Modern Theory Research Articles

Logical bases of pre-trial investigation planning

The article reflects on the nature of pre-trial investigation planning, taking into account established views on the forensic version as the only logical basis for this process. The author notes that within the framework of modern criminalistics theory, the forensic version is almost unanimously regarded as the logical basis for investigation planning. A forensic version is an assumption, a hypothesis about certain facts or a group of facts that are relevant to criminal proceedings. However, during the preliminary investigation there is often a lack of information or no information at all. In order to obtain further information, investigative measures have to be planned. Therefore, it does not fully correspond to modern achievements in criminalistics to consider the version as the only logical basis for planning the preliminary investigation. In the traditional sense, the concept of a forensic version often complicates and/or makes it impossible to carry out effective planning due to the absence or contradiction of initial data. Finally, an attempt is made to substantiate other logical foundations of investigation planning, in particular tactical tasks and criminalistics search models. The article contains a schematic presentation of the peculiarities of the pre-trial investigation planning process when using different logical bases. It is also argued that the version is a universal means of cognition and is present in the planning of an investigation using both tactical tasks and the search model. This approach provides the investigator with more opportunities to form a system of measures in a particular criminal case, which increases the efficiency of pre-trial investigation planning and helps to save investigative efforts and resources. The proposals presented in this article do not claim to be safe and are an invitation to experts to discuss them.

The Application of the Capital Asset Pricing Model (CAPM) in the Field of Asset Management

The Capital Asset Pricing Model (CAPM) has been a cornerstone of modern finance theory since its introduction by William Sharpe in the 1960s. This research article explores the application of the CAPM in the field of asset management. Besides, the CAPM provides a framework for understanding the relationship between risk and return, aiding asset managers in making informed investment decisions. This article discusses the key components of the CAPM, its limitations, and its practical implications in portfolio construction, risk assessment, and performance evaluation. Through an analysis of empirical studies, it becomes evident that while the CAPM serves as a valuable tool in asset management, its assumptions and constraints must be carefully considered. As the financial landscape continues to evolve, the CAPM remains relevant in guiding asset management strategies.

Development of an Isoline Modeling Method for Extended Small Celestial Objects

This article presents a method for modeling extended small celestial (ESC) objects, which are mainly cometary systems. Special attention was given to the possibility of analyzing their structure and physical properties in line with the modern theories of the Solar System’s formation suggesting a rather complicated evolutionary dynamics. Modeling and investigating the structure of different extended celestial objects advance our understanding of the general evolutionary processes that have taken place in the Solar System because all its objects are evolutionarily related. The isoline modeling (IM) method was tested on the real comet data and proved effective in assessing the activity of the processes that occur as ESC objects move in space. The IM method is particularly useful for studying long-period comets that, in many cases, cross the perihelion only once within a foreseeable period of human existence.

Translation of knowledge and scientific criteria: concepts of the modern theory of military law

The subject of the work is a theoretical and legal study of the essence of the modern theory of Military Law based on the analysis of the premises formed in this field of knowledge and the study of some breakthrough developments conceptualized recently. The authors state and substantiate the thesis that today the study of Military Law as a field of knowledge in the light of the need to ensure military security with the development of trends in the restructuring of the global legal order and the emergence of new challenges and threats is becoming increasingly in demand. Purpose. Generalization of modern essential aspects and theoretical constructs of Military Law in the modern scientific picture of the world. Methods. The study was carried out on the basis and with the help of the application of systemic and axiological approaches, as well as methods of analogy, generalization, analysis, concretization and formal legal research. It is also worth noting the formal legal method used by the authors in the work, which made it possible to get to know the systems of Military Law and military legislation as widely as possible. Conclusions. The prerequisites for the conceptualization of Military Law as a branch of legal science have been observed in social and humanitarian knowledge for a long time, this is clearly evidenced by theoretical and practical developments by major domestic experts. Military Law today as a coherent scientific theory, provides a legal and scientific response to modern challenges and threats to the country’s military security. This was creatively taken into account and interpreted in the present study. Within the framework of a theoretical study, an analytical and synthetic knowledge of the characteristics of the modern concept of military law that have developed in science is carried out, it is noted that in terms of its essential and value-semantic core, functions and method, it fully meets the criteria of scientific character and accumulates theoretical generalizations about it as a branch of law. The resultant author’s generalization carried out is an important step in concretizing the theoretical and legal foundations for the formation and improvement of Military Law as a science and academic discipline.

Observation of a Higher-Order End Topological Insulator in a Real Projective Lattice.

