bluuebunny/crossref_metadata_2025_split huggingface dataset:
The principle of legality and the provision “the judge is subject to the law” in the context of the doctrine of the development of law contra legem
Authors: Ghambaryan A. S. 
Published: January 2024

The research subject. This study focuses on the correlation between the doctrine of development of law contra legem and the principle of legality, with a specific emphasis on the position that “judge submits to the law”.The purpose of the research. The objective of this research is to examine the compatibility of the doctrine of development of law contra legem with the principle of legality and evaluate the applicability of the "fourteen-year-old child" formula in assessing legislative regulations.Methodology. This research utilizes a legal analysis and conceptual examination of the doctrine of development of law contra legem and the principle of legality. It also involves a comparative analysis of legal principles within the post-Soviet context.Main results of the research. The analysis reveals that strict adherence to the principle of legality may not always align with societal interests. The doctrine of development of law contra legem provides an exception to the principle, allowing judges to evaluate and challenge the illogicality or unfairness of legislative regulations. The "fourteen-year-old child" formula, with its low standards for determining such flaws, safeguards judicial independence and shields judges from potential political pressures.Scope of application. The findings of this research can be applied within the legal framework, particularly in post-Soviet jurisdictions, where the interplay between the principle of legality and the doctrine of development of law contra legem is of significant relevance.Conclusion. The strict fulfillment of the requirements of the law (legality) is not a goal, but a means of ensuring the certainty and stability of the rule of law, the harmonization of public life. Based on the doctrine of the development of law contra legem, the communication of the post-Soviet judge and legislator should be viewed from the perspective of a three-layered relationship of “subordination – cooperation – opposition”.
Current trends in medical examinations of traffic-related workers
Authors: Klepalova Yu. I. , Shcherbakova O. V. 
Published: January 2024

The subject of this study is the legal norms that establish the list of subjects to undergo compulsory medical examination, factors to be assessed during medical examination, as well as the procedure of medical examinations. The article is dedicated to the major aspects of the legal regulation of the procedure for medical examinations of workers engaged in the transportation.The purpose of the study is to identify trends in the legal regulation of medical examinations of workers engaged in the transportation, including those caused by the introduction of digitalization in these processes.Methodology. The empirical study consists of several stages. At the first stage, there was a sampling of types of transportation: road, railroad, water transportation and mass rapid transit. In the framework of the second stage the legislation regulating medical examinations of workers employed in these types of transport was analyzed using systemic, formal-legal and comparative-legal methods.The results of the study show that to date the legal regulation of the procedure of medical examinations using telemedicine technologies is being formed in some types of transportation. At the same time, the methods of medical examinations, indicators and psycho-traumatic factors have not been adjusted to the examination with digital technologies.Conclusions. There is a need for a differentiated approach to the legal regulation of medical examination of workers engaged in the transportation, depending on the type of transport. The authors draw attention to the outdated legal regulation of certain issues. For example, the list of professions of the ship staff of marine and inland water transport, the instruction on compulsory and periodic medical examinations was approved in 1989, and was canceled over 10 years ago.In connection with the growing interest in the development of high-speed railroad transportation, we believe that the regulations governing medical examinations of workers engaged in the transportation should be revised due to the need to include special norms establishing special studies or additional procedures required for admission to work in high-speed transportation.In addition, the authors suggest that employers should be granted the right to send their employees engaged in the transportation, whose employment contract has been suspended on the basis of the military service selection under mobilization of the Armed Forces of the Russian Federation, to take special medical examinations.
The vicissitudes of the transformation of university legal education in the first years of Soviet power (1917-1920s)
Authors: Ivanenko Vitaly S. 
Published: January 2024

The subject. The article examines the history of the formation of university legal education in a very difficult period of the first years of Soviet power (1917-1930), in which it was subjected to great trials.The purpose of the article is to reveal the causes, forms and confrontational nature of the relationship between the Soviet government and the university community in the first time after the October Revolution.Methodology. A series of structural experiments is analyzed, some of them are illustrated on materials, including archival ones, of Petrograd (Leningrad) University, which was at that time one of the largest universities in the country.Main results. The difficulties of transformation in 1918-1919 of law faculties of universities into legal departments of a new organizational form – faculties of social sciences are shown. Legal departments structurally included, as a rule, two cycles: judicial and administrative. The term of study was reduced to 3 years. Legal departments were created with the aim of forming new legal personnel for "socialist construction". The conditions of admission and the content of students' education are changing. In the beginning, absolutely everyone could study at universities, regardless of citizenship and gender, who had reached the age of 16. Entrance exams were canceled, even documents on secondary education were optional. The status of teachers has changed significantly. Lectures and seminars were mostly replaced by the "brigade-laboratory method" of teaching: the teaching material was studied by teams of a dozen students led by a foreman; the tasks involved independent study of literature and analysis of practical incidents; the teacher was involved in the process only if students had difficulties. Another innovation was the practice of students in justice institutions organized since 1922. However, the faculties of social sciences did not meet the expectations of the Soviet government and in the mid-1920s they were closed. Instead, faculties of Soviet law were opened at universities with two departments – judicial and economic and administrative. They were also closed in 1930-1931. Instead, specialized legal institutions were created under the jurisdiction of the People's Commissariat of Justice.Conclusions. Despite all the government search experiments with their mistakes and failures, the liquidation of university law faculties in the 1930s and early 1940s, since the 1940s, the training of lawyers at universities has nevertheless been resumed, continuing the traditions of the centuries-old domestic law school to provide the country with highly qualified legal personnel.
From social contradiction to social competition as the basic legal regime (mode) of statehood (Part II)
Authors: Butakov A. V. 
Published: January 2024

