Suchergebnisse

The article addresses the qualification problems of armed conflicts. The study was conducted through the analysis of international legal doctrine, international treaties, decisions of international organizations. Attention is paid to the jurisprudence of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Court. It is noted that International Humanitarian Law has been in place since the beginning of the armed conflict. Therefore, the application of International Humanitarian Law does not require any recognition of the existence of armed conflict (international or non-international); this conflict exists because of armed clashes. It is emphasized that the need to classify the conflict arises in view of domestic and international legal factors (to bring to international criminal justice those who have committed war crimes; state responsibility for internationally wrongful acts, etc.). Attention was paid to the non-existence of a single body, which was empowered to determine the existence of an armed conflict. Different international agencies may have different qualifications for the same armed conflict. It is concluded that it is necessary to establish a Committee of Experts under the UN Secretary-General, to avoid different qualifications from the same armed conflict.

The increase in the number of natural disasters that has been observed in recent decades around the world under the influence of increasing anthropogenic impact on the environment, not only often causes significant damage to the economy and infrastructure of the territories, but also causes people to die and their mass migrations. In the light of these trends, the environmental situation is increasingly becoming the subject of scientific interest of researchers of various specialties: not only climatologists, but also economists and demographers. However, despite the increasing publication activity, in particular, on problems of population migration caused by climate change and environmental problems, there are significant gaps in the theoretical and methodological aspect. Our analysis of the scientific discourse (mostly English-speaking) showed that the discrepancies concern not only the question of which immigrants should be classified as environmental or climate migrants, but also the very term "environmental migrants", as well as the legal issue of the necessity and legality of providing such persons of refugee status. It has been established that at the moment "environmental refugees" do not actually have and never had refugee status, either in accordance with the relevant UN Convention or in accordance with the national legislation of any country. The article attempts to systematize and analyze the existing theoretical and methodological approaches to this problem and, on its basis, gives recommendations regarding their application. The features of statistical accounting for environmental migrants are established. The main difficulties of identifying and identifying those migration processes that resulted from changes in the environment are identified, since along with natural factors, a combination of other socio-economic factors, such as low living standards or poverty, often influence decision-making on resettlement. The principles that should be followed when organizing environmental migration statistics at the national level are given. Two groups of existing international sources of quantitative data on environmental migration are described: a bibliographic database containing materials and publications on environmental migration, as well as a database of quantitative data that provide information on the number of displaced persons. The relationship between climate change and the impact on the quality of life of the population has been identified. The negative impact of climate change on the level and quality of life of the population was identified primarily in rural areas, which led to an increase in the scale and deepening of poverty, and also caused the migration of the rural population.

The article discusses the theoretical and methodological problems of actively developing in modern conditions ecological culture, determining its place in the system of humanities. The growing importance of new conception of scientific research and sociocultural practices in the context of the global problems of our time is determined.It is necessary to know the experts' opinion which environmental problems are being identified as most significant. Only afterwards we can find the ways to solve them. Thereby based on the analysis of materials of the Russian scientific-practical conference with international participation "Environmental protection as a factor of the socio-economic development of municipalities: experience and problems" (2017, Rostov-on-Don, Kurgan), and the results of the Russian expert opinion research conducted by scientists of Rostov scientific elitological school it was concluded that there is an objective necessity to create a unified structure of natural resource management and environmental protection in territorial entities (Vorontsov, Mamychev, Ponedelkov, Yanguzin and Vildanov, 2017; Ponedelkov, Starostin, Mamychev, Grigoryan and Verenich, 2018). At the same time, the prerequisites and trends, the problematic aspects of the development of environmentally-oriented processes in modern Russian conditions determine that the organization of an effective environmental protection policy as a factor of socio-economic development and mechanisms of the implementation its strategic goals in the field of environmental development existing public administration system is possible only if appropriate conditions are created for the dynamic development of the system of environmental education and upbringing, as well as the necessity of developing the implementation of a new civilizational paradigm as a new eco-human behavioral paradigm

The article analyzes the fundamental issues of state evolution and typology. The authors justify that the state is an evolving phenomenon of social and legal reality. At that, it is shown that in the process of this evolution, along with the preservation of universal (essential) characteristics, conditioned by the nature and social purpose of the state, there is a modification of those properties and attributes that have a specific historical character and depend on a variety of factors that influence a state on an appropriate stage of development. The paper substantiates that the evolution of a state phenomenon must be considered in the context of general social evolution, which is, in the most general sense, the process of that intersubjective experience complication, accumulation and organization.The authors argue that any common (generic) concept of "state" is a conditional one to a certain extent, since it does not have a real ontological status, acting as the result of a series of typifications mediated by language and carried out in accordance with the relevances largely dictated by that practical life situation.

El objetivo de este trabajo es proponer y desarrollar el concepto de problemas complejos como herramienta epistemológica y política para repensar el vínculo entre la ciencia y la política, es decir, entre nuestras estrategias de construcción de conocimiento en el mundo y nuestras estrategias de transformación y acción en el mundo. Un problema complejo es una experiencia problematizada que busca ser conocida y transformada porque es evaluada como indeseable. Por tanto, un problema complejo se expresa conjuntamente como problema de conocimiento (dimensión epistémica), como problema de acción y decisión (dimensión pragmática) y como problema ético (dimensión axiológica). ; The objective of this work is to propose and develop the concept of complex problems as an epistemological and political tool to rethink the link between science and politics, that is, between our knowledge construction strategies in the world and our transformation and action strategies. in the world. A complex problem is a problematized experience that seeks to be known and transformed because it is evaluated as undesirable. Therefore, a complex problem is jointly expressed as a problem of knowledge (epistemic dimension), as a problem of action and decision (pragmatic dimension) and as an ethical problem (axiological dimension).

