Principle Of Dualism Research Articles

Взаимосвязь принципа дуализма и правоотношений в субинституте российского авторского права

This article examines the relationship between legal relations and the principle of dualism in Russian copyright law. In the course of the research the author draws conclusions about the relationship between the principle of dualism and the evaluative categories of its objects, which act as causal reasons in the separation of property and non-property legal relations as components of copyright. The author gives an example of the difference between the monistic system of German copyright law and the requirements to the protectability of the copyright object under Russian law in the context of consideration of primary and secondary legal relations.

The Parliamentary Majority in Contrast to the Opposition

Legislative body Parliament through its representatives plays the decisive role in the democratic development of the rule of law. In order to establish a constructive line leading to a constitutional democracy, the Parliament was made up of two electoral cores, the parliamentary majority, those under the auspices of the government, those who exercise power and the opposition, minorities from an electoral point of view but who have critical dialogue and sanctioning acts that do not target the interest of the voter. Thus, the binomial opposition/parliamentary majority has always been based on the principle of dualism, in which the one who makes a mistake is corrected in the issue of governance. The two cores can also be viewed as an effective contrast that through democratic means participates in the governance of the rule of law.

Współpraca samorządu terytorialnego z organami administracji rządowej w zakresie realizacji inwestycji drogowych

With Poland's accession to the European Union in 2004, the visible institutional and legal differences between our country and Western Europe began to blur. The establishment of the European Administrative Space, as a general model of public administration aiming at similar or common administrative solutions, influenced the development of public administration and its organisational structures. In Poland, as in most European countries, the system of local government is based on the principle of dualism, i.e.: some local tasks are performed directly by the government administration subordinated to the relevant ministers, while the remaining tasks are performed by the local government representing the interests of a particular local community. The aim of the article is to discuss the issue of mutual cooperation between the government administration with representatives of local governments on the example of realization of investments. The aim of the article is to discuss the issue of mutual cooperation of the government administration with the representatives of local self-governments, on the example of implementation of investments of international and national importance, such as key linear road investments planned to be carried out, which run through the territory of Poland and to present the conflicts of interests of the local society with the global benefits of the state, which are often fundamentally different and not always properly understood. The intensive development of road transport infrastructure currently taking place in Poland, with the participation of EU policy, has a significant impact on the economic development of micro-regions managed by local self-governments.

ДІАГНОСТИКА ЕФЕКТИВНОСТІ ІННОВАЦІЙНОЇ ДІЯЛЬНОСТІ ПІДПРИЄМНИЦЬКИХ СТРУКТУР В УМОВАХ ЗАПРОВАДЖЕННЯ ПОЛІТИКИ АНТИКРИЗОВОГО МЕНЕДЖМЕНТУ

The author's approach to diagnostics of innovative activity effectiveness of business structures at the implementation of anti-crisis management policy conditions is offered in the article. The main approaches to the sequence of assessment of the innovative activity effectiveness of business structures are summarized and the key aspects that reveal the modern methodological tools of this process are identified. The author's vision of the stages of diagnostics of innovative activity effectiveness of business structures at the implementation of anti-crisis management policy conditions (1) methodological support of the diagnostic process; 2) information support; 3) development of a comprehensive integrated indicator; 4) the assessment process; 5) development of anti-crisis measures) is formed. The main methodological approaches to the selection of the components of the systems for assessment of the innovative activity effectiveness of business structures are systematized and the following are distinguished: functional approach, modified-functional, resource, resource-functional and other approach. The basic requirements which the system of indicators of the innovative activity effectiveness of business structures should satisfy are defined. It is proposed to build a system of indicators on the principle of dualism and to distinguish two parts: general and special. It is proved that the indicators of the general part should be based on the basic principles of anti-crisis management and priorities of inclusive economic development and be divided into social, economic, environmental, scientific, technical and organizational blocks. Indicators of the special part are aimed at diagnosing specific industry and structural features of business structures. Based on the proposed system of indicators, it is advisable to form a comprehensive integrated indicator that will determine the level of the innovative activity effectiveness of business structures (low, medium, high) and develop a set of anti-crisis measures to improve it and meet the main priorities of inclusive economic development and social responsibility of innovators.

