dogs' ground reaction forces (GRF) formed two virtual pivot points (VPP) during walk and trot each. One emerged for the thoracic (fore) limbs (VPPTL) and is roughly located above and caudally to the scapulothoracic joint. The second is located roughly above and cranially to the hip joint (VPPPL). The positions of VPPs and the patterns of the limbs' axial and tangential projections of the GRF were gaits but not always breeds-related. When they existed, breed-related changes were mainly exposed by the French Bulldog. During trot, positions of the VPPs tended to be closer to the hip joint or the scapulothoracic joint, and variability between and within breeds lessened compared to walk. In some dogs, VPPPL was located below the pelvis during trot. Further analyses revealed that leg length and not breed may better explain differences in the vertical position of VPPTL or the horizontal position of VPPPL. The vertical position of VPPPL was only influenced by gait, while the horizontal position of VPPTL was not breed or gait-related. Accordingly, torque profiles in the scapulothoracic joint were likely between breeds while hip torque profiles were size-related. In dogs, gait and leg length are likely the main VPPs positions' predictors. Thus, variations of VPP positions may follow a reduction of limb work. Stability issues need to be addressed in further studies.