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Siergiej Juliewicz Witte (1849–1915) was the prominent Russian statesman. He was the first Prime Minister in the history of that country. During the reign of Alexander III and at the beginning of rule of Nicolaus II, he was the follower of samodierżawije, but gradually started supporting constitutional system. This ideological change was a result of Russian – Japanese war and of 1905 revolution. He was an author of October manifesto. Local government criticized the institution of samodzierżawije, but he incorporated it in a constitutional system. He declared for individual estate and for liquidation of landed estate/community. He created the conditions for the industrialization process in Russia. Siergiej Witte criticized Russian participation in the 1st World War.
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Problems are taken up in the article appears with formation suit rendition proceeding. Fundamentally different approaches are justified to definition of a moment of changing (stopping) of material legal relation with transformative judgment. As a general rule the author saggests to proceed from deprivation of positive legal consequences from a deal conclusion moment for impugment of basis linked to vice deal. At the same time the author tells of a special case when the moment of material legal ceasing could be postponed to the future with the low or agreements of the parties.
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The author based on the fundamental ideas freedom of opinion and expression, prohibition of censorship, etc. analyses the natural and legal content of the principle of artistic freedom in copyright law and the limits of this freedom. The author builds a position to address specific theoretical and applied problems, compares the mechanisms of protection of moral rights in terms of public and civil law.
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The article analyzes the concept of justice in both procedural and substantive aspects of civil law, with regards to John Rawls’ notion of “procedural justice”. The basic problem of the article is the question if each outcome of a fair procedure is just by the token of the fairness of the procedure. The author argues that such a standpoint, claiming that the procedure itself creates a just decision, will be incompatible with Article 45 paragraph 1 of the Polish Constitution. This paragraph grants the right to just adjudicature, which takes into account the whole substantive law. There are areas in law where conflicts between the procedural and the substantive justice are possible. Such an area is the adversary trial proceedings and evidentiary proceedings. The Court of Justice of the European Union emphasizes that there are such groups of legal entities (eg. consumers), for which it is necessary to regard ex officio all of facts pointing to the unjust treatment of consumer. The similar point of view was expressed by the Supreme Court of Poland. The Supreme Court of Poland allowed an evaluation of a claim which includes principles of justice, even if the defendant doesn’t take any position. This belief agrees with the standpoint of E. Waśkowski, who emphasized that the sentence should be “rightful”.
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The paper describes the regulations of the Council of Europe concerning medical powers of attorney and permissibility of such powers of attorney under Polish law. The author tries to consider whether a medical power of attorney is capable of functioning within the boundaries laid down under the current regulatory regime or whether new agency provisions are necessary. The paper discusses the interpretation of Article 95 § 1 of the Civil Code and the notion of “nature of a legal act”. At the end of the article a reference is made to the European legal tradition as a common ground for Polish and Ukrainian law.
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Legal language has its own technical terms that a translator has to know. This article considers some specificities of French and Lithuanian legal terms as well as specific turns of the sentence and the ways to train students to recognize and use them.
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The article describes, on the basis of hermeneutics, the specific perspective from which a translator may approach legal texts, as translation is seen as a personalized activity. Different text types are rooted in a specific legal system and fulfil their function within a special field of law, and the cultural and legal background is evident in linguistic aspects on a textual level. Comparative law carries out research on the differences in legal concepts, whereas translation studies and practice use this knowledge as a basis for work. Legal terminology has various levels of abstraction and appears in texts along with general language words. Fields of orientation for the translator are presented here, such as legal contexts, genre, concepts and style. This should be combined with proficiency in writing according to the text function, terminology and standard formulae. The translator tries to make source cultural and legal aspects transparent for target readers, as translation is always a means of comprehension that furthers communication.
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This paper presents the main ideas of Leon Petrażycki’s methodology of social sciences. The main focus concerns Petrażycki’s idea of adequate theory. The author tries to show that contemporary formal methodology of empirical sciences illuminates Petrażycki’s concept of adequate theory. In particular, the relation between adequacy and truth can be illuminated by using metalogical concepts.