The subject of the article is social competition as the basic legal regime (mode) of statehood as a systemic channel that determines the functioning of property as a goal and the state as a means.The aim of the article is to confirm or refute hypothesis that the resolution of social contradictions is a kind of legal regime for the realization of property as the fundamental purpose of the existence of the state.According to the author's methodology of normative structuralism, the assignment to each mode of property organization of a specific function (social development function, social compromise (convergence) function, social security function) generated the corresponding potential for the emergence and existence of social contradictions, where the state as an artificial (reasonable) sufficiency had to direct the energy of the said contradictions into the normative-legal channel and thus ensure the existence of social competition.The main results. The restriction and leveling of social competition and the transition to domination as the basic legal regime (mode) of statehood destroys the natural mechanism for resolving social contradictions and transfers this mechanism to the plane of directive political and ideological expediency. As a result, the power of the structural organization of the state is transformed into a goal of its existence, and property only into a means of realizing this goal. There is a disavowal of property as a fundamental goal of the existence of the state; the escalation of its imperialization begins, triggering the destruction of social competition as the basic legal regime (mode) of statehood. There is a danger of an existential rupture between the three most important social institutions of human civilization: property, competition, and the state.Society, constituting the creation of the state as artificial (reasonable) sufficiency, through the functioning of the structural organization of power has fixed the fundamental purpose of existence - property in the form of an integral structural platform of the main ways of its organization (private (individualized), mixed (corporate), general (collective)), assigning to each of them the execution of the corresponding social function.Conclusions. Society, realizing the existence of a social contradiction, purposefully forms appropriate ways (rules) to overcome them to ensure its progressive development. The essence of the legal regime as the existence of the resolution of this social contradiction can be defined by the concept of “competition”.
Accessible environment in municipalities of the Russian Federation
Authors: Dityatkovsky M. Yu. 
Published: January 2024

The subject. This article discusses the main issues related to the competence of local governments in the field of providing an accessible environment for the disabled.Methodology. The paper analyzes the federal legislation regulating the powers of local self-government bodies in the field of providing an accessible environment for the disabled, and discusses the essence of these powers.Main results, scope of application. The powers of local self-government bodies in the field of providing an accessible environment for the disabled should be considered, first of all, as the powers of the owner.At the same time, the powers of the owner are not the only powers of local governments in this area. Local self-government bodies participate in activities to ensure that disabled people living on the territory of the relevant municipalities have equal opportunities with other citizens in the exercise of their rights and freedoms provided for by the Constitution of the Russian Federation. Based on this, local self-government bodies should participate in providing an accessible environment for disabled people not only on municipal property, but also on the territory of the municipality as a whole, together with state authorities and organizations.The second group of powers of local self-government bodies in the field of providing an accessible environment for the disabled can include: (1) the powers of local self-government bodies, which are implemented by them when granting local self-government bodies separate state powers in the field of providing an accessible environment for the disabled; (2) the powers of local self-government bodies, which are implemented by them jointly with the state authorities of the subjects of the Russian Federation at the expense of subsidies from the regional budget as part of the implementation of measures of the state programs of the subjects of the Russian Federation on the accessible environment; (3) the powers of local self-government bodies to participate, together with public organizations of disabled people, in the work on certification of priority facilities and services in priority areas of life of disabled people and other low-mobility groups of the population, carried out by state authorities of the subjects of the Russian Federation.Conclusions. When considering the issue of the essence of the powers of local self-government bodies in the field of providing an accessible environment for the disabled, based on the analysis of the practice of the Russian Constitutional Court and the Supreme Court, it was revealed that by their nature these powers, as a rule, are neither separate state powers transferred to local self-government bodies for implementation, nor their own powers of local self-government bodies to address issues of local importance.
Art Film Writing in American Modernist Periodicals, 1910s–1930s
Authors: Sluga McKayla 
Published: January 2024

