Злоупотребление правом как форма противодействия осуществлению закона в контексте современного научного дискурса и правоприменительной практики

The subject of the article is the abuse of law as a phenomenon of legal reality, its definition, the patterns of its arising and developing in legal relations, the consequences of abuse of law established in the prescribed manner.The purpose of the research is to confirm or refute the theoretical hypothesis about the nature, as well as of the role and the functional load of abuse of law, to obtain the conformation of the theoretical judgment of praxeological nature and the conclusions.Methodology. In achieving the purpose and the corresponding research tasks the dialectical method's instruments were used, which made it possible to establish the relationships between the formally expressed normative uncertainties and the difficulties of their practical implementation, to find structural and functional conclusions in legal behavior and its consequences. The opportunities provided by comparative legal, formal legal, historical and legal methods of the cognition were widely used.The main results and the scope. The analysis of the given problems showed that despite of the prevalence in relations regulated by various law branches and the frequent reference to it among scholars, it was not possible to develop the unanimous approach to understanding of the abuse of law. This is partly due to the two main factors: (a) the uncertainty and evaluativeness of this phenomenon; (b) the desire to develop a unique interpretation of the right's abuse by an individual researcher.Thus, the unique and extraordinary options of understanding of abuse of law have been developed. Often they do not correspond to the practice of its application and not fit the legal science system's categories and its knowledge. The current situation leads to the confusion in the research and ideas blurring of established legal constructions. In addition, theoretical knowledge that has no outlet to practice loses their importance and does not contribute the simplification of practical activities to implementing the law. The main conclusions of the research are expressed in the provisions that the abuse of law plays the role of legal fact, associated with the onset of harmful consequences or the threat of their occurrence. It demonstrates the desire of the abuser to obtain benefits of different nature by leveling legal requirements, in their complex misconduct. The abuse of law either acts as a way of committing an offense and constitutes the objective side of the act, or has an independent meaning, causes the application of legal responsibility, if it acts as a method of committing an offense, and measures of legal protection, if it has an independent meaning, the legal structure of law abuse does not include a duty and looks like this: subjective law – the exercise of subjective right – the limits of the exercise of subjective right – illegal act – the onset of harmful consequences or the threat of their occurrence – measures of responsibility or protection measures.Предлагается контурное обобщение подходов к пониманию феномена злоупотребления правом и дается их критический анализ на основе инструментов логического, сравнительного и формально-юридического алгоритмов исследования и решения научных задач. Широко используются материалы правоприменительной практики для подтверждения промежуточных и итоговых выводов о злоупотреблении правом как неправомерном явлении правовой сферы, тесно связанным с реализацией субъективного права, выступающим способом совершения правонарушения или самостоятельным видом неправомерного деяния, играющим роль юридического факта и являющимся формой противодействия осуществлению закона. Представлен авторский взгляд на таксономию рассматриваемого феномена

Innovation activity of Russian business entities and its determinants

Market growth prospects of the entities during the innovation activity could not be sized up due to lack of systematized and shared view at factors defining the innovation activity of business entities. The paper presents key factors of innovation activity along with its classification by levels (macro, meso, and micro). Authors suggested a specific innovation activity evaluation framework as well as multivariate regression model of assessing the structure and key-factors’ effect on business activity is developed.peer-reviewe

Expression of the elastolytic cathepsins S and K in human atheroma and regulation of their production in smooth muscle cells

Formation of the atherosclerotic intima must involve altered metabolism of the elastin-rich arterial extracellular matrix. Proteases potentially involved in these processes remain unclear. This study examined the expression of the potent elastases cathepsins S and K in human atheroma. Normal arteries contained little or no cathepsin K or S. In contrast, macrophages in atheroma contained abundant immunoreactive cathepsins K and S. Intimal smooth muscle cells (SMC), especially cells appearing to traverse the internal elastic laminae, also contained these enzymes. Extracts of atheromatous tissues had approximately twofold greater elastase-specific activity than extracts of uninvolved arteries, mostly due to cysteine proteases. Cultured human SMC displayed no immunoreactive cathepsins K and S and exhibited little or no elastolytic activity when incubated with insoluble elastin. SMC stimulated with the atheroma-associated cytokines IL-1beta or IFN-gamma secreted active cathepsin S and degraded substantial insoluble elastin (15-20 microg/10(6) cells/24 h). A selective inhibitor of cathepsin S blocked > 80% of this elastolytic activity. The presence of cathepsins K and S at sites of vascular matrix remodeling and the ability of SMC and macrophages to use these enzymes to degrade elastin supports a role for elastolytic cathepsins in vessel wall remodeling and identifies novel therapeutic targets in regulating plaque stability