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The article is devoted to a comprehensive analysis of the main sources – works that appeared during the life of Confucius, which developed and supplemented the main elements of Confucian doctrine. Provides basic information about the life and work of thinkers – pupils and followers of Confucius, options for translation and interpretation of titles of treatises and terminology. The main provisions and ideas of the treatise "Zhong yong" written by the students of Confucius, which is of fundamental importance for the process of the historical evolution of Confucian doctrine, clarifies, details and deepens the theses of his main book "Lunyu" are suggested. But against the background of the traditional Chinese picture, one of the key principles of Confucianism stands out – the principle of the "golden mean", the critical importance of the personal virtue of rulers, and also draws attention to the main approaches to defining the formula of human nature. Based on the study of scientific sources, conclusions were drawn about the almost instantaneous beginning of a complex deepening, improvement and development of the teachings by the first disciples of Confucius. Confucianism was formed as a way of interpreting the ancient Chinese system of signs and concepts, categories embedded in the mythological form in an active, active spirit. The development of the Confucian doctrine was due to the incorporation of parts of other teachings. Confucianism essentially developed through finding common ground with other Chinese doctrines. The key idea that appeared in the development of Confucianism is the assertion that everything in a person, including his inner world, is only a reflection of the natural world, and the restoration of perfect social institutions cannot mechanically bring ideal order in the Celestial Empire. In the course of its long evolution, Confucian traditional thought put certain fundamental problems and categories on the agenda much earlier than European thinkers did, of course, at the traditional level, which corresponds to those ancient centuries.
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The solution of fundamental problems of criminal-law regulation should be carried out taking into account doctrinal scientific developments and the latest achievements of scientific and technological progress. In this sense, using of a system approach is expanded, which has now received significant instrumental support in the format of information technology and software. A system approach is a methodological direction of scientific knowledge of system objects by means of system engineering, which is implemented in two main areas – in the field of methodology and theory, and in the field of specific applications. The aim of the paper is a comprehensive description of using of system approach in domestic criminal law. The task is to outline the prospects of applying a system approach in domestic criminal law, taking into account the latest technologies of systems engineering. Criminal law in its essence can be understood as a system of information (knowledge) that outlines the criminal offenses’ types and criminal law measures of state reaction to them. As a systemic object, this phenomenon is characterized by several circumstances. 1. System components of criminal law. First of all, the authors are talking about the systemic nature of a crime, according to which the system of criminal law regulation is oriented. The systems are also criminal law provisions. Their structural elements-subsystems are hypothesis, disposition and sanction 2. The system of criminal law has its own structure. The initial elements of its structure are criminal law. This also includes atypical regulations: criminal law constructions, legal presumptions and fictions. According to the degree of generalization, legal norms and atypical normative prescriptions are united into legal institutions. The systemic structure of the studied system object is manifested in the multiplicity of relations between them. 3. System connections of criminal law. In the system of criminal law, informational connections are realized. 4. Functioning of criminal law system in the system environment. Through the mechanisms of rule-making, information from protected social relations is introduced into it from the outside, and through the mechanisms of law enforcement, it affects its environment. According to the system approach, a model of the crime system and the system of the Criminal Code of Ukraine is proposed, developed on the basis of IDEF0 notation.
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Adopting the methods of institutional analysis and case law analysis, the paper answers how specific elements of rule of law backsliding impact advocacy for minorities’ rights’ recognition. The phenomenon is analysed in the case of Poland, a state that since 2015 has been experiencing directed erosion on rule of law standards. Between 2018 and 2020, governmental leaders in Poland targeted lesbian, gay, bisexual, and transgender (LGBT) people in the context of electoral campaigns. The paper discusses long-term legal, political, and social factors contributing to creating an environment where such anti-LGBT campaigns are possible. It further demonstrates that specific elements of rule of law backsliding, such as politically subordinating the Constitutional Tribunal and the office of the Prosecutor General, enable authorities to apply discriminatory legal instruments to limit the targeted minority’s rights and also make resistance to it with legal means more complex. Against this backdrop, the paper argues that human rights defenders’ immediate responses—private civil lawsuits, artistic projects, and monitoring of discriminatory actions of the authorities—were key for drawing domestic and international attention to anti-LGBT campaigns, which later led to the European Union’s institutions concrete actions and an independent Commissioner for Human Rights’ legal actions. Cumulatively, these actions contributed to reversing elements of the anti-LGBT campaign in Poland.
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The article presents an analysis of historical and legal reality depicted in Wincenty Dunin-Marcinkiewicz’s work The Nobility of Pinsk. It is the work of utmost importance for the Belarusian national culture, and an outstanding primary source depicting the legal culture of the epoch. The Nobility of Pinsk was written in 1866, and it reflects the situation of the degraded nobility who after 1831 was ranked as the odnodvortsy - ‘owners of one homestead’. They had their own laws and duties that placed them between the dvorians and the peasantry. Despite the text’s form of comedy, the political culture of this class was painted in extremely dark colours. According to Wincenty Dunin-Marcinkiewicz, the judicial and police omnipotence of the land court and local court pristavs was total. On the other hand, the knowledge of law and their liberties among the odnodvortsy was at a very low level. Th e only way for them to settle the case was either through fraud (to bribe witnesses) or through omnipresent corruption. What draws attention is constant reminding of the Third Lithuanian Statute, which - despite being legally invalid for 26 years (1840) - was notoriously quoted in court, for it was regarded as the symbol of the judiciary by the contemporaries. Under the pretence of the cited normative acts which in fact did not exist or did not apply, the problem of non-application of the rules of law in judicial and police organs and far-reaching corruption is emphasised.