ABSTRACT
This article connects periodical and film studies to present a history of film criticism in the United States. Through modernist periodicals such as The Seven Arts and The Soil, the article traces film writing’s evolution from scattered articles in the 1910s to the creation of Experimental Cinema by 1930. Rediscovering these early film writings in relation to Experimental Cinema decenters trade journals and newspapers to emphasize developments outside of mainstream print. It also clarifies cinema’s historical role in American progressives’ projects of modernism in the twentieth century by offering intellectual, political, and cultural insights into film’s appearance in modernist periodicals.
Fungal flora associated with indian and foreign coins and their potential health risks
Authors: Navlani Drishti , Maheshwari Aditi , Thakkar Vidhatri , Taunk Roheel , Chaudhary Naitik , Arya Arun 
Published: January 2024

Potential role of spread of pathogenic microflora on coins and currency notes has been evaluated in different countries. Notes and currency coins may serve as universal vehicles for transmission of potentially pathogenic microorganisms among persons either directly, through hand to hand contact, or indirectly, through water and food. The Purpose of study was to do qualitative and quantitative analysis of microflora associated with new and old Indian and foreign coins.
Results of the study revealed that bacteria were present in most of the coins, more than 40% coins showed presence of fungi like Aspergillus niger, Curvularia lunata, Chaetomium globosum, Fusarium roseum and Trichoderma viride. Fungal species like Aspergillus niger and Fusarium roseum can cause bronchial diseases and may act as potential allergens and few of these are reported to cause skin problems. The use of digital transaction will reduce such harmful transmission of pathogenic microbes. Cleaning the coins with water or UV treatment may reduce the fungal load. But it has to be practised at regular intervals. Total 100 coins were screened of which 20 were foreign coins. Isolation from these coins resulted into 20 cultures and 6 non-sporulating mycelial forms. Oldest coins was 141 years and new coin was of the year 2015. Uncirculated Indian coin of 2003 was also tested for fungal occurrence.
Pengelolaan Sumber Daya Manusia Berbasis Pendidikan Agama Kristen dalam Peningkatan Mutu Pendidikan Kristen di Indonesia
Authors: Adu Desmon Ayub , Daniel Daniel 
Published: January 2024

The problem of the poor quality of Christian education still requires a solution today. This research aims to examine the importance of human resource management (HR) based on Christian Religious Education in improving the quality of Christian education in Indonesia. This research uses qualitative research methods by conducting document analysis. The data collected is analyzed using an inductive approach, which can help find findings and patterns that emerge from the documents collected. The research results show that HR management based on Christian Religious Education is carried out by maximizing managerial functions and operational functions based on Christian values which prioritize mutual respect, fairness and cooperation between members of the educational community for create an environment that is inclusive, has integrity, and is oriented towards holistic student development, as well as making a positive contribution to the quality of Christian education. AbstrakMasalah buruknya mutu pendidikan Kristen masih memerlukan solusi hingga saat ini. Penelitian ini bertujuan untuk mengkaji pentingnya manajemen sumber daya manusia (SDM) berbasis Pendidikan Agama Kristen dalam meningkatkan mutu pendidikan Kristen di Indonesia. Penelitian ini menggunakan metode penelitian kualitatif dengan melakukan analisis dokumen. Data yang dikumpulkan dianalisis menggunakan pendekatan induktif, yang dapat membantu menemukan temuan dan pola yang muncul dari dokumen yang dikumpulkan. Hasil penelitian menunjukkan bahwa manajemen SDM berbasis Pendidikan Agama Kristen dilakukan dengan memaksimalkan fungsi manajerial dan fungsi operasional dengan berasaskan pada nilai-nilai Kristiani yang mengedepankan sikap saling menghormati, adil, dan bekerja sama antar anggota komunitas pendidikan sehingga menciptakan lingkungan yang inklusif, berintegritas, dan berorientasi pada pengembangan siswa holistik, serta memberikan kontribusi positif bagi kualitas pendidikan Kristen.
Hubungan Kepribadian Guru dengan Sikap Siswa dalam Proses Pembelajaran
Authors: Siallagan Thomson , Barus Jamli 
Published: January 2024