The modern theory of quantized polarization has recently extended from 1D dipole moment to multipole moment, leading to the development from conventional topological insulators (TIs) to higher-order TIs, i.e., from the bulk polarization as primary topological index, to the fractional corner charge as secondary topological index. The authors here extend this development by theoretically discovering a higher-order end TI (HOETI) in a real projective lattice and experimentally verifying the prediction using topolectric circuits. A HOETI realizes a dipole-symmetry-protected phase in a higher-dimensional space (conventionally in one dimension), which manifests as 0D topologically protected end states and a fractional end charge. The discovered bulk-end correspondence reveals that the fractional end charge, which is proportional to the bulk topological invariant, can serve as a generic bulk probe of higher-order topology. The authors identify the HOETI experimentally by the presence of localized end states and a fractional end charge. The results demonstrate the existence of fractional charges in non-Euclidean manifolds and open new avenues for understanding the interplay between topological obstructions in real and momentum space.

Understanding polyploid establishment: temporary persistence or stable coexistence?

Polyploidy, resulting from whole‐genome duplication (WGD), is ubiquitous in nature and reportedly associated with extreme environments and biological invasions. However, WGD usually comes with great costs, raising questions about the establishment chance of newly formed polyploids. The surprisingly high number of polyploid and mixed‐ploidy species observed in nature may be a consequence of their continuous emergence or may reflect stable polyploid persistence and even coexistence with the ancestral ploidy under certain circumstances. However, empirical studies on contemporary polyploid establishment often neglect the cost–benefit balances of polyploid characteristics, tradeoffs between phenotypic characteristics, intercytotype interactions, recurrent polyploid formation, and stochastic processes. Here, we advocate for considering population‐level success, combining the aforementioned factors that affect polyploid establishment and long‐term coexistence with their ancestors. We approach the paradox of polyploid establishment despite high costs from a modern coexistence theory perspective and give an overview of the diversity of mechanisms and their timing that may potentially enable stable rather than transient persistence.

Reliability of interview-based ADL ability measures in older adults obtained by occupational therapists, physical therapists, and nursing staff

Purpose: To examine the reliability of ADL interview (ADL-I) ability measures when administered by different health professionals (HPs). Materials and methods: Older adults with stable ADL ability were invited to participate in three ADL-I interviews, administered by occupational therapists (OTs), physical therapists (PTs), and nursing staff (NS), respectively. Methods based on classic and modern test theory were applied. Results: Overall, n = 36 older adults and n = 11 HPs participated. Intraclass Correlation Coefficients were acceptable for research purposes (> 0.7), but not for clinical use. Mean differences in ADL ability measures were significant when comparing measures based on interviews by OTs to measures based on interviews by PTs and NS. Further, in 25 to 47% of the individuals, ADL-I ability measures differed significantly across HPs. Limits of Agreement revealed that measures based on interviews by OTs were systematically lower compared to measures based on interviews by PTs and NS. Four ADL-I items displayed Differential Item Functioning based on HP. Conclusion: When using the ADL-I, it is recommended to only involve one profession, to increase the reliability of measures. Results highlight the importance of evaluating reliability of measures based on instruments administered across HPs before implementation in rehabilitation practice and research.

Determining Compressed Concrete Element Limit States Based on the Widths and Depths of Cracks Caused by Transverse Deformations.

In the modern theory of compressed concrete elements, the most attention is paid to longitudinal deformations, whereas transverse ones are rarely considered and just within Poisson's coefficient limits (i.e., elastic concrete behavior in the transverse direction). However, transverse deformations significantly develop beyond the limits corresponding to Poisson's coefficient, where they lead to longitudinal crack initiation and development. In-depth experimental and numerical investigations of transverse deformations in the inelastic stage showed that it is necessary to consider crack propagation. The present study proposes simultaneous consideration of longitudinal and transverse deformations, as well as the appearance of cracks and their widths and depths. This allowed us to obtain a complete compressed concrete element behavior pattern at all performance stages in two types of limit states (based on longitudinal and transverse deformations). Consequently, new ultimate limit states by the depth and width of cracks caused by transverse deformations are proposed to be included in modern design practices and codes.