ABSTRACT The article analyzed the laws of the United States and the Russian Federation in order to determine the key points of protecting the interests of minor children in the divorce of their parents. The purpose is a comparative examination of theoretical and practical problems of the implementation of child support obligations of parents in Russia and the United States. The authors used a combination of philosophical, general and private, scientific methods of cognition of theoretical and empirical material, considering historical, political, and national characteristics. The study has allowed identifying some significant problems.RESUMEN El artículo analizó las leyes de los Estados Unidos y la Federación de Rusia con el fin de determinar los puntos clave para proteger los intereses de los menores en el divorcio de sus padres. El propósito es un examen comparativo de los problemas teóricos y prácticos de la implementación de las obligaciones de manutención infantil de los padres en Rusia y los Estados Unidos. Los autores utilizaron una combinación de métodos filosóficos, científicos generales y científicos privados de cognición de material teórico y empírico, considerando características históricas, políticas y nacionales. El estudio ha permitido identificar algunos problemas importantes.

The study consisted of identifying the existing problems in the implementation of international standards of digitization of criminal investigation at the legislative level. The research was carried out in stages as a summary, based on the logic of presentation of the material, to achieve and meet the objectives set out in the article. The method of direct observation, the method of comparison and analysis of the content of the documents, the method of systemic and pragmatic approach were used. The key results of the study were the analysis of the experience of implementing digital standards in forensic activities in the United States, Canada, Great Britain, Denmark, England, Austria, Estonia, and Ukraine. It is concluded that the problems that exist in the implementation of these standards, were identified from the criteria of evaluation of the efficiency and capacity of digital data processing by the agencies involved in the criminal investigation. In addition, the problems and difficulties faced by the authorities in implementing existing international digitization standards, indicate the need for comprehensive measures to organize criminal investigations. To overcome them, appropriate measures must be taken in the field of legislative changes.

Through the dialectical method the objective of the article was to analyze the process of the elaboration of modern laws, considering their structure and main problems. There is a major structure and problems inherent in the modern law-making process described in the article. The structure of law-making comprises four parts: 1. Cognitive-analytical part; 2. Theoretical foundations of the legal norms and acts they dictate; 3. Validation of legal act or norm; 4. Monitoring of relevant rules and legal acts. The main legislative task is to draft legal norms that stimulate the active development of all parts of the State and society through a deep perception of all related processes, including those involving standard-setting. It is concluded that the main factor affecting the quality of legislation is the lack of a uniform legislative basis for the issuance of legal acts. There seems to be a real need to develop a uniform legislative act on the law-making process. The Code containing general and specific parts of each law must be developed.

The purpose of the research was to reveal the process of becoming a person in the information society. The problem of personal formation in the modern conditions of growth of the role of information communication technologies becomes topical problems in the field of social studies. The volume of information, information resources and corresponding technologies significantly influence different sides of social life and processes of humans. The following methods were used in the study: analysis, synthesis, modeling, mathematical statistics and others. The tasks of the study included analyzing the approaches, ideas about the features of personality formation in the information society. It has been shown that the solution of this problem is associated with the formation of human information culture. The paper presents the process of perception of the essence of this category, as well as describes a number of concepts, the essence of which allows to specify the content of the concept of "information culture". These are the following categories: information, culture, information needs. Special attention was paid to the development of information needs in educational institutions.

This article presents and explores, from a law and economics' perspective, the Colombian Constitutional structures that create potential for corruption by undermining the checks and balances, the accountability system over politicians and in particular, by altering the computation of the agent once is facing the decision to act according to principal interest or behave in a corrupt way. A case study from a Colombian high court is presented in order to illustrate the interaction between the identified constitutional provisions to generate a scope for corruption. Finally, possible constitutional amendments are suggested in order to overcome these system failures.

The article presents an analysis of problematic issues concerning the adaptation of the national accounting and financial reporting system of Ukraine to the International Financial Reporting Standards (IFRS). The chosen topic is relevant because of the fact that the domestic economic system is increasingly dependent on the globalization of economic processes and information technologies in the world. The transition of Ukraine to the specified standards is a requirement of time and is conditioned by the necessity to fulfill the country's contractual obligations for further integration with the European Union. The authors considered such world systems as IFRS and the Generally Accepted Accounting Principles (GAAP). The general features of these systems were analyzed.The authors have identified both the systematic advantages and the problems of adaptation of IFRS in Ukraine. Advantages include: providing more detailed, transparent, truthful and accessible information for users; raising the level of investment attractiveness of economic entities through the possibility of their entry into new capital markets, etc. Problems include: the complexity of the practical application of standards through the introduction of new terms, the need for restructuring the philosophy of accounting and management personnel, and so on.The paper notes that the successful adaptation of IFRS in Ukraine should be consistent with the general economic priorities of the country's development and is possible only under condition of well-considered actions of state legislatures and executive authorities, international cooperation within the framework of specialized professional organizations on the issues of elaboration of international standards of financial reporting.