bluuebunny/crossref_metadata_2025 huggingface dataset:
Em Direção a um Modelo para Quantificação da Incerteza Epistêmica em Projetos de Software: uma Pesquisa-Ação
Authors:   Universidade Federal de Pernambuco - CIn-UFPE - Recife, Barbosa Jefferson Ferreira , Marinho Marcelo Luiz Monteiro ,   Universidade Federal de Pernambuco - CIn-UFPE - Recife, Moura Hermano Perrelli de ,   Universidade Federal de Pernambuco - CIn-UFPE - Recife
Published: March 2022

A evolução do pensamento em gerenciamento de projetos aumentou o interesse em áreas ainda não exploradas por pesquisadores e profissionais de gerenciamento de projetos como o gerenciamento da incerteza. A correta aplicação do gerenciamento da incerteza epistêmica em projetos de software pode representar um diferencial competitivo para a indústria de software. No entanto, apesar do uso crescente de abordagens de gerenciamento de incertezas, muitos projetos ainda falham. Alguns estudos mostram que as abordagens existentes utilizadas para o gerenciamento da incerteza não levam em consideração o seu aspecto quantitativo. Uma Pesquisa Ação (PA) foi conduzida com o objetivo de investigar a quantificação da incerteza epistêmica em um contexto real. Este trabalho ilustra o benefício da aplicação de abordagens de quantificação de incerteza para reduzir e priorizar o gerenciamento da incerteza epistêmica em uma equipe ágil de projeto de software. Ao final, é proposto um modelo para lidar com o gerenciamento da incerteza epistêmica.
Zukunft der Arbeitsmedizin: Wir fragen, Expertinnen und Experten antworten
Authors:   Institut für Arbeits-, Sozial- und Umweltmedizin (ASU) der Universitätsmedizin der Johannes Gutenberg-Universität Mainz, Letzel Stephan
Published: March 2022

Fragen zur Zukunft und Weiterentwicklung der Arbeitsmedizin an Expertinnen und Experten des Faches, gestellt von Univ.-Prof. Dr. med. Dipl.-Ing. Stephan Letzel (SL), Direktor des Instituts für Arbeits-, Sozial- und Umweltmedizin der Johannes Gutenberg-Universität Mainz.
Weiterbildungsboom in der Arbeitsmedizin
Authors:   Zentralinstitut für Arbeitsmedizin und Maritime Medizin (ZfAM), Universitätsklinikum Hamburg- Eppendorf (UKE), Harth Volker
Published: March 2022

Seit vielen Jahren sind der arbeitsmedizinische Betreuungsbedarf und die zur Verfügung stehenden betriebsärztlichen Ressourcen Grundlage für eine Vielzahl von Publikationen, Studien und Diskussionen. Dieser Artikel möchte anhand aktueller Zahlen die Nachwuchssituation an den arbeitsmedizinischen Akademien und Landesärztekammern beschreiben, die eine historisch hohe Zahl an Teilnehmenden an den arbeitsmedizinischen Weiterbildungskursen beobachten.
COVID-19-Infektionsquote im Bau- und Reinigungsgewerbe: bekannte Infektionen und Dunkelziffer. Teil 2: Frauen
Authors:   Arbeitsmedizinischer Dienst der BG BAU GmbH, Berlin, Solbach Thomas , Seidel Dirk ,   Arbeitsmedizinischer Dienst der BG BAU GmbH, Berlin, Wahl-Wachendorf Anette ,   Arbeitsmedizinischer Dienst der BG BAU GmbH, Berlin
Published: March 2022

COVID-19 infection rate in the construction and cleaning industry: known infections and under-reporting factor. Part 2: Women Aims: The aims of this study were to assess the prevalence of COVID-19 among female construction and cleaning workers in Germany, to estimate the number of unreported cases, to consider whether it is possible to assume an increased risk compared to the general population and to examine the influence on the infection rate of job-specific risk factors such as place of work and occupation. Methods: We conducted a seroepidemiological study to detect antibodies to COVID-19 among n = 219 women who attended the participating occupational health centres for medical check-ups. The study participants completed a questionnaire which included questions on living conditions, occupation, professional status and known previous infection. 43 women worked in the cleaning industry (19.6 %), whilst 134 were predominantly office workers, managers and supervisors (61.2 %). Results: 14 women (6.4 %) knew that they had already been infected with COVID-19. Among the n = 205 women without known infection, antibodies to COVID-19 were positive in n = 9 subjects (4.1 %). Overall, 23 women (10.5 %) had a previous COVID-19 infection. In relation to the known COVID-19 infections, the number of unreported cases (under-reporting factor) was 64 %. It was not possible to establish whether working on construction sites had a definite influence on the infection rate. There are indications of an increased risk of infection for cleaning activities, especially in old people’s homes and hospitals. Conclusions: Occupational health and safety measures should be strengthened and consistently implemented for this group of people. The underreporting factor of 64 % indicates that not all people with an infection are recorded. Compliance with general protective measures is therefore of great importance in containing the COVID-19 pandemic. Keywords: COVID-19 – infection rate – under-reporting – construction and cleaning industry
FACTORS AFFECTING DISTRIBUTION AND HABITAT ASSOCIATION OF RED PANDA IN BHOJPUR DISTRICT, NEPAL
Authors: Thapa Bishnu , Gyawali Basant , Neupane Juna , Thapa Tej
Published: March 2022