Modelling the viral dynamics of the SARS-CoV-2 Delta and Omicron variants in different cell types.

We use viral kinetic models fitted to viral load data from in vitro studies to explain why the SARS-CoV-2 Omicron variant replicates faster than the Delta variant in nasal cells, but slower than Delta in lung cells, which could explain Omicron's higher transmission potential and lower severity. We find that in both nasal and lung cells, viral infectivity is higher for Omicron but the virus production rate is higher for Delta, with an estimated approximately 200-fold increase in infectivity and 100-fold decrease in virus production when comparing Omicron with Delta in nasal cells. However, the differences are unequal between cell types, and ultimately lead to the basic reproduction number and growth rate being higher for Omicron in nasal cells, and higher for Delta in lung cells. In nasal cells, Omicron alone can enter via a TMPRSS2-independent pathway, but it is primarily increased efficiency of TMPRSS2-dependent entry which accounts for Omicron's increased activity. This work paves the way for using within-host mathematical models to understand the transmission potential and severity of future variants

Age peculiarities in the change of aldoketoreductase spectrum in rat blood

In order to reveal the causes of age-related changes in sensitivity of the organism to oxidative stress, the spectrum of aldoketoreductases in blood serum of rats of different ages was investigated. It was discovered that 0.5- and 24-month old rats have the similar spectrum of aldoketoreductase in the blood. There are only four electrophoretic fractions of aldoketoreductases in their spectrum. The share of 3rd fraction increases the spectrum of 1.5-, 2- and 3- month old rats. The pubertal rats contain additional 5th fraction in aldoketoreductase spectrum of the blood. This electrophoretic fraction has maximal electrophoretic mobility, but there is inconstancy in spectrum. There are 6 electrophoretic fractions of aldoketoreductases in the blood of 3-month old rats. Two of them with maximal electrophoretic mobility are absent in the spectrum of 0.5- and 24- month old rats. There are the same shares of 3rd and 4th fraction in the aldoketoreductase spectrum of the blood 12-month old rats, and 5th fraction there is inconstancy. The cause of age-related changes in the aldoketoreductase spectrum of blood may be coupled with existence of age-related differences in the gene expression of the encoded enzymes of aldoketoreductase family. Due to the fact that 0.5- (early childhood) and 24-month old (senescence) rats have similar aldoketoreductase spectrum of the blood, we propose that the cause ofthat phenomenon coupled with age-related changes in the production and secretion of sex steroids

Modern theological education in Rrussia European experience and development prospects

© 2018, Ecozone, OAIMDD. All rights reserved. The aim of the present study is to consider the problems of modern theological education in Russia from the standpoint of the feasibility of using the Eastern European experiences and prospects for national development of theological education. The issue of theological education has existed since the first half of the XIIIth century, therefore it is considered in a huge number of literature sources. It cannot go unnoticed that in the recent years more and more publications are devoted to theological education, both in Russia and throughout the post-Soviet space. With every increasing frequency the information emerges about the establishing of new schools offering formal theological education. The article describes the post-secular situation in the Russian society, which today has led consistently to the actualization of the issue of legitimization of Theology in the Russian secular higher education. The article analyses the viewpoints expressed in the panel discussion on Theology in higher education, which was attended by experts on concerned problem. The results of the panel discussion have shown that in a post-secular situation, as well as in the presence of Theology in some secular universities, it is necessary to find certain post-secular „middle ways‟, where morality, religious values, and secular freedoms, as well as scientifically grounded virtues will complement each other through Theology

