Normative Sources Research Articles

The Form for the Solemnisation of Marriage’s Social and Historical Context

Abstract In this article, the historical and social context of Petrus Dathenus’s Form for the Solemnisation of Marriage at the end of the sixteenth century and the early seventeenth century in the province of Holland is examined, in order to grasp the meaning of this Marriage Form of the Dutch Reformed Church. In order to do so, the Dutch Classical Reformed Form is related to information of primary and secondary sources about matrimony. A discussion of the marriage banns, parental consent, engagement, the wedding location, the views on marriage, husbands and wives’ responsibilities, and divorce, demonstrates that examination of the historical developments and contemporary rules and manners improves our understanding of the Form. Nevertheless, being a liturgical document, the Form did not always represent the social context, but rather interacted with the social context as a normative source.

The procedure for adopting an administrative act as a condition for its legality

Modern trends in the field of domestic public administration, constant updating of the legal framework and its modernization give impetus to the scientific development of the relevant issues. Interestingly, this process is inverse and interrelated. The close connection between theory and practice, law-making and science is an important condition for the effectiveness of any system, including any social one, since the mandatory adherence to the principle of scientificity has always served the stability and effectiveness of the functioning of the public administration system and the state in general, always provided a basis for taking into account historical experience, systematically ensured the productivity and correctness of the analysis of the current state of affairs with the identification of problems and the development of ways to solve them, as well as promptly provided empirical material for forecasting future events.
 The article examines, based on the analysis of doctrinal and normative sources, the procedure for adopting an administrative act as a condition for its legality.
 It is noted that the procedure for the adoption of an administrative act should be understood as the procedure established by law for the adoption (adoption, rendering) of a decision or a legally significant targeted action of an individual nature that has an external impact with the aim of achieving certain legal results for specific subjects – establishing, changing or terminating them rights and obligations.
 On the basis of a generalized analysis of known approaches to distinguishing the stages of adoption (adoption, issuance) of an administrative act, as well as the corresponding provisions of the Law of Ukraine «On Administrative Procedure», a unified model of such a procedure is outlined, which, according to the author, consists of the following stages: 1) initiation of administrative proceedings and initiation of an administrative case; 2) preparation of an administrative case for resolution; 3) investigation of the circumstances of the case and collection of evidence; 4) consideration of an administrative case; 5) adoption of an administrative act; 6) appeal of an administrative act (optional).

Objects of Forensic Evaluation Examination

In this article, there are considered questions of concepts’ correlations like “object of civil rights”, “object of valuation”, “object of legal valuating examination” in the context of valuating and remedial legislation. This is pointed to noncoincidence of a normative regulation in concept definition of “objects” with reference to different fields of financial and procedural law, as well as here is stated an existence of law aspects in content of concept “object of legal valuating examination”. It is the author’s opinion that essential interpretation of the object of legal valuating examination is impossible without perception it as an element of civil circulation. According to exactly this status, the property (property rights) might be the case of value study in the context of judicial proceeding. The purpose of writing this article was a detection of essential characteristics of a concept “an object of forensic evaluative inquery”. In view of that fact, there was an aim to idenyify the normative sources, containing concepts of an object in civil law and legislation on an evaluation practice. This method allowed to identify similar features and distinctions, objectively and systematically uncover understandingof an object to which cognitive activity is oriented during forensic evaluative inquery.

Legal narratives of smart cities: opacity, intelligibility, and compliancy in projects, norms, and futures

The study focuses on narratives and legal components that form the legal imaginary of smart city projects. This imaginary consists of archetypes of Law and Technology called to engage with prototypes of public policies and to (re)build legal stereotypes for smart city projects. After all, smart cities take core normative claims and goals into their code, in both the technological and legal senses of the term. The public storytelling of smart cities and the public policies of Big Data projects in the municipalities of Rio de Janeiro and Montréal are used as case studies, targeting the respective contexts, risks, and legislations. Three axes composed of six variables are applied for the legal analysis in the case studies: opacity (privacy and security), intelligibility (transparency and participation), and compliance (accountability and governance). Such components are central for the contextualization of technological issues of smart cities under a narrative that is more accessible by law, the identification of specific concerns that present social risks to the rule of law, and the justification of measures required by legislation to protect fundamental rights. Brazilian and Canadian legislative references are used as hypothetical exercises on the legal frameworks related to the in-house Big Data projects. Normative sources and elements for further research can be found in each analysis.

