281 research outputs found
Is Sustainable Development of Deserts Feasible?
Hot deserts that presently cover about one-fifth of the land area of our planet are rapidly devouring more and more arable lands mostly due to anthropogenic causes. We propose an interdisciplinary approach to revitalizing and commercializing hot deserts, which is based on systems thinking and Russian and NASA space technology experience in designing life-support systems for long-duration flights. We formulate ten principles for the design of sustainable life support systems in deserts, which can make the development of the deserts feasible. It is discussed how the principles can be employed to design and operate desert’s eco-industrial parks with greenhouses in which the transpired and evaporated moisture is collected and condensed. The potential benefits of setting up the eco-industrial parks in deserts include the slowdown and eventual reversal of the desertification trend, the migration of many industrial production facilities from mild-climate regions to deserts, the increased availability of potable water and food in deserts, the development of poor African countries, and the emergence of new investment markets
Algorithms for determining the circumstances relevant for the case in the software for informational-technological support of judicial decisions
Objective to create a computer program of information technology support for making motivated court decisions to obtain constructive criticism of the grounds of and objections to claim presented in the software forms in order to improve it.
Methods general dialecticalmaterialistic method in translating the law enforcement process into the language of information technology analysis and synthesis of the law enforcement process formal legal method for translating the requirements of the law and legal science to law enforcement into the program to be used by the judge and case participants objectoriented approach to modeling objectoriented programming methodology relational approach to database design.
Results a part of the computer program is created for making motivated court decisions on cases of claim proceedings under the rules of civil proceedings solving the tasks of Article 148 of the Civil Procedural Code of the Russian Federation.
Scientific novelty for the frst time a part of a computer program is presented which obliges the judge to take into account all the arguments of the parties regarding the circumstances to be established in the case to draw conclusions on them and in parallel with the conclusions and arguments of the judge for each choice to make a reasoned decision. It seems that the workload of the courts can be eliminated by the software for making and motivating court decisions which will signifcantly reduce the time for its production. The program has no analogues among the software solutions of legal disputes aimed at determining the circumstances relevant to the case.
Practical significance the presented part of the program shows how a judge and case participants determine the legally signifcant circumstances of the lawsuit which are subject to proving and justifcation. The generated list of circumstances forces by the program logic to make a reasoned conclusion about the proofs and legal relevance of each circumstance. The interim fndings determine the solution for the claim
Anticorruption expertise of law-enforcement acts
Objective to substantiate public necessity to define the subject methodological and organizational capabilities of anticorruption expertise of law enforcement acts.
Methods universal dialecticmaterialistic method was used to study the needs in anticorruption expertise of law enforcement acts in the mechanism of legal regulation based on it general scientific and special formal legal and comparative legal methods of research used for the definition of subjectmatter of the proposed expertise.
Results the value of anticorruption expertise of law enforcement was shown corruption factors and corruption indicators enabling legislation were identified ways of conducting such examinations were proposed.
Scientific novelty the article examines the need and the subject proposes methods of a new type of anticorruption expertise.
Practical significance the conditions of corruption are defined which are created in law enforcement activities and methods for their detection are proposed.
nbs
First experience of programming a court decision
Objective Consideration of the computer program model for making a lawful and wellgrounded judicial act in order to reduce the times for making the court decision.
Methods universal dialecticmaterialistic method which removes the contradictions of the professional training of judges and procedural controls the formal legal method for transferring the requirements of the law and jurisprudence for the lawenforcement activity into programs for judges and case participants the objectoriented modeling objectoriented programming methodology.
Results a computer program was created that allows to adjudicate in a civil case if the claim is recognized by the defendant. The program does not resolve the judge from the decisionmaking process but creates conditions to move along the stages of lawenforcement procedure and legal reasoning in accordance with the requirements of the law and of legal science. Therefore filling forms manually in the trial should be simultaneous with writing the decision judgment sentence assessment. The program includes the following sections preparation of forms common to certain types of proceedings certain categories of cases courts in the above forms determination of the order to establish the actual circumstances the burden of proof distribution types of evidence methods of law interpretation characteristics of collisions and gaps in legislation and ways to overcome them the standard wording in the judicial act templates and in the forms mandatory and optional information in the form. Based on the above the article concludes that by analogy with the presented program it is possible to create software for making a lawful wellgrounded and fair judicial act for other categories of cases and as a consequence to reduce the period of making judicial decisions.