Status and distribution of red panda outside the protected area are poorly explored in Nepal despite of occupying the large share of potential red panda habitat. This study attempted to identify the factors affecting distribution and habitat association of red panda in Bhojpur district, Nepal. Bhalukhola Forest Patch, Kholakharka Forest Patch and Silichung Forest Patches were selected as intensive study sites. Altitudinal line intercepts method and sign surveys were applied to determine the distribution of red panda along different elevations. Quadrate method was implemented to explore the habitat association of the species. Twenty-four altitudinal transects each of 1,000 m on every 100 m altitude were surveyed following contour lines from the elevation of 2,400 m to 3,550 m. All the data were analysed by using Microsoft Excel 2016, ArcGIS 10.4 and Past 3.26 Software. Generalized Linear Model (GLM) was used to assess the influence of elevation and habitat parameters (predictor variables) with presence of red panda i.e. pellet frequency (response variable). Red panda was confirmed in all the surveyed forest patches between 2,700 m to 3,000 m altitude. In addition, 44 tree species were documented from red panda sign plots, out of which most common was Pinus roxburghii (77.39), Rhododendron arboretum (29.35), Tsuga dumosa (28.51) and Rhododendron grande (22.06). Based on the habitat association analysis, GLM revealed that elevation (R2=0.23), bamboo canopy cover (P˂ 0.01), tree canopy cover (P˂ 0.01), bamboo density (P˂ 0.01), and distance to settlement (P˂ 0.01) were positively associated with red panda presence. Likewise, tree height (P˂ 0.01), distance to water source (P˂ 0.01) and DBH of tree (P˂ 0.01) were negatively associated. The most preferred aspect was found to be North-West (31%) with the average slope of 30o. Tree branches were mostly used substrate by the red panda for defecation (56.36%). Mostly used tree species for defecation was Hymenodictylon excelsum (26%). This study has provided vivid information about the presence of red panda in one of the potential regions outside protected area. Further research should be conducted to find out distribution pattern, abundance and association of red panda with different habitat characteristics throughout the Bhojpur district.
Three Hypostases of Chinese Zero: Causes, Problems, Solutions
Authors:   Moscow City University (Moscow, Russian Federation), Bankova Liudmila L.
Published: March 2022

The article analyses two problems connected with the members of the 0 - O - W triad: the practical one and the theoretical one. The former lies in delimiting the spheres of use of the different forms of zero. Due to similarities in the graphic representations of the first two signs of the triad as well as the peculiarities of the use of the second and third signs, occasionally there is confusion in their transcription. The second problem - the theoretical one - is whether it is appropriate to count O as a Chinese character. The problems are solved with consideration of the respective normative regulation (National Standards and Acts) that govern the use of every member of the 0 - O - W triad. The triad members are considered not only structurally, like in prior works, but also using the semiotic and cognitive approaches. Within the framework of the cognitive approach, from the perspective of the prototypes theory, a scalar method, which is based on ten criteria the author developed, is used. In order to solve the two problems, the study considers the historical prerequisites of today's variability in the transcription of the zero. A diachronic perspective has allowed us not only to explain the reasons for the existence of the three signs to denominate a single referent but also to predict the tendencies for further development of the graphic representation of the zero in Chinese. The study also analyses typical mistakes in transcriptions of the 0 -O - W triad. Moreover, the semiotic status of every variety of denoting “zero” has been determined thus answering whether O is a Chinese character or not. As a result of the research, the author has come to the conclusion that O was the first to denote “zero” in China. Later, the Chinese character “W” acquired a similar meaning. By the 20th century the Arabic number “0” came into common use. At the same time none of the 0 - O - W triad members ceased to be used. None of the three, while having the same pronunciation - [lmg], are fully identical. From the point of view of pragmatics, their functions and spheres of use are clearly regulated, and it is not a question of free interchangeability. According to regulatory acts, the major principle of distinguishing between the use of O and W is that W is usedin measures, calculations, and estimations while O is appropriate in numbering, marking, and assignment of numbers. From the point of view of the language theory (the semiotic approach) and as a result of the scalar approach, it has been proved that the major difference is in the alphanumeric nature of the three variations of “zero”: 0 is a mathematical sign (a digit), W is alanguage sign (a word, aChinesecharacter), and O is not a language sign, hence, it may not be counted as a proper Chinese character. In this regard, it is possible to define the latter as a sign transitioning from one kind to the other.
Nikolai Berdyaev Reads Symeon the New Theologian
Authors:   Sociological Institute of the RAS: Branch of the Federal Center of Theoretical and Applied Sociology of the Russian Academy of Sciences, Khakhalova Anna A.
Published: March 2022