Nonzero spontaneous electric polarization in metals: novel predictive methods and applications

Ferroelectricity in metals has advanced since the initial discovery of nonmagnetic ferroelectric-like metal LiOsO_3, anchored in the Anderson and Blount prediction. However, evaluating the spontaneous electric polarization (SEP) of this metal has been hindered by experimental and theoretical obstacles. The experimental challenge arises from difficulties in switching polarization using an external electric field, while the theoretical limitation lies in existing methods applicable only to nonmetals. Zabalo and Stengel (Phys Rev Lett 126:127601, 2021, https://doi.org/10.1103/PhysRevLett.126.127601) addressed the experimental obstacle by proposing flexoelectricity as an alternative for practical polarization switching in LiOsO_3, which requires a critical bending radius similar to BaTiO_3. In this study, we focus on resolving the theoretical obstacle by modifying the Berry phase and Wannier functions approaches within density functional theory plus modern theory of polarization. By employing these modifications, we calculate the SEP of LiOsO_3, comparable to the polarization of BaTiO_3. We validate our predictions using various ways. This study confirms the coexistence of ferroelectricity and metallicity in this new class of ferroelectric-like metals. Moreover, by addressing the theoretical limitation and providing new insights into polarization properties, our study complements the experimental flexoelectricity proposal and opens avenues for further exploration and manipulation of polarization characteristics. The developed approaches, incorporating modified Berry phase and Wannier function techniques, offer promising opportunities for studying and designing novel materials, including bio- and nano-ferroelectric-like metals. This study contributes to the advancement of ferroelectricity in metals and provides a foundation for future research in this exciting field.

Hooligan motivation as a means of differentiation of criminal responsibility

In modern criminal law theory, there is no consensus on the optimal and necessary number of means of differentiating of criminal responsibility. Therefore, lists of types of qualifying signs and circumstances aggravating punishment are still in the process of being formed. Hooligan motives are fairly common motive for committing a crime, but so far it has not been considered as one of the aggravating circumstances, which creates conditions for deviation from the principle of justice when imposing punishment for a committed crime. The purpose of the study is to substantiate the recognition of a crime committed from hooligan motives as an aggravating circumstance. The recognition of a hooligan motive as an aggravating circumstance will allow systematizing its use as both a qualifying feature of certain elements of crimes and a circumstance, the establishment of which implies an increase in the severity of the chosen measures of criminal responsibility. This will contribute to the issuance of fair judicial decisions. It is proved that any crime committed out of hooligan motives is characterized by an increased degree of public danger. If the corpus delicti does not include hooligan motives as a qualifying feature, then this motive should be taken into account when sentencing. The results of the study can be used for research in the field of means of differentiation and individualization of criminal liability. The rationale presented in the work can be taken into account when preparing a draft law on supplementing Art. 63 of the Criminal Code of Russia (hereinafter referred to as the Criminal Code) is another aggravating circumstance.

Economy, management and business law: Introductory note

"Economy, management and business law" is a publication that aims to contribute to the improvement of knowledge in the fields of economics and management as well as in disciplines directly related to development, adopting a variety of quantitative and/or qualitative methodologies at both theoretical and empirical levels. Our policy is to promote scientific work that will lead to significant advances in modern theories. It favors articles that provide sufficient insight into concrete aspects of economic life at microeconomic, macroeconomic and mesoeconomic levels. Authors are invited to compare the results of their studies with their initial hypotheses, within a framework of approaches that align theoretical advances with the realities of the modern economy. The current challenges facing the global economy are becoming increasingly frustrating: frequent crises, significant imbalances between countries in the North and South, profound inequalities between rich and poor within the same country. As a result, the economic policies proposed by the World Bank, the International Monetary Fund and other economic bodies advocate a single trajectory: economic neoliberalism for greater wealth creation. Can this logic be considered the only way out, especially for less advanced countries?

Unlyric: The Lute-Object in Early Modern English Poetry

ABSTRACT Considering that early modern poetic theory retains the classical genealogies and iconographies of lyric poetry as song to the accompaniment of a lyre, how can one account for lyrics which portray the poet’s stringed instrument, frequently the lute, as antithetical to his or her poetic aspirations, as a recalcitrant tool that resists the poet’s desires and thus engenders a lyric crisis? This article uses object-oriented ontology (OOO) to think through the lyric poet’s relationship with the lute which, fractured between real object and its sensual qualities, withdraws its essential being from access yet involves the poet in a network of sensual and essentially aesthetic bonds with the instrument. By reading several early modern riddles, sonnets, and other lyrics about deviant lutes as encounters between human and nonhuman objects, the article traces the poetics of unlyric — a form of poetry that disentangles poiesis from musical subjectivity and harmony, articulating instead a vision of lyric as fraught negotiations between entities whose forces lie beyond the powers of human art.