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The text aims to bring into attention a well-known issue in the field of deviance and delinquency, respectively of family violence, from the perspective of a crisis period we are all going through at global level, the COVID-19 pandemic. Starting from various theoretical assessments with an interdisciplinary character, we set out to analyze the situation regarding the domestic violence in our country in 2020, in the midst of a pandemic. Therefore, we identified various particularities regarding the domestic violence phenomenon, more precisely on the notification of the cases, as well as on the institutional, specialized intervention manner. Although the analysis of police statistics does not necessarily indicate an increase in the level of intrafamily violence compared to 2019, we believe that the „black figure“(the cases not reported to the authorities) hides a big part of this phenomenon. The crisis periods aggravate the social dysfunctions and family conflicts, which is why, at the end of this paper, we’ve made a set of proposals for streamlining the intervention in support of the victims.
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One of the indicators of the effectiveness of the penal system is the number of crimes committed by repeat and recidivism. The commission of crimes repeatedly indicates a failure to achieve the goals of correction of convicts – readiness to lead a law-abiding lifestyle, and indicates ineffective resocialization and correction. The Penal Legislation of the Republic of Belarus provides for a system of basic means for the correction of convicts, which include established procedure for the execution and serving of punishment and other measures of criminal liability, educational work, socially useful work, receiving education by convicts and social impact. At the present stage of development of society and the state, it is important to use the entire arsenal of these means. In our opinion, the means that have significant potential include social impact on prisoners sentenced to imprisonment. The author proposes to classify penitentiary psychologists as subjects of social influence on convicts. The article describes the legislative (from the point of view of the Belarusian legislation) and doctrinal approaches to the issue of the participation of a psychologist in the process of correcting a convict.
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The law enforcement system in Ukraine is currently at the stage of reformation. The Ukrainian government has taken significant efforts to achieve first positive results. 7 November 2016 the Law of Ukraine on «The National Police» came into force. In comparison with the previous Law «On Militia» the status of law enforcement officers has been changed. And if previously it was emphasized on the police arming as a public authority, then nowadays the attention is paid to the official function of this body. The author provides a comparative analysis of the laws mentioned above. The negative conclusion such as a lack of new legal regulation of officers’ orientation to legal education is made through the comparison of the notions of a «law enforcement body» and «functional obligations of the law enforcement officers». Thus, it is proposed to prepare ethical codes which might be a kind of work guide. Also it is accented on the insufficiency of the time for the preparation of our police officers. Three of four months is obviously not enough for a full and qualitative preparation. With the reference to the international experience, the author illustrates a high level of attention which is dedicated to the preparation of officers in Germany and the U. S. It is also emphasized on the high cost of the preparation of only one police officer. So, it is suggested that the time and quality of the preparation of a police officer should be raised. The article also proposes to change the legal education in a certain way. And there is a high need in a greater teaching of inter-sectoral law disciplines such as Philosophy of Law which form valuable attitude to law and humane respect to citizens. The author also offers to carry out work with the society for the popularization of the police activity. The main focus should be on the police officers (patrol, district) who most of their time deal with ordinary people. All in all, despite the fact that the great steps were made, the author states on their insufficiency and expresses his hope to further police reformation.
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The administrative act enjoys the presumption of legality, which in turn is based on the presumption of authenticity and veracity, being itself an enforceable title. However, the principle of legality of administrative acts presupposes that both the administrative authorities do not violate the law and that all their decisions are based on the law. It also requires that the authorities effectively ensure that these requirements are met. The cancelling of administrative acts may be ordered by both the administrative court and the criminal court. The administrative court examines whether there are grounds for illegality, while the criminal court examines whether an offense provided for by the criminal law has been committed.
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After the marriage is concluded, the man and the woman acquire the status of spouses, which confers on each of the two family members, among other things, a series of personal rights and duties. The study presents and analyzes the main duties (obligations) of the spouses, namely: duty of respect; duty of fidelity; duty of moral support; duty to live together; joint decision making (co-decision) by the spouses; and the names of the spouses during marriage. Also, as will result from this study, according to the legal provisions, each spouse must enjoy full independence as regards his or her personal life. In this respect, each of the spouses will decide on their health, their professional training and the establishment of friendship relations with other persons.
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