The article discusses how Nikolai Berdyaev elaborates his conception of Godman based on mystical texts of Symeon the New Theologian. The article demonstrates that one can find the roots of Berdyaev's personalism in Byzantine theology with its explored theory of deification. An interesting point of this theory is an idea that a person transcends their own individual constrains becoming a Christ - Godman with their specific personality (hypostasis). The author focuses mainly on two main works by Berdyaev: The Philosophy of Free Spirit and The Meaning of the Creative Act. These books contain the most significant points of Berdyaev's thought on personality and creative freedom. Since Berdyaev cites Byzantine theologians, the author concentrates on Symeon the New Theologian, whom Berdyaev most frequently mentions. The choice is also supported by historical research of Russian intellectual trends in the early twentieth century, in which Symeon was quite an influential person. The author also notices the heritage of the famous Russian patrologist I. Popov, who could have an impact on the Russian philosophical tradition and on Berdyaev's thought particularly. As a leading method, hermeneutics with elements of historical-philosophical analysis is applied. First, the author examines the issue of Byzantine heritage translation into Russian in the early twentieth century. She learns that, at the time Berdyaev published his two main books, two translations of Symeon were more than assimilated by Russian readers - his Hymns and Epistles. The author emphasizes Berdyaev's interest in fragments of Symeon's texts on a bodily transformation of a person who experiences the process of deification, God's grace and love. The study revealed differences between the Byzantine theory of deification and Berdyaev's understanding of it. Whereas Symeon speaks about divine fear and love as a whole, Berdyaev insists on the feeling of love, withdrawing fear as a negative emotion. The author traces Berdyaev's line of argumentation, which is based on the existential personalist idea of relations between two or more equal participants. Berdyaev presents God as the other, who can feel anger or sorrow, or craving for the lover (man). Berdyaev understands divine fear as an Old Testament's characteristic which Jesus Christ, who symbolized the idea of equality between God and Man, overcame. On the contrary, according to the official dogmatic line of the Eastern Church, man should feel fear in front of God due to their different ontological statuses. Consequently, the mystical experience of love is more complicated than Berdyeav's one. The article strengthens the difference between these two conceptions by analyzing the Russian translation of Symeon's Epistles, which also differs from the original. The article demonstrates the divergences between Symeon the New Theologian's and Nikolai Berdyaev's conceptions of God-human relations.
CROWD VOTING VIA ONLINE PLATFORMS AS A WAY OF CITIZENS’ PUBLIC PARTICIPATION IN THE DEVELOPMENT OF MUNICIPALITIES (THE ACTIVE CITIZEN CASE, MOSCOW)
Authors:   Ural Federal University named after the first President of Russia B.N. Yeltsin, Arkhipova E.B. , Starshinova A.V. ,   Ural Federal University named after the first President of Russia B.N. Yeltsin
Published: March 2022

Based on the theory of S. Arnstein, the paper considers crowd voting as one of the management levels available to citizens. The authors analyzed the Moscow online voting platform Active Citizen. Proceeding from the open data on the platform, the authors composed the socio-demographic profile of users, evaluated the proportion of active participation, the extent of their engagement in the voting processes depending on the themes of the problems brought to the attention of the townspeople.
Reciprocity in Intergenerational Mutual Aid: Students' Opinion
Authors:   Ural State University of Economics, Sharin Valery I.
Published: March 2022