Recognition of land ownership as a civil law method of rights protection

The purpose of the article is to analyze theoretical approaches and provisions of legal acts regarding the recognition of land ownership as a civil law method of protecting rights, to identify gaps and contradictions in national legislation and judicial practice that arise during the application of such a method of protection, as well as to develop proposals to the improvement of legislation on certain issues. The methodological basis of the research was the dialectical method of scientific knowledge, the general scientific (formal-logical, methods of analysis and synthesis) and the special-legal method (formal-legal). The scientific novelty lies in the fact that based on the analysis of doctrinal and normative sources, the article reveals gaps and contradictions in national legislation and judicial practice that arise when applying the recognition of property rights as a civil law method of protecting rights, and also develops proposals for improving the legislation from a specific issue. According to the results of the study, it was established that the recognition of the right of ownership is an effective way of civil legal protection of the right to land ownership, which is aimed at eliminating disputes and uncertainty of the content of the rights of the owner of a plot of land, ascertaining the existence of the right of ownership and its renewal, by creating legal opportunities for the realization of rights belonging to the owner land plot of powers. The practical significance of the article lies in the fact that the proposed changes to the civil and civil procedural legislation of Ukraine can be used in law-making activities with the aim of improving the regulatory framework in the field of civil law protection of rights.

Features of personal data protection during using targeting technologies: experience of the European union and Ukraine

Purpose. The purpose of the work is to analyze the features of personal data protection during the use of targeting technologies in Ukraine and in the European Union. Method. The methodology includes a systematic analysis of normative legal acts of national law and a historical review of normative sources regarding the legal regulation of the issue of personal data protection and personal data protection in the Internet environment in the European Union. The following methods of scientific knowledge were used during the research: terminological, logical-semantic, functional, systemic-structural, logical-normative, comparative, etc. The results. The rapid development of information technologies inevitably permeates all spheres of social life and, unfortunately, legal regulation is not always able to properly "keep up" with the emergence of new social relations. The issue of personal data protection in the Internet environment is very acute for Ukraine and requires an immediate legal definition of both the general principles of implementation and the responsibility of information managers for abusing their rights. A demonstrative qualitative example is undoubtedly the regulatory legal acts of the European Union, which should become the basis for transformational changes in domestic legislation in the field of personal data protection on the Internet. Scientific novelty. In the study, the main problematic aspects regarding the process of giving consent to the processing of personal data in the Internet environment and the subsequent use of such data for targeted advertising in Ukraine were formed. The main positive aspects of the legislation of the European Union which can be implemented in the national legislation of Ukraine were identified. Practical significance. The results of the study can be used to determine trends in improving the national legislation of Ukraine in the context of ensuring proper protection of personal data in the Internet environment.

PECULIARITIES OF THE DEVELOPMENT OF THE PROJECT OF PERFORMANCE OF WORKS AT THE STAGE OF ZERO CYCLE DURING THE CONSTRUCTION OF THE SHOPPING AND ENTERTAINMENT CENTER IN ZAPORIZHZHIA