AbstractEducation as "a conscious, systematic and continuous effort to transmit, generate or acquire either knowledge, attitudes, values, skills, or sensibilities, or any result of such an effort. A person's personality is the work of the Holy Spirit through the Word that we preach or proclaim; through the Gospel that we establish as the center of faith, we 'give birth' to them through the power of the Gospel and the Word by the Holy Spirit in the power of God. Then as the end goal of Christian education, they have the personality or character of Christ. The personality of a lecturer can basically be seen from his actions, speech, the way he associates, the way he dresses and the way he deals with every problem or issue he faces. Lecturers are professional educators who are tasked with developing the personality of students or now better known as student character. Adequate mastery of the personality competence of a lecturer will greatly help efforts to develop the character of his students. By presenting as a figure who can be di-gugu (trusted) and imitated. Psychologically, children tend to feel confident in what the teacher is teaching. Keywords: personality, student behaviour AbstrakPendidikan sebagai sebuah usaha sadar, sistematis dan berkesinambungan untuk menyalurkan, menghasilkan atau memperoleh pengetahuan, sikap, nilai, keterampilan atau kepekaan, serta segala sesuatu yang dihasilkan dari usaha tersebut. Kepribadian seseorang adalah karya Roh Kudus melalui Firman yang kita beritakan atau beritakan; melalui Injil yang kita tetapkan sebagai pusat iman, kita "melahirkan" mereka dengan kuasa Injil dan Firman melalui Roh Kudus dalam kuasa Allah. Kemudian, sebagai tujuan akhir dari pendidikan Kristen, mereka memiliki kepribadian atau karakter Kristus. Kepribadian seorang dosen pada dasarnya dapat dilihat dari tindakannya, tutur katanya, cara bergaulnya, cara berpakaiannya dan cara menyikapi setiap masalah atau persoalan yang dihadapinya. Dosen adalah pendidik profesional yang dibebani tugas untuk mengembangkan kepribadian mahasiswa, atau yang lebih dikenal dengan karakter mahasiswa. Penguasaan kompetensi kepribadian yang memadai dari seorang dosen akan sangat membantu upayanya dalam mengembangkan karakter mahasiswanya. Dengan menampilkan dirinya sebagai sosok yang dapat di-gugu (dipercaya) dan ditiru. Secara psikologis, anak cenderung mempercayai apa yang diajarkan oleh gurunya. Kata Kunci: kepribadian, sikap siswa
Alle origini dell’idea del Russkij mir
Authors: Codevilla Giovanni 
Published: January 2024

The origins of the idea of Russkij mir
ABSTRACT: The doctrine of Russkij mir is the result of a long historical process marked by the progressive distancing of Russian Orthodoxy from Constantinople with the refusal of the Grand Prince of Moscow to accept the decisions of the Council of Florence. In the space of a few years, the metropolis of Moscow proclaimed its de facto autocephaly and the bond of subordination of the Sacerdotium to the Imperium was strengthened, especially starting from the Council of 1503 which saw the monastic current led by Iosif of Volokolamsk, who stated a close bond between Church and sovereign. prevail on that represented by Nil Sorsky, who supported the independence of the Church from civil power. At the beginning of the 16th century, the monk Filofej from the Pskov region enunciated the theory of the Moscow third Rome and the transfer of the imperial capital from Constantinople to Moscow. Since then the symphonic relationship between Church and Empire has been upset, no longer signifying the harmonious collaboration between them, but the prevalence of civil power over religious power, which will culminate in 1721 with Peter the Great's decision to abolish the Patriarchate established in 1589. From then on the history of the Church will be that of the State. With the end of Bolshevism which marked the full subjugation of the Church, a new symphony was reconstituted between civil and religious power: the latter provides the former with the theological justification for the affirmation of Russkij mir, or the obsessive claim to also impose manu military the hegemony of Moscow and the supremacy of its Orthodoxy as the only way to eliminate Evil and impose Good in the reconstituted great Empire of Russia.
“Vino nuovo in otri nuovi”: alcune prime note circa le sfide del presente per il diritto canonico e la canonistica
Authors: Varalda Cesare Edoardo 
Published: January 2024

“New wine into new wineskins”: some first notes on the current challenges for canon law
ABSTRACT: Inspired by the Summary Document of the recent Synod of Bishops, which requests a revision of the Code of Canon Law and the Code of Canons of the Eastern Churches, this study intends to reflect on the contribution that canonical doctrine can offer for this revision. Specifically, the study analyzes the current Code as a result of both the Second Vatican Council and the legal classifications specific to the positivist culture during the 19th and 20th centuries and, consequently, it observes the necessity, from a de iure condendo perspective, to approach the work articulated towards a mature acceptance of certain aspects of the Second Vatican Council not appropriately valued in the drafting of the Code, such as the pneumatological renewal of the theology and ecclesiology of communion. Given these remarks, it is possible to move in the direction indicated by the Synod, avoiding "pouring the new wine of the Synod into old wineskins" of the now outdated juridical categories. In this perspective, the study identifies four potential areas for renewal, both urgent and achievable.
SOMMARIO: 1. Premessa - 2. Una pro-vocazione alla canonistica - 3. Un complesso lavoro di ricezione - 4. Alcune questioni sulle quali riflettere - 5. Considerazioni di sintesi.