The article examines family social assistance relations. Researchers give ambiguous assessments of the nature of intergenerational relationships of mutual assistance between parents and their adult children who are students. Therefore, the research aim is to determine the nature of the relationship of family-related assistance in families with student children and the impact on family assistance of the type of (joint or separate) residence of children with parents. The methodological basis of the research was the developments of the theory of reciprocity by B. Malinovsky and K. Polanyi, the concept of social assistance by N. Luhmann, as well as works of leading foreign and Russian scholars. The research was conducted on the basis of a set of general scientific methods of systems analysis, generalization and systematization, comparison, and a questionnaire. The empirical basis of the research is a survey of 300 students and 12 individual semi-structured interviews of students of the Ural State University of Economics, held in 2020. The survey and interview data were analyzed to identify the nature and motivations of family assistance in families with student children, as well as the influence of the factor of joint or separate residence of children with parents. The study shows that the relationship of family assistance in families with student children is interdependent, symmetrical, and nonequivalent, that is, based on the principle of reciprocity. A person's motivation for family assistance forms under the influence of a situation objectively perceived as requiring the support of a family member and the potential helper's readiness to assist and the person helped to be assisted. Students' support for their parents is based on non-economic motives that reflect family solidarity, feelings of reciprocity and commitment. The factor of separate or joint residence of parents and student children affects the relationship of family assistance. Thus, in families where student children live together with their parents, a higher level of intergenerational mutual assistance is established. In these families, parents and student children are much more likely to help each other on a regular, permanent basis; children are more likely to provide parents with financial assistance, emotional and psychological support, assistance in caring for parents and in household management. Material, emotional and psychological support from parents is at a high level, regardless of the type of residence.
Organization of Hunting and Trade Economy in Vitim-Olyokminsky District in 1930–1938
Authors:   Transbaikal State University, Bespalko Denis N.
Published: March 2022

The article presents a comprehensive study of the problems of the hunting and trade economy of Vitim-Olyokminsky District in 1930-1938. The source base of the research is represented by documents of the State Archive of Zabaikalsky Krai that have not been introduced into academic discourse. Among them are documents of the district and regional planning of fur stocks, as well as reports on the economic and cultural development of the district over a 5-year period, from 1931 to 1936, which outlined the fundamental directions of the development of traditional sectors of the economy and, first of all, the fur trade. Particularly valuable are the field materials of land surveying and research expeditions, which left detailed reports on the statistical and economic state of the district. The study of the topic was carried out in accordance with the basic principles of historical research, the principles of objectivity and historicism. Based on these principles, the article defines and uses a number of methods of scientific knowledge: historical-genetic, historical-comparative, concrete-historical. In the course of the study, the following aspects are consistently analyzed: the state of the regulatory framework for the introduction of new practice in trade legislation, the regulation of the hunting process and the procurement of fur raw materials, their implementation and control in the hunting areas and organizational and delivery fees, objective difficulties in practical implementation, planning of fur harvesting by regional and district harvesting structures, the difference in indicators arising on a given soil. The features of the quarterly allocation and its implementation, the problems of organizing labor and overcoming the systemic crisis of the trade industry of the national economy, the timing of the trade season, the technique of procurement of fur raw materials are thoroughly disclosed. The implementation of the program of biological and zootechnical measures aimed at enriching the commercial fauna of the district is considered. The district and regional authorities, within the indicated chronological framework, were forced to hastily solve complex problems that existed in the region in prerevolutionary times and aggravated in the 1920s-1930s. A significant part of the planned activities was implemented through trial and error; nevertheless, this contributed to the general growth of the fur raw material sector of the economy and an increase in the level of commercial labor productivity. At the same time, the greatest difficulties were in personnel and financial problems - they became the main reasons for the inhibited development of the entire organizational and technical complex of the district trade industry.
Voluntary Agricultural Societies in the Context of the Sociocultural Transformation and Etatisation of the Legal and Political System of the Soviet State
Authors:   Kemerovo State University, Bogolyubov Egor A.
Published: March 2022

The research focuses on the place and role of public organizations in Soviet Russia in the 1920s. The empirical basis of the research is archival materials and normative legal acts on the activities of agricultural societies. The author notes that agricultural societies, like other voluntary societies, were liquidated in the late 1920s. This circumstance allows concluding that all the processes that took place with other public organizations at this time were reflected in the functioning of agricultural societies. From 1917 to the early 1920s, pre-revolutionary agricultural societies were involved in the work of Soviet bodies. In 1922, the NKVD began to register agricultural societies. In 1923, an attempt was made to provide special legal regulation of their activities. Placing agricultural societies in a separate category of public organizations, in fact, continued the pre-revolutionary tradition since these societies again received separate legal regulation. However, this approach was soon abandoned, and agricultural societies were again subject to general regulation. In the late 1920s, the process of Sovietization of the public sector began. The reasons for the liquidation of agricultural societies were: poor cultural work; poor financial condition; lack of all-Russian coverage, and others. Similar reasons for the closure were contained in other resolutions on the closure of public organizations of this period. Important in this time is the general attitude of the Soviet government to establish control over agriculture. The creation of local land departments, the Michurin Movement, propaganda work in the village, collectivization - all these activities displaced the public initiative. The state and the party aspired to the sole leadership of agriculture. Thus, the liquidation of agricultural organizations became a reflection of two interrelated processes. On the one hand, it was a process of suppressing civil initiative and identifying state and party interests with public ones. On the other hand, it was the process of building an administrative and command management system in agriculture. For this reason, peasants lost creativity in their work and their interest in the result. Agricultural societies lost their target audience: the initiative peasant. Therefore, in the conditions of socio-cultural transformation and etatisation of the legal and political system of the Soviet state, voluntary agricultural societies were simply not needed.
Labor Resources of the Northern Village in 1939-1959 (Based on the Materials of Vologda and Kirov Oblasts)
Authors:   Vologda State University, Ilina Olga V. , Konyshev Denis N. ,   Volga-Vyatka Institute of the Kutafin Moscow State University
Published: March 2022