Административное усмотрение в системе обеспечения государственного суверенитета: функциональный анализ

Discretionary powers of the law enforcement system in general and state security bodies in particular is a deep problematic layer of modern human rights theory. Analysis of administrative discretion of executive authorities in the functional-legal context is required in order to be able to assess the discretionary activity of these bodies in general and as a whole, and not in any part. Regulatory and protective function of administrative law play an important role in the system of ensuring state sovereignty. However, sovereignty must be preserved both in normal (normal, everyday, ordinary) and extraordinary (special, special, extraordinary) conditions. In the first case, there are no threats to statehood, and sovereignty is maintained by sub-functions of the regulatory function. In the second case, there are already some appropriate extraordinary circumstances (military conflicts, rebellions against the government, natural disasters, etc.), for the elimination of which both functions under discussion are involved, but above all - the protective function. Administrative discretion in ensuring state sovereignty is mainly present in the framework of the protective function, it is realised in ensuring state sovereignty only when there are such extraordinary circumstances that threaten the statehood as such. Modern theory and practice of ensuring state sovereignty usually distinguish two basic approaches to the discretionary powers of executive authorities in emergency conditions. The first of them is based on the norms of Russian law, and the second - on the norms of international law, and for simplicity of the reader's perception we will designate them conventionally as the Russian approach and the international approach. The international approach declares the opposite - in order to neutralise internal and external threats to state sovereignty, the agents of executive power have the right not only to exercise all the powers granted to them by law, but also to significantly exceed them, guided by the ancient maxim «necessitas legem non habit». Freedom of action in relation to the Russian approach is described by the formula «intra legem» (from the Latin «within the law»): in the event of an emergency situation, a competent person can choose only those managerial decisions that are explicitly provided for in a special regulatory legal act. This approach mediates the classical domestic ideas about administrative discretion as a purely legal category. The authors concluded that in the Russian Federation administrative discretion plays a priority role in the system of ensuring state sovereignty. In this regard, in almost any country, the competence and specificity of the activities of special services officers, if not provoking, at least not preventing the commission of certain unlawful acts against citizens in conditions that threaten the existence of the state itself. It is considered to be a very modest «payment» for state security (but in Western countries it is still much larger than in Russia).

An Analytic Account of The Phenomenon of Modernity with Specific Reference To The Way in Which The Acknowledgement of Multiple or Alternative Modernities Impacts The Comprehension of The Phenomenon

The term modernity refers generally to an amalgamation of historically unprecedented practices and institutional forms, organizational and knowledge advances, breaking away from one’s obsolescent predecessors, simultaneously. The European traditions such as Renaissance and Enlightenment are referred to specifically as this breaking point. Some basic features of modernity can be described as- a general stress on the application of rational scientific approach to problems and the pursuit of material and economic well being. Accompanied by the values like, instrumental rationality, objectivity, liberty and equality. The theories of modernity have generally been classified into two broad categories, cultural and acultural. Among these two views of modernity, the acultural view is dominant. This acultural theory and its dominance is the point of contention here, as it views modernity to be a culture neutral phenomenon, which has the same trajectory everywhere. This, the essay shows, is a distorted understanding of the phenomenon of modernity and has quite problematic implications, as the belief that modernity comes from one single universally applicable operation served as the basis and justification for the western colonizers’ practices of domination and cultural homogenization. This essay argues that a) modernity is not something that only the west has been blessed with, rather there are multiple modernities. b) It highlights how an exclusive reliance on the acultural theory deprives us of and unfits for understanding and identifying alternative modernities that are different from and that challenge the dominant western conception of modernity.

Relation between logic of generality and logic of singularity in Andreas Reckwitz’s theory of Modernity

Relation between logic of generality and logic of singularity in Andreas Reckwitz’s theory of Modernity

Феномен политических элит: путь становления в классических и современных теориях, проблемы исследования и перспективы развития

The article examines the process of the emergence and formation of the phenomenon of political elites. Special attention is paid to the problems that stand in the way of elite researchers. Overcoming these problems contributes to a better content filling of the phenomenon under study. The author considers possible prospects for further development of elite studies. The purpose of the article is to study the phenomenon of political elites through the prism of classical and modern theories, as well as to identify key problems and prospects for further development. It is concluded that understanding the actions and degree of influence of political elites on the political system contributes to a deep understanding of the structure of power relations in society.

The modern comic theories in the light of literary translation. Multidisciplinary approach.