Control of Ni/Ce1-xMxOy catalyst properties via the selection of dopant M = Gd, La, Mg Part 1. Physicochemical characteristics

To elucidate the role of support composition in autothermal reforming of ethanol (ATR of C2H5OH), a series of Ni catalysts (Ni content 2–15 wt.%) supported on different ceria-based oxides (Ce1-xGdxOy, Ce1-xLaxOy and Ce1-xMgxOy; x = 0.1–0.9) were prepared. The synthetized materials were tested in ATR of ethanol at 200–700 °C. It was established that supports themselves show catalytic activity in ATR of C2H5OH and provide 10–15% yield of H2 at 700 °C. Upon the increase of Ni content from 2 to 15 wt.% the temperature of 100% ethanol conversion decreases from 700 tо 300 °С, hydrogen yield increases from 25 to 60%, the inhibition of С2-С3 by-products formation, as well as the promotion of decomposition of acetaldehyde occur. The enhancement of catalyst performance in ATR of C2H5OH has been observed in the next series of supports: Ce1-xMgxOy < Ce1-xGdxOy < Ce1-xLaxOy and with a decrease of x to an optimal value that correlates with the improvement of Ni active component reducibility. At 600 °C on 10Ni/Ce0.8La0.2O1.9 catalyst the H2 yield of 50% was achieved at C2H5OH conversion of 100%. Stable and high performance of developed catalysts in ATR of C2H5OH indicates the promise of their use in the production of hydrogen

Control of Ni/Ce1-xMxOy Catalyst Properties Via the Selection of Dopant M = Gd, La, Mg. Part 2. Catalytic Activity

To elucidate the role of support composition in autothermal reforming of ethanol (ATR of C2H5OH), a series of Ni catalysts (Ni content 2–15 wt.%) supported on different ceria-based oxides (Ce1-xGdxOy, Ce1-xLaxOy and Ce1-xMgxOy; x = 0.1–0.9) were prepared. The synthetized materials were tested in ATR of ethanol at 200–700 °C. It was established that supports themselves show catalytic activity in ATR of C2H5OH and provide 10–15% yield of H2 at 700 °C. Upon the increase of Ni content from 2 to 15 wt.% the temperature of 100% ethanol conversion decreases from 700 tо 300 °С, hydrogen yield increases from 25 to 60%, the inhibition of С2-С3 by-products formation, as well as the promotion of decomposition of acetaldehyde occur. The enhancement of catalyst performance in ATR of C2H5OH has been observed in the next series of supports: Ce1-xMgxOy < Ce1-xGdxOy < Ce1-xLaxOy and with a decrease of x to an optimal value that correlates with the improvement of Ni active component reducibility. At 600 °C on 10Ni/Ce0.8La0.2O1.9 catalyst the H2 yield of 50% was achieved at C2H5OH conversion of 100%. Stable and high performance of developed catalysts in ATR of C2H5OH indicates the promise of their use in the production of hydrogen

Comparative assessment of the diagnostic value of echocardiography and magnetic resonance imaging in determining myocardial viability

Aim. To compare myocardial imaging methods in patients with complicated coronary artery disease with significantly decreased myocardial contractility.Material and methods. This single-center retrospective study included 109 patients with complicated coronary artery disease who underwent surgical treatment between 2014 and 2020. All patients had indications for delayed contrast-enhanced cardiac magnetic resonance imaging (MRI) in order to determine myocardial viability due to a pronounced decrease in left ventricular contractility according to echocardiography (ejection fraction (EF) ≤30%).Results. Impairment of local contractility according to MRI and echocardiography significantly correlates with depth of contrast accumulation (p=0,0000000018 and p=0,0000034, respectively). Delayed contrast-enhanced cardiac MRI with cine sequences allows to determine higher number of impaired contractility cases compared with echocardiography (p=0,000006).Conclusion. MRI with cine sequence allowed to determine higher number of impaired contractility cases compared with echocardiography. Delayed contrastenhanced MRI is a reliably more sensitive method than electrocardiography in detecting left ventricular scarring. The depth of contrast agent accumulation correlates with local contractility impairment detected by echocardiography and delayed contrast-enhanced cardiac MRI