The article attempts to show changes in the number and composition of the rural population of Vologda and Kirov Oblasts during the period of history crucial for the village, the key event of which was the Great Patriotic War. To analyze the demographic processes that took place in Vologda and Vyatka villages, a wide range of sources were used, based on published and archived statistical materials. The published data include the all-Union population censuses of 1939 and 1959, which contain information about the total number of inhabitants of the regions and show the rate of urban and rural population. Information about the number of citizens mobilized to the front and those who died during the war years is taken from the federal and regional memorial books. Data from reports of civil registry offices and resettlement departments allowed characterizing changes in the natural migration of the rural population from the village to the city. The annual reports of the collective farms helped to form an idea of transformations of the working-age population and the gender and age composition of the villagers. The analysis of the presented sources allowed drawing the following conclusions. By the early 1940s, in the majority of the country's regions, including the areas under study, the rural population dominated, and their agricultural specialization determined their belonging to the collective farm system. The usual way of life was disrupted by the war, most of the citizens mobilized to the front were called up from rural areas. This situation had a negative impact on the village labor resources. In the village, there was a shortage of male workers, which was compensated by increasing the burden on women, children, and the elderly to meet the state agricultural indicators. The reduction of labour force affected the quality of work leading to delays in its timely completion. The end of the war and the Red Army demobilization could not fill the village labor resources as many men perished on the war fronts. The state policy in the post-war emergency period did not change in relation to the village, which continued to be used as a labor and raw material resource for urban reconstruction and development. The rural residents' active migration in the post-war period led to a further reduction in the population of rural settlements. The reduction of rural labor and the state policy of enlarging collective farms contributed to the formation of a new settlement pattern, demonstrating the decay of small villages. Disintegration of the peasantry in villages, which collectivization had started, entered the final straight in the 1940s-1950s.
The Principles of Biosocial Evolution and the Main Morphological Innovations in Anthropogenesis
Authors:   Institute of Philosophy and Law of the Siberian Branch of the Russian Academy of Sciences, Rozov Nikolay S. ,   Novosibirsk State University,   Novosibirsk State Technical University
Published: March 2022

The theoretical reconstruction of the mechanisms of the main morphological changes in anthropogenesis is carried out on the basis of combining the principles of biological and social evolution. A. Toynbee's “challenge-response” scheme and A. Stinchcombe's “homeostatic variable - providing structure - costs and tensions that generate new needs and concerns” construction provide a “common denominator” for the integration of these principles. Organic structures and instincts are formed through mutations, sexual and group selection (Darwinian evolution), while structures of behavior including the psyche are formed much faster, they can be flexibly changed or even purposefully constructed on the basis of patterns transmitted through cultural channels (Lamarckian evolution). The principles of biosocial evolution formulated on this basis include the following ideas and provisions: the occurence of radical transformations through responses to challenges with rigid group and sexual selection; the absence of complete gaps between the starting and ending points of an evolutionary period; the advantage of clashing varieties; the advantage of a variety of available structures in the body and behavior; the spiral of selection i.e. the generation of new concerns and challenges due to the costs of operating structures; the predominant use of “magic wands” as potentially multifunctional structures; the principle of genetic-cultural co-evolution; the principle of multilevel selection; the principle of canalized evolution; the termination of search for new structures due to the success of the previous ones. The initial long-term driver of radical changes was the stress of the transition of ancient hominids to terrestrial life and upright walking, when they became vulnerable to large terrestrial predators and had to find food in some new ways. Intra-group solidarity and coordination of behavior, special ingenuity and learning ability became the main supporting structures of the corresponding concerns. New concerns and practices coupled with changing environmental conditions have led to selection pressures and radical morphological innovations. On the basis of the formulated principles of evolution, the mechanisms of such changes as the loss of powerful jaws with large canines, brain development, anatomical changes in the skull and hands, deprivation of hair on the body were reconstructed.
An Analysis of Young Footballers' Motor Activity and Physical Fitness During Remote Training Sessions During the Pandemic
Authors:   University of Tyumen, Cherkasov Vladimir V. , Cherkasova Irina I. ,   D.I. Mendeleev Tobolsk Pedagogical Institute, Branch of the University of Tyumen, Pestryakov Nikolay N. ,   University of Tyumen
Published: March 2022