The article investigates and systematizes modern theories of comic as a culturally specific phenomenon based on multidisciplinary approach. The comic as an interesting and multifaceted phenomenon has been of interest to researchers since antiquity. However, defining the concept of “comic” and its belonging to a certain scientific discipline still poses certain difficulties for scientists. In the light of modern studies, researchers prefer to study this phenomenon at the intersection of several sciences with the involvement of the theoretical base of such disciplines as linguistics, cultural studies, cognitive studies, pragmatics, etc. The article analyzes and determines the expediency of applying the approach of modern theories in the study of the comic in view of its complexity and cultural conditioning, specifically on the base of literary texts and their translations. It was found that for the most successful study of the mechanisms of emergence and the specifics of the rendering of this phenomenon in literary translation. It is necessary to conduct research at the intersection of translation studies and other disciplines, the object of which is the comic. The article suggests that the results of such interdisciplinary cooperation can become the basis for a more in-depth translational analysis of the comic. Such an analysis makes it possible to cover different levels of research on this phenomenon and to open up new perspectives for the study of the nature of the comic in literary texts and the strategies of its rendering in literary translation. Due to the fact that the difficulties faced by the translator of a literary text when rendering humor are not considered by scientists as a purely linguistic problem, there is a need to consider the comic in literary texts, taking into account the mechanisms of creation of this phenomenon and its cultural specificity. The research contributes to the development of the modern theory of artistic translation, the results of the research can be used in teaching theoretical and practical translation courses.

СОЦІАЛЬНИЙ РИЗИК ПРОЄКТІВ ТРАНСПОРТНОГО СЕКТОРУ У СИСТЕМІ СТАЛОГО РОЗВИТКУ

The article examines the peculiarities of estimating social risks in the system of sustainable development. The theoretical and methodological basis of the study is represented by modern theories, concepts, hypotheses of the concept of sustainable development. Social problems may transform into social risks if disputes associated with social problems cannot be resolved thoroughly and appropriately. The concept of social risk refers to risks that might affect the entire society and lead to social turbulence and social unrest in the form of social tensions and collective conflicts that may further ensue in social confrontations, public protests and even violent conflicts. Social risks can decimate the reputation of projects in transportation, which may include human rights, labor or environmental sustainability. This namely has always been and remains an absolute priority of sustainable development in the post-war period in Ukraine. Therefore, changes in the internal environment will impact the stability of Ukrainian society as well as reduce social risks which overall requires a new research effort. Based on the content analysis, it is proposed to classify the critical elements of social sustainability in transportation projects into two levels: systemic and project level. Thirteen indicators of social risks have been identified based on solving the «Value for Money» alternative. The references of these critical elements pertain to different focuses and areas. Hence, to keep this list concise and focused, proceeding from their definition from the standpoint of social sustainability, these critical elements can be divided into two levels: the project level and the systemic level. The paper presents a conceptual model of the project in the three-dimensional space of sustainable development: economic, social and environmental. The article considers the limitations of management decision-making within the scope of identifying social risks of transportation industry projects. Furthermore, the identified social risk factors may be used to implement effective project management with the purpose of reducing negative social impacts and increase the sustainability of the urban system.

Magnon Hall effect

Hall effect is an ancient but highly potential subfield in condensed matter physics, and its origin can be traced back hundreds of years. In 1879, Hall made a momentous discovery that when a current-carrying conductor is placed in a magnetic field, the Lorentz force pushes its electrons to one side of the conductor. This intriguing phenomenon was dubbed Hall effect. Since then, a series of novel Hall effects have been discovered, including anomalous Hall effect, quantum Hall effect, spin Hall effect, topological Hall effect, and planar Hall effec. Notably, Hall effects play an important role in realizing the information transport, since it can realize the mutual conversion of current in different directions. In bosonic systems such as magnons, a series of magnon Hall effects have been found, jointly driving the development of the magnon-based spintronics. In this perspective, we review the researches of the Hall effect in magnonic system in recent years, and briefly introduce its modern semi-classical theories, including virtual electromagnetic field theory and scattering theory. Furthermore, we introduce the different magnon Hall effects and clarify the physics behind them. Finally, the prospect of magnon Hall effect is discussed.

A class of time-varying differential equations for vibration research and application

<p>As a pivotal branch within the realm of differential equations, the theory of oscillation holds a crucial position in the exploration of natural sciences and the construction of modern control theory frameworks. Despite the extensive research conducted globally, focusing on individual or combined analyses of key elements such as explicit damping terms, positive and negative coefficients, time-varying delays, and nonlinear neutral terms, systematic investigations into the oscillatory behavior of even-order differential equations that concurrently embody these four complex characteristics remain scarce. This paper, by establishing reasonable assumptions, innovatively presents two crucial criteria, aiming to preliminary delve into the oscillation patterns of even-order differential equations under specific complex settings. In the course of the study, a variety of mathematical techniques, such as Riccati transformation, calculus scaling methods, and partial integration, have been utilized by the researchers to perform the necessary derivations and confirmations.</p>