Accounting among the Natural Sciences

This paper develops research in order to clarify whether accounting theory belongs to the natural sciences. Three features characterizing these sciences are identified and evaluated. These are the relationships of accounting theory with respect to the fundamental laws of nature, the possible existence of necessary constants, and the abstractness of the categories introduced, which requires the use of mathematics. Studies have shown that these characteristics are fully visible. The second principle of thermodynamics has shown its significant influence leading to the indication of the existence of a constant quantity, necessary in capital accounts. It also turned out to be the basis of the original method of calculating the depreciation of assets. The principle of dualism, fundamental for accounting, revealed that it is, among other things, equivalent to the first principle of thermodynamics. And the principle of minimum action has always stimulated the development of cost accounting and management accounting. The practical significance of the research presented in the second part of the article consists in revealing of the economic constant. This constant determines the actions of nature in economic processes. As a result of the research, the knowledge of the possibilities of the accounting system is being expanded, in particular by incorporating the measurement of human capital of employees and opening the way to financial reporting in this area.

Characteristics of the Characters in the Early Novels by Ivan Olbracht - focus on The Strange Friendship of Jesenius the Actor

20세기 초 체코문학에서 가장 대표적인 산문작가로 손꼽히는 이반 올브라흐트는 심리 소설, 의적 소설 등 체코문학에서 흔하지 않은 장르들을 시도하며 명성을 구가한 작가이다. 특히 초기 작품들에서 등장인물을 작품 구조의 가장 중요한 요소로 삼고 이야기를 전개시키는 경우가 많기 때문에 인물들에 대한 분석은 그의 작품 전체를 이해하는 데 중요한 방법이라고 사료된다. 이 작품 『배우 예세니우스의 이상한 우정』은 특히 올브라흐트 작품들의 등장인물에서 보이는 전형적인 특성들이 잘 나타나는 장편소설이다. 그는 인물들의 이름을 제목에서 노출시켜 독자들의 흥미를 자극하는데 인물들의 이름은 그의 작품에서 중요한 의미를 담고 있어 이름에서부터 인물들의 성격이나 인물을 중심으로 한 플롯 등을 상상하게 한다. 특히 인물들의 내면적인 생각, 사고의 흐름 등은 매우 제한적이며 인물을 나타내는데 있어 옷차림, 생김새 등의 외모에 중심을 두고 한 인물을 표현한다. 여성들은 대부분 매우 어리고 아름다운 여성들이 등장하는데 남성들의 사랑이나 애증의 대상이고 남성 중심의 스토리에서 조연적인 역할을 한다. 또한 그들에 대한 여러 이야기나 그들의 생각 혹은 의사 등은 다른 사람들에 의해 전달되거나 서신 등 간접적인 경로에 의해 표현된다. 이 작품에서 가장 중요한 특성은 작품 전체에서 두 인물의 대조를 통한 전개가 이루어진다는 것이다. 이런 이원성을 이용한 점은 올브라흐트의 작품 초창기에 두드러지게 나타나는 특징이다. 두 인물은 이름에서부터 생각이나 행동 등 모든 면에서 상이하지만 점차 서로에게 의지하며 우정을 쌓아간다. 하지만 이런 우정도 여인을 중심으로 한 애증과 여성을 대하는 태도 등으로 갈등을 일으킨다. 이런 대조는 연극을 포함한 예술에 대한 태도에 이르기까지 모두 대조적이다. 이 작품을 통해서 올브라흐트가 어떻게 등장인물들을 만들어내고 이들을 이용해 어떤 방식으로 작품을 이끌어 가는지 그리고 이런 인물들을 통해 그가 나타내는 여러 요소들을 파악하는 것은 그의 초기 작품들의 전체적인 특성을 파악할 수 있다는 점에서 가치가 있다고 본다.Ivan Olbracht was one of the best known prose writers in the 20th century and he tried various literary genres, such as the psychological novel or the prose of outlaw legends, which were not so common in the Czech literature. In his work, the main role is often played by a person who is related to the structure of the entire work. The novel The Strange Friendship of Jesenius the Actor was written in 1919, and it completes the first phase of the Olbracht s literary development. The novel takes place before and during the First World War in the theatre environment. What concerns the characteristics of the characters, Olbracht very carefully created the names of the persons, to express the meaning of a certain concept of some thoughts, and in connection with that Olbracht often gives the names of the persons in the title to increase interest of readers at his work. Furthermore, the author does not express inner thoughts or stream of consciousness of characters, but rather the external aspects of the person such as how he looks, what he wears, how he acts, etc. Even the narrator does not look into the heart of the main character Veselý, we can get his views on society, war and art only from his direct statements. The main characters of this work are built on the principle of dualism from different perspectives. They are Jiří Jesenius, who performs in the National Theatre, and in whom we can see a balanced and morally dedicated person. Jan Veselý is on the contrary a type of unconscious rogue, the passionate man, who is an improviser in the art and complete subjectivist. The title character Jesenius is built in contrast to Veselý by their appearance, manner of work and understanding of art and war. This work contains the typical characteristics of the persons by Ivan Olbracht. Therefore, when we analyze the characteristics of the characters of his work, we could get to know Olbracht s methodology of the structure of the prosaic works in the early pieces.