This article deals with the problems of performing physical exercises by young footballers under pandemic conditions. The restrictions imposed due to COVID-19 led to a decrease in all forms of motor activity, which negatively affected physical conditions and required search for new means, methods and forms of the training process organization under a self-isolation regime. To determine the impact of independent forms of performing physical exercises on motor activity and physical fitness, a study was carried out, in which 18 boys aged 9 and 10, members of a football club, took part. For independent forms of young footballers' exercising, sets of exercises were designed to improve flexibility, strength and coordination abilities; accompanying video footage with methodological guidelines was prepared. An analysis of scientific papers, a questionnaire, a review of self-monitoring diaries, methods of mathematical statistics were used as research methods. Based on the research findings, it was established that the introduction of the self-isolation regime caused a 20.5% (p<0.01) drop in the general level of motor activity; duration of children's stay in motionless position throughout the day rose by 12.3%; specific indicators of motor activity characterizing its amount and intensity declined on average by 32.2%. The analysis of the test subjects' physical fitness at research stages identified an increase in physical strength and flexibility indicators. The result of the flexibility test improved by 20% (p>0.05); the growth in the test of muscular endurance and strength of the arms was 22.6% (p<0.01); of sit-ups and standing jumps 2.6% and 1.3% (p>0.05) respectively. Negative trends of indicators on average by 3% (p>0.05) were found in the tests of general endurance, speed and coordination abilities. To eliminate the imbalance in the level of physical skills development with independent exercising under a self-isolation regime, means of physical fitness should include exercises performed with the use of exercise devices (cardiovascular equipment, bicycle ergometers and other similar technical devices) that promote the development of general endurance and speed abilities. The design of sets of strength training exercises in various forms and the use of tasks based on competitive gaming method in the mode of remote contact with team members can encourage an increase in motivation for independent physical exercising.
Ensuring Property Rights of Participants in Criminal Proceedings in the Imposition of Arrest on Property: Problems and Solutions
Authors:   Kuban State University, Gladysheva Olga V. , Ulyanov Vladimir G. ,   Kuban State University
Published: March 2022

The object of the study is the modern theoretical and legal problems of ensuring the rights of “third parties” in criminal proceedings in the case of the application of the seizure of property. The author aims to: 1) identify problems of legal regulation of the procedural status of persons whose property may be seized; 2) determine the criteria for the validity of the seizure of property in general and its individual types, in particular (for example, the seizure of shares); 3) propose ways to solve the problems of protecting the rights of persons who are not official participants in criminal proceedings, whose property has been seized. The research is based on the study of scientific sources, the legislative basis of criminal proceedings, subordinate and related official documents (resolutions of the Plenum of the Supreme Court of the Russian Federation, legal positions of the Constitutional Court of the Russian Federation, statistical data, published judicial practice). Generalization, synthesis, abstraction, various types of analysis (systems, structural-functional, formal-logical, formal-legal and comparative-legal), legal modeling, legal-sociological and legal statistics methods were used. The authors make the following conclusions: (1) the coincidence in the main parameters of the procedure for the imposition of arrest on property and investigative actions testifies to the complex nature of the former, its fulfillment of a double task: the formation of evidence and the provision of possible property penalties; (2) the restriction of the constitutional right of ownership when seizing the property of one person affects (directly, indirectly, impliedly, potentially) the rights and legitimate interests of a wider range of persons, including legal ones. Economic relations in such conditions become unstable, and economic entities suffer excessive (and unjustified) losses. The authors propose to draw the legislator's attention to the need to regulate the procedural potential of persons (so-called “third parties”) whose rights and legitimate interests may be affected by the seizure of the property of other persons; (3) the procedure for the imposition of arrest on property presupposes the existence of sufficient grounds. The category is evaluative, it acquires a large share of subjectivity, which allows suggesting the expediency of changing it to the “presence of sufficient evidence confirming the fact of obtaining property by criminal means”.
Alternative Penal Law as an Emerging-Branch of Penal Law
Authors:   Academy of the Federal Penitentiary Service of Russia, Golovastova Yulia A.
Published: March 2022