Purpose. Research and evaluation of existing methods and determination of features of development of the project of performance of works, formation of recommendations on designing of the project of performance of works, definition of construction tactics during production of works of zero cycle of construction object, i.e. definition of the most effective and safe ways of performance of complexes of works energy savings. Methodology. An important role in the study is played by the formation of knowledge and skills of modern design and technological approach to solving problems of construction, orientation of organizational and technological processes to achieve end results with reduced time and money, rational composition of machines and mechanisms and mastering the methodology of construction. Findings. The working project for the removal of external sewerage networks at the object New construction of the shopping and entertainment center «Khortitsa Mall» on the street. Speedboat, 8 / street Kryva Bukhta, 2 in the city of Zaporizhia, as well as additional information from foreign and domestic sources was studied, standard projects that have already been implemented in the city of Zaporizhia were analyzed. In the course of the work a technological map for the removal of external sewerage networks was developed, as it is the main document of the project, which includes a set of guidelines for substantiation of rational organizational and technological decisions in compliance with the rules of safety and safety. Originality. On the basis of design and technological documentation, normative base, scientific researches the model of competent systematization of data of development of the project of performance of works with use of scientific and normative sources that helps to systematize and facilitate work on development of the project of production of works is received. Practical value. Application of methods of development of design and technological documentation is one of the main directions of regulation of construction works by the most effective methods, optimum structure of crew, sets of construction cars and mechanisms, providing reduction of terms of construction, reduction of labor intensity, estimated cost and improvement of quality of construction works.

The Normativity of Law in Nature Revisited: Natural Law in Late Hellenistic Thought

In this paper I revisit nature as a source of normativity for law in the later Hellenistic period, that is beyond the opposition of law and nature in the early classical period, Plato’s and Aristotle’s naturalism, or the early Stoics’ conception of the common law. I will focus on the first century BCE, when the expression ‘natural law’ gained prominence, reconstructing its origins in the interaction between Hellenistic philosophers and the Roman elite, including jurists. I argue that for the jurists the Stoic doctrine of law in nature offered a theoretical underpinning for their unique practice of dispute resolution, whereas for the Stoics this Roman practice offered an unexpected opportunity to instrumentalise their conception of law.

Peculiarities of the legal composition of administrative offenses related to corruption

The doctrine of the composition of an administrative offense occupies one of the central places in administrative and legal science and has great practical importance, which is primarily due to the definition of the signs of an illegal act, distinguishing it from other types of offenses and applying appropriate measures of responsibility to guilty persons. It was determined that an administrative offense (misdemeanor) is a legal fact that is formed from normative and factual components, which formally causes the emergence of administrative-delict legal relations that cause the guilty person to be held administratively liable.
 The article examines the peculiarities of the legal composition of administrative offenses related to corruption based on the analysis of doctrinal and normative sources.
 It was determined that the direct object of offenses related to corruption are public relations protected by the sanctions of specific articles of Chapter 13-A of the Code of Criminal Procedure.
 It is emphasized that the absence or non-compliance with the procedural element of a misdemeanor, which consists in proving by the competent bodies of public administration, their officials (officials) the fact of committing an illegal act, enshrined in the relevant procedural documents, nullifies the implementation of the mentioned elements, making it impossible to impose a certain administrative penalty.

The “Four Principles” of Western Medical Bioethics and the Bioethics of Shīʿī Islam in Iran—Is the Claim of Universality by Both Justified?

The four principles of Western medical bioethics, i.e., autonomy, nonmaleficence, beneficence and justice, published by Beauchamps and Childress in their seminal ‘Principles of Biomedical Ethics’, are understood as universal. However, Non-Western governments argue that they refer to Western cultural contexts, neglecting specifics of Non-Western, for instance Islamic, civilizations. This paper addresses the claim of bioethical universality of both the West’s and Iran’s Shīʿī Islamic bioethics. We describe the historical development and the normative sources of Western and Shīʿī bioethics, i.e., common morality, the ontogeny of human morality and Shī’ī Islamic religious foundation. Both concepts support nonmaleficence and justice yet diverge with respect to beneficence, autonomy and normative justification. The Iranian screening program for ß-thalassemia major exemplifies the differences in both concepts. We conclude that nonmaleficence and justice are universal moral rules based on the ontogeny of morality. Beneficence can be characterized as a universal moral ideal. In contrast, autonomy, appreciated in the West, is neither justified by common morality nor the ontogeny of morality and has no equivalent in more communitarian-oriented societies. It thus fails to quality as a universal norm.