Scientific novelty the first computer program is created for rendering and production of judicial decisions.
Practical significance the model is made to create a mass tool of judicial activity to eliminate errors and clearly unjust ruling in the court proceedings as well as to reduce the production time of the judgement
Legal practice of specification of the grounds for a normative legal act admitted inoperative
Objective to identify the option for eliminating the lacuna in law identified in judicial practice which consists in establishing the grounds for declaring a normative legal act invalid Chapter 21 of the AdministrativeProcedural Code of the Russian Federation.
Methods universal dialecticmaterialistic formallegal analysis and synthesis of reasoning in judicial cases related to abstract control of norms.
Results the author formulates the following proposals 1 to introduce amendments to Article 213 of the AdministrativeProcedural Code of the Russian Federation regarding the need to establish in a judicial procedure on administrative cases on disputing a normative legal act the compliance of the disputed normative legal act to the requirements of the formal certainty of legal norms excluding their ambiguous interpretation in the law enforcement practice as well as their compliance to the principles of law and the objectives of the legal regulation established by law 2 to supplement the AdministrativeProcedural Code of the Russian Federation with Article 215.1 establishing that the disputed normative legal act which violates the rights freedoms and legitimate interests of the administrative plaintiff or persons in whose interests an administrative claim is filed must be adjudged invalid in whole or in part in the following cases a the revealed violations of the requirements of normativelegal acts defining the powers of an authority organization or official to adopt normative legal acts it stipulates the shape and form in which a body organization or official is entitled to adopt normative legal acts it stipulates the procedure for adopting the disputed normative legal acts it contains the rules for introducing regulations into effect including the manner of publication state registration if state registration of these acts is stipulated by the Russian legislation and its entry into force b noncompliance of the disputed normative legal act or its part to the regulatory legal acts of greater legal force c inconsistency of the disputed normative legal act with the requirements of the formal certainty of legal norms excluding their ambiguous interpretation in law enforcement practice d noncompliance of the disputed normative legal act to the principles of law and the objectives of legal regulation established by law 3 to introduce changes in Art. 209 of the Russian AdministrativeProcedural Code regarding the administrative complaint disputing a normative legal act and recognizing a normative legal act invalid.
Scientific novelty a lacuna in law is identified Chapter 21 of the Russian AdministrativeProcedural Code to eliminate the lacuna reasoning of court decisions is systematized on the recognition of normative legal acts invalid due to defects in normative legal acts which literally do not constitute grounds for recognizing them invalid.
Practical significance the conclusions and provisions of the article can be used in scientific legislative and lawenforcement activities in the educational process of educational institutions of higher education
On the technique of legal expertise of the essence of changes in legislation
Objective to create algorithms for the study of normative legal acts and their drafts in order to solve the problem in favor of which legal subjects the changes in the legal regulation of the relations are implemented.
Methods universal dialecticmaterialistic formal dogmatic comparative analysis and synthesis.
Results the method of legal expertise of changes in the legislation is proposed. The method is used to obtain an objective and verifiable conclusions about what social groups associations state agencies and their officials legal entities benefit from the changes introduced into the legal regulation of relations with their participation. Comments to the method are given. The analysis is described of the legal expertise of the Law of the Perm region of March 5 2013 â„– 173PK quotOn amendments to the Law of the Perm region quotOn additional measures of social support of certain categories of people awarded with the degree of Doctor of sciencequot of November 11 2009 â„– 538PK law edition of 29.11.2011 â„– 873PK.
Scientific novelty a new type of legal examination of normative legal acts and their drafts is proposed.
Practical value the technique allows to make objective and verifiable conclusions about in whose favour the legal regulation of social relations is changed as well as to to reveal the real objectives of the authors of normative legal acts drafts
Assessing mobile ions contributions to admittance spectra and current-voltage characteristics of 3D and 2D/3D perovskite solar cells
- …