In the article, the author discusses the possibility of distinguishing within the framework of penal law a relatively separate regulatory subsystem, which is a set of legal norms regulating the execution of criminal penalties against convicted persons that are not related to isolation from society, and separating them into a new self-sufficient sub-branch of penal law. The study aims to understand the processes of differentiation and integration present in penal law, and to assess the prospects for the allocation of a new sub-branch in the matter of penal law - alternative penal law. The objectives of the study are to define the concept of alternative penal law and its place in the system of penal law; to analyze the system-forming factors in penal law; to identify the criteria for distinguishing general, subject-based and functional institutions within the framework of alternative penal law; to formulate proposals for improving the separate normative subsystem “alternative penal law” that affect the structure and content of the Penal Code of the Russian Federation. In the course of the research, general and specific methods of scientific cognition were used: dialectical, formal-logical, functional, system-structural, comparative-legal, as well as the method of legal modeling. The author presents arguments in favor of the separation of the norms of penal law that regulate the part of the subject of penal law. As a structure-forming factor that unites institutions in alternative penal law, the author notes the form of criminal liability implementation - criminal penalties that are not related to isolation from society. The author analyzes the institutions of the future general and special parts of alternative penal law, which emphasize the existing institutional insufficiency of penal law norms regulating the legal status of convicts serving criminal sentences that are not related to isolation from society. To assess the current state of the regulatory subsystem of alternative penal law and its ability to grow to a higher level, the following criteria are used: its own object and method of legal regulation; special subject-based composition of alternative penal relations; the presence of an autonomous leading goal; its own principles; complex intra-structural differentiation represented by homogeneous and single-order institutions of penal law; legislative isolation of the alternative penal sphere. The author formulates the conclusion that today only the rudiments of alternative penal law have been formed as an integral part of the system of the branch of penal law, a part that only claims the status of an emerging sub-branch.
Formation of the Legal Culture of Minors in the Digitalization of Society's Legal Life
Authors:   Moscow State Regional University, Pevtsova Elena A. , Sapogov Vladimir M. ,   Pskov State University
Published: March 2022

The formation of the legal culture and legal consciousness of minors in modern society has increasingly been influenced by the digital space in which modern teenagers and minors live and study, which can affect the emergence in the near future of essential changes in public legal consciousness. Such changes include, first of all, a new state of the logical-normative, emotional-figurative and behavioral components of legal consciousness. The aim of the study is to identify the characteristics of the formation of the legal culture and legal awareness of minors using cyberspace as a source of information about law and an environment for legal communication. The object of the study is the content, structure and basis for the formation of the legal culture and legal awareness of minors as an independent socio-demographic group. The article used a systematic and comprehensive approach to the study of the problem from the perspective of various sciences: jurisprudence, psychology, pedagogy, sociology, philosophy. The methodological basis of the study was the dialectical method of cognition, the general laws of the emergence, formation and development of legal phenomena, comparative legal and general scientific methods (analysis, synthesis, comparison and generalization). The article provides an analysis of possible approaches to the organization of the process of formation of cognitive, motivational-evaluative and activity components of the high level of a minor's legal culture in the digital space. The issues of creating an educational electronic space are disclosed. The problem of assessing the level of formation of a minor's legal culture and legal awareness through the lens of their participation in legal life is addressed. The authors believe that the formation of the legal culture and legal consciousness of a minor goes from the usual, practical level to the theoretical one, and in this development the leading role belongs to legal education and upbringing. The allocation of the ordinary virtual-game level of legal consciousness in minors is justified, which begins to dominate, replacing other levels of legal consciousness, in the digital world. In the context of consideration of the characteristics of the legal self-development of a minor, conclusions are drawn on the possibility of presenting the legal culture of minors as a combination of manifestations of the characteristics of their legal consciousness and legal solidarity mainly in the virtual space.
Milestones in the Formation of China's Constitutional Legislation: A Look Through One Hundred Years Since the Creation of the CPC
Authors:   Beijing Institute of Technology, Song Lei ,   Lomonosov Moscow State University
Published: March 2022

This article highlights the chronology of the formation of Chinese constitutional legislation under the leadership of the Chinese Communist Party and on this basis analyzes the active role of the CCP in this process. The author studied the development of the Chinese Constitution and the related legislation. This process has gone through a thorny path: inception (1927-1949), formation (1949-1966), stagnation (1966-1978), further development (1978-2012), and finally improvement (2012 - present). The main research methods were formal-legal (used to study the texts of the laws of China from 1927 to the present). The author identified the advantages and disadvantages of rule-making activities in the field of public law in China. In the course of the study, the author found that the creation of the CPC was a landmark event in the history of both the country and the whole world in 1921. In 2021, the CPC celebrates its centennial anniversary. As this difficult century has shown, comprehensive governance of the state on a legal basis is a key guarantee, essential for the commitment to this path and for its development, an indispensable condition for the modernization of the system and the potential of state governance. It is established that, under the leadership of the CPC, China tirelessly sought new solutions and invested great efforts in creating a rich and strong state, reviving the Chinese nation, and improving the people's well-being. During the founding of the People's Republic of China, in the period of reform and openness that followed, and in the new era of socialism with Chinese characteristics, the party played a key, decisive role in fulfilling all the tasks associated with the formation of these laws. As a result of the analysis, the author concludes that the party leadership, the people as the rightful owner of their country and the government of the state on the basis of law are closely related to each other and constitute an organism characterized by internal unity. As the experience of creating constitutional legislation shows, China needs to adhere to the organic unity of these three elements in practice. It is necessary to improve the system of implementation, control and guarantee of legal governance, to protect the authority of constitutional legislation. It is necessary to maintain and improve the institutional framework of the National People's Congress, continuously modernize the technique of lawmaking and improve its quality, and continue to deepen and develop scientific and democratic legislative work, recognize the importance of China's own conditions and national specifics, and study the fruits and experience of creating foreign constitutional legislation.
Graghics of Old Believers' Domestic Manuscripts in the Aspect of Confessional Traditionalism
Authors:   Tomsk State University (Tomsk, Russian Federation), Starikova Galina N. , Liu Si ,   Tomsk State University (Tomsk, Russian Federation)
Published: March 2022