New directions in public law in the Commonwealth Caribbean – some reflections

This article critically assesses how some public law principles, including the doctrine of legitimate expectations, are applied in the Commonwealth Caribbean. It proceeds to discuss the impact of international law on public law and to note that, through the implementation of unincorporated treaties into domestic law, the principle of dualism is increasingly losing its significance and protective effect. The consequence of this is that Governments will continue to want more opt outs and will be more cautious about signing treaties which they are not ready to implement.

La réforme des institutions centrales. Quelques jalons

« In this article the author envisages and studies the reform of the Senate, of the House of Commons and of the Supreme Court of Canada ; the function of the Governor General is also considered. A suggestion is made for introducing a system of mitigated proportional representation in the House of Commons, as proposed by the Pepin-Robarts report of January 1979. The authors analyses the advantages and disadvantages of an elected Senate, of a Senate whose members are appointed by the federal government or by the federal and provincial governments, of a second House which would constitute a House of the Provinces ; the author is aganist an equal representation of the provinces in the Senate. Professor Beaudoin favours a specialized constitutional Court of Canada, although he considers that such a reform is very unlikely to happen ; however, he adds that in any case, the Supreme Court is de facto a constitutional court to a certain extent. He recommends that the principle of dualism be more visible. Finally, the author describes how the function of Governor General has evolved since 1926, and outlines the role that the Governor General may play in normal and anormal times. »

The Human Rights Act 1998 and constitutional principles

The article assesses the interaction between the United Kingdom's traditional constitutional principles and the innovative Human Rights Act 1998, which introduces a range of substantive, constitutional values through ‘Convention rights. These values are compatible with collective as well as individual interests, and the scheme of the Act accommodates existing constitutional principles. The Act should therefore generate evolutionary rather than revolutionary change. The limited measure of judicial review of primary legislation should not threaten parliamentary sovereignty. In its technical detail the Act represents a small step beyond the principle of dualism of national and international law, subtly affecting national sovereignty and influencing the research agenda of legal practitioners and academics. The main constitutional effect of the Act, however, will be to bolster Rule of Law principles, with new remedies focusing attention on the notion of equality before the law and putting the conceptual distinction between public and private law under increasing pressure.

Perspective as applied in Early Greek Art

Among the earliest drawings on Greek vases it is not rare to find a lion, for example, or a bird with apparently two bodies and only one head between them, as in Figs. 1–2. (Pl. XV.) After a long interval a similar rendering of animal form occurs no less frequently in Roman work, as in the sphinx, Fig. 4. So long as this curious proceeding in the art of design was thought to be the outcome of fancy, no explanation of it was sought for. Curtius, however, had found from many observations, that Assyrian, Phoenician, and early Greek designs, were largely influenced by a principle of dualism, displaying itself mostly in devices which consist of a group of two animals confronted, the one responding strictly to the other in form and action, much as the impression of a seal responds to the seal itself. In early times when seals were employed to an extent hardly to be realized now, it may seem to have been easy and natural for an engraver or other designer to have observed and utilised the peculiarly decorative effect obtained from the contrast of a seal with its impression.