Certain Issues of Judicial Evaluation of an Expert’s Opinion

The article deals with local issues of assessing an expert’s opinion: the legality of the subject of initiating a forensic examination and the direct subject of its production. The scope of the Author’s interests, teaching experience and scientific activity make it possible to classify these issues as “latent”, since their non-obviousness is determined both by the established law judicial practice and by the imperfection of the legal regulation of forensic examination in criminal proceedings. Along with the main issues, attention is paid to the genesis of the institution of forensic examination in criminal proceedings, which aims to demonstrate the continuity of its legal regulation, and also to draw attention to the fact that some approaches used by the legislator in the Code of Criminal Procedure of the RSFSR could be preserved in the current criminal procedure law, which would not only prevent the occurrence of a number of issues with the law enforcement officer, but would also serve as an optimization of the production of comprehensive examinations. Evaluation of an expert opinion is a multifaceted intellectual activity that involves the resolution of a complex of procedural and substantive issues. The objects of assessment, along with the expert's opinion, are also procedural documents, which reflect all the actions, the production of which ensured the preparation and appointment of the examination. The list of criteria that the expert opinion must satisfy is standard for all evidence – admissibility, relevance and reliability (part 1 of article 88 of the Criminal Procedure Code of the Russian Federation), but at the same time, the assessment of each of the properties of the evidence “expert’s opinion” should be carried out taking into account the specifics of its formations. At the same time, when evaluating the admissibility of the expert’s opinion, it is necessary to pay attention to data indicating the legality / illegality of the subject of initiating a forensic examination and the direct subject of its production. The Author insists on the need for the subject of the assessment to know the content of the expert's opinion of the entire required set of normative sources and emphasizes that there should be constant monitoring of changes to existing regulations, as well as the publication of new ones related to the area under consideration.

“The Way It Is in the Church”

For centuries, the legal rate of interest in the Roman Empire was “one-hundredth”: 1 percent of the principal of the loan was added to it each month. Although Christian leaders and writers in the Greek and Latin west did not approve of this practice, Syriac-speaking Christian communities in the eastern Roman Empire incorporated the rate of “one-hundredth” into canon law, and some grounded it in a novel interpretation of the Syriac Bible. In this paper, I describe the incorporation of Roman lending norms into the framework of the Syriac church and discuss an early document that both reflects and modifies these norms: a “circular letter” of Symeon Stylites (d. 459), in which he commands that interest rates be lowered by 50 percent as a temporary act of piety. That letter is preserved in a manuscript of Symeon’s Syriac Life, found today in the British Library (Add. 14,484, fols. 130b–133b). I situate the letter within that Syriac tradition, and I offer the possibility that Justinian’s law of 528, which also lowered interest rates by 50 percent (CJ 4.32.26), might have been the result of contacts with this Syriac tradition, and specifically with Symeon’s regulation. I also examine the reception of the Roman rate of “one-hundredth” in early Christian normative sources (“lawbooks” and “canons”) from the Church of the East, in the Sasanian Empire. These Christians received the Roman norm of “one-hundredth” differently and did not incorporate Symeon’s pious reduction of the interest rate, or Justinian’s imperial legislation to the same effect.

What is distinctive of political normativity? From domain view to role view

In the last couple of years, increased attention has been directed at the question of whether there is such a thing as a distinctively political normativity. With few exceptions, this question has so far only been explored by political realists. However, the discussion about a distinctively political normativity raises methodological and meta-theoretical questions of general importance for political theory. Although the terminology varies, it is a widely distributed phenomenon within political theory to rely on a normative source which is said to be political rather than moral, or at least foremost political. In light of this concern, the present paper moves beyond political realism in the attempt to explore alternative ways of understanding distinctively political normativity, in a way which may be useful for political theorists. More specifically, we investigate two candidate views, here labelled the “domain view” and the “role view,” respectively. The former traces distinctness to the “domain,” that is, to the circumstances of politics. This view has gained a lot of support in the literature in recent years. The latter traces distinctness to “role,” that is, the role-specific demands that normative-political principles make. Our twofold claim in this paper is that the domain view is problematic but that the role view is promising.