The article substantiates the introduction of the problem of graphics into linguistic research. The research material was two diaries of Tomsk Old Believers written by a man (in 1915-1923) and a woman (in 1956-1975) in the late semi-uncial. These texts have graphic and content archaic elements. They use a specific chronology, the September year, the overnight boundary (the generally accepted 6 p.m.). These and some other features are considered as symbols of confessional traditionalism. The material confirms the high significance of the late semi-uncial, which follows book samples of the sacred texts of the late Old Russian writing, for Old Believers. Notes in this script, with all its graphic variation, are much neater than the rare cursive inserts, extremely sloppy and hardly readable, in the analyzed texts. This indicates the priority of the semi-uncial script for this confessional community. The texts reflect such traditional features of the late semi-uncial as the alphabetic numeral system, frequent concatenation, various abbreviations, diacritics, simplified punctuation, broken geometry principle of writing, proportionality of graphemes, their angularity, the absence of hyphenation and some letters (k and re), changes in writing letters. The comparison of graphics from the diaries written in different time periods showed its simplification in the woman's diary. The woman is inconsistent in the use of the final hard sign; she uses superscripts rarely and inconsistently, etc. All these features show us the influence of the cursive on the late semiuncial because some graphemes in her texts are clearly comparable to the civil cursive. The influence of the civil script and the erosion of the tradition of the semi-uncial one is the evidence of the poorly differentiated use of graphic doublets, the significantly greater functional load of the civil versions of the letters, errors in the titling of words, as well as the absence of the Yat letter in the woman's alphabet. The use of the semi-uncial in domestic texts is the marker of the confessional significance of the handwriting and texts of the genre. It allows clarifying the development of the chronicle genre, which flourished in the pre-Reformation period and which Old Believers consider an exemplary one. This can be proved by the prevalence of such diaries in the Old Believers' environment, the beginnings of records typical for chronicles, the cliched nature of the records, as well as the graphic design of the text.
“Non-Classical” Models of the Digital Economy
Authors:   Lobachevsky State University of Nizhny Novgorod, Astashova Nadezhda D. , Bobkova Tatiana V. ,   Nizhny Novgorod Machine Plant
Published: March 2022

The article considers the problem of forming specific models of the digital economy. The authors aim to carry out a systematic analysis of current trends in the modern economy in their comparison with the previous contexts of the development of the socioeconomic thought and cultural features of modern society. The method of critical analysis allows rethinking the stable ideas that have developed in science and identifying the uniqueness of the digital economy. The authors examine the concepts of the classical economic theory, economic rationality and irrationality, behavioral economics, gift economy, cultural industry, consciousness industry, information and aesthetic production. They conclude that the economic and social studies of recent decades highlight irrational motives of the behavior of participants in the economic system, which contradicts the classical economic theory. The digital economy is actively taking up new trends, creating conditions for the transformation of traditional sectors of the economy and the emergence of new business models. We have witnessed how information and knowledge have become the strategic resources of the modern economic system as a result of which we can observe a narrowing of material production and a simultaneous rapid growing of the “information industry”. Despite all the criticism of technological mediation, the digital approach allows addressing the mental and emotional life of a person through new economic resources and categories such as information products, intellectual resources, symbolic good and utility, reputation capital, etc. It is quite obvious that the assertion of the priority of intangible assets in the market encourages not only the use of Internet information platforms, but also an unconventional view of the digital economy. This view is based on the identification of the processes of mental measurement of information as an object of the economy; these processes no longer fit into traditional models and radically change the ideas of wealth, profit, efficiency and other economic concepts. The scale of such changes suggests a change in the economic paradigm, for which a creative approach aimed at finding non-standard solutions is the most popular service on the market. In this situation, it can be assumed that as an alternative to the “economy of formally rational standards”, aimed at a quantitative, calculable result and indifferent to the content of interactions, the “gift economy” will acquire a new meaning. In the authors' opinion, with the excessive technology-based modern living conditions, the “gift economy” -a model prioritizing human relations - as a format for the development of the digital economy should contribute to the further progress of society.