Влияние фактора приграничного положения на экономические системы российских регионов.

Border territories were considered both as front lines and as a resource for economic development in different historical periods. The studied regions of the Northwestern Federal District adopt these roles too. The purpose of the research is to consider the transformations of the border strip, to assess the normative sources that contribute to or limit the development of border regional economic systems, to analyze economic parameters and identify the patterns of this development. The scientific novelty is associated with the development of a comprehensive methodology, including the economic and legal assessment of the influence of the border location factor on the development indicators of the territory. The application of this technique allows substantiating the assumption that the nature of functioning and economic parameters may be related to the legal aspects of regulating the border position of Russian regions to a greater or lesser extent. The authors come to the conclusion that in the current geopolitical environment it becomes obvious that the legal and economic conditions will be significantly transformed. The degree of involvement in cross-border interactions for some sections of the borders will decrease, and vice versa new areas of international economic activity will appear, with corresponding structural shifts, which will become a vector for continuing the research. The study substantiates that the processes of economic interactions must be assessed both in economic and legal dimensions. It is shown that the border location factor has an ambiguous and multidirectional influence. At the same time, the impact of the factor is transformed along with the geopolitical, economic and legal environment. Legal prerequisites for different territories are formed individually, manually and are associated with specific situations and the nature of international interactions. A significant part of the restrictions on doing business in the border areas, which were considered in the article, is related to the peculiarities of their legal regime. Consequently, the factor of the border position from the point of view of economic and legal regulation can intensify both risks and opportunities for development.

Kantian Constructivism and the Sources of Normativity

Abstract While it is uncontroversial that Kantian constructivism has implications for normative ethics, its status as a metaethical view has been contested. In this article, I provide a characterisation of metaethical Kantian constructivism that withstands these criticisms. I start by offering a partial defence of Sharon Street’s practical standpoint characterisation. However, I argue that this characterisation, as presented by Street, is ultimately incomplete because it fails to demonstrate that the claims of Kantian constructivism constitute a distinctive contribution to metaethics. I then try to complete the practical standpoint characterisation by elaborating on Christine Korsgaard’s suggestion that metaethical Kantian constructivism takes up a position on the source of morality’s normativity.

The Human Rights Committee—Challenges and Prospects for Enhanced Effectiveness and Integration: A Comment

AbstractThe comment takes up the discussion by Ivana Jelić and Linus Mührel on the merits and deficits of the UN Human Rights Committee and the options for its reform. It advocates a view that takes contradictions between different perspectives on human rights into account, be they rooted in legal culture or in societal forces. It addresses discourse as the source of legitimacy and normativity of human rights, and therefore agrees with proposals to strengthen the treaty bodies within the framework of existing treaties, but also recalls the conditions of legal and societal discourse on the domestic plane.

Complex Practical Exercises as an Innovative Form of Teaching Military-Special Disciplines forFuture Bachelors of the State Border Security: Interdisciplinary Link

The article substantiates the experimental program of professional competencies formation in future bachelors of the state border security by means of complex practical exercises. The level of cadets’ motivation to master the specialty of a border guard officer was determined; the influence of training classes according to the author’s teaching methods on the efficiency of professional competencies formation in cadets of the state border security is determined; the levels of their professional competencies formedness are determined. The research was conducted at Bohdan Khmelnytskyi National Academy of the State Border Guard Service of Ukraine in 2018-2021. 191 cadets of the Faculty of the State Border Security took part in the research. The summative assessment evaluated the degree of mastering the system of knowledge about the essence, content, methods, ways of professional activities; skills and abilities of future bachelors of the state border security to independently solve urgent tasks of border surveillance at the tactical level. The main dominant motives that inspire the cadets to quality education were presented; the key reasons that hinder the formation of the cadets’ professional competencies were outlined. Research methods: system-structural analysis of pedagogical, psychological, educational and methodical, normative sources for tracing the development of pedagogical thought on the researched problem; study of academic instructors’ experience, existing needs of border practice; comparison; synthesis and abstraction; summative assessment, survey, statistical analysis. At the end of the experiment, it was found that the level of professional competence in the experimental group cadets is significantly better (p < 0.001) compared to the control group cadets. It is determined that the number of the experimental group cadets with a high level of professional competencies increased at the end of the experiment compared to the control group, which confirmed the effectiveness of the experimental program.

Integral Ecology As Theosemiotic: A Case For A Pragmatist Theological Ethics

Integral Ecology As Theosemiotic: A Case For A Pragmatist Theological Ethics

FEATURES OF THE FORENSIC EXAMINATION (OF EXPERT RESEARCH) IN THE FIELD OF INTELLECTUAL PROPERTY ARE RELATED TO THE TERMS OF PROVISION OF LEGAL PROTECTION OF INDUSTRIAL DESIGNS, DEFINING THE CRITERIA FOR THEIR PROTECTION ABILITY AND VOLUME OF USE

The article is devoted to the generalization of approaches to forensic examinations (of expert research) in the field of intellectual property, in particular industrial designs. The analysis of the national legislation in the field of intellectual property is carried out and new approaches in the field of the legal protection of industrial designs are revealed. The peculiarities of conducting forensic examinations (providing expert opinions) on determining the conditions of the legal protection of industrial designs, criteria for their legal protection, and volume of use have been researched. An analysis of the conditions for granting legal protection to industrial designs, in particular compliance with public order and the principles of humanity and morality was performed. An analysis of normative sources that define the meaning of the term “public order” and regulations that should be used by a forensic expert to establish compliance of industrial designs with the principles of humanity and morality was performed. The analysis of criteria for protection of industrial designs (novelty and individual character) was carried out. The peculiarities of determining the new criterion of the legal protection of industrial design (individual character) for the national legislation, for the assessment of which the “degree of freedom of the author” is taken into account, was established. The concept of “degree of freedom of the author” was studied and the features that should be taken into account during forensic examinations (of expert research) are determined. Recommendations that should be taken into account by the subjects of appointment (order) of forensic examinations (of expert research) and forensic experts were formulated. Key words: forensic examination, an object of intellectual property, industrial design, legal protection, conditions of legal protection, criteria of protection, public order, degree of freedom of the author.

Layered Constructivism: The Plural Sources of Practical Reasons

Constructivism as a distinct metaethical position has garnered significant interest in recent years due in part to Sharon Street’s theory, Humean metaethical constructivism. According to Street’s account, practical reasons are constructed by individual valuing entities. On this view, then, whether a particular reason applies to an individual is completely contingent upon what that individual actually values. In this article I argue for the recognition of multiple sources of practical reasons and values, including both individuals and communities. The resulting view, which I call layered constructivism, strengthens the constructivist project and begins to resolve some of the common critiques leveled against Street’s Humean constructivism. To begin, layered constructivism retains many of the benefits of Street’s approach, such as providing a naturalistic picture of normativity and maintaining a close tie between practical reasons and individual motivation. Moreover, the inclusion of collective sources of normativity and the importance of the resulting values for individuals is supported by recent empirical research on norms. Layered constructivism can also respond to the common concerns that Humean constructivism fails to adequately account for the immense influence our social lives have on our normative reasons and values, and that it entails an objectionable level of contingency. Finally, acknowledging the existence of differently constructed reasons helps us make sense of the pervasive human experience of navigating a variety of seemingly incommensurable normative reasons.