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IJSC

Ensuring Enforcement of Judgements through the Prism of Reforming Criminal Provisions - Pages 735-747

Aliesia A. Mytnyk, Dmytro I. Syrota, Tetiana M. Slobodianyk, Viktoriia V. Loktionova and Oleksandr V. Pleskun

DOI: https://doi.org/10.6000/1929-4409.2020.09.69

Published: 15 October 2020


Abstract: The problem of ensuring the enforcement of judgements is pressing both at the national and global levels. In some countries, judgments are often enforced only in part or with long delays, and sometimes not enforced at all. One of the consequences of non-enforcement of judgements is the application of penalties for the failure to fulfil international obligations. This study intends to identify the main aspects of non-enforcement of judgments in Ukraine and the world and to outline the prospects for criminal law provisions regulating enforcement of national and international judgements on the example of reforming Ukrainian legislation. The object of research is criminal law provisions regulating the enforcement of judgements. The research methodology is due to the specifics of the object, which requires a comprehensive interdisciplinary approach involving a set of general and special methods of scientific cognition. The results of the study are related to the confirmation and refutation of hypotheses on sufficiency of international mechanisms to effectively ensure enforcement of judgements; the need to take certain actions at the national level to ensure the enforcement of judgements; the need for the legislative authorities to take certain actions at the national level; the need for the executive authorities to take certain actions at the national level; reasonability of criminalization of non-enforcement of judgments. The article contains a novelty that has theoretical and practical significance. In particular, the theoretical significance of the obtained results is that it is an original comprehensive study of enforcement of judgements of national and international judicial institutions through the prism of reforming criminal law, and offers a new concept of criminal law enforcement of judgements. The practical significance of the obtained results is that the presented data can serve as a guide for future work in this area, as well as legislative initiatives on criminal law enforcement of judgements in Ukraine and the world

Keywords: Non-enforcement of judgements, Non-compliance with judgments, Enforcement, Criminalization, Criminal liability, European Court of Human Rights, National court.

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IJSC

Sociological Analysis of the Commercial Hunting on the Lands of Small-Numbered Indigenous Peoples of the North in the Arctic Zone of the Sakha Republic Republic (Yakutia) - Pages 803-813

Valery V. Velichenko and Anatoly N. Sleptsov

DOI: https://doi.org/10.6000/1929-4409.2020.09.76

Published: 26 October 2020


Abstract: The article presents the results of the analysis of commercial hunting of the most typical communities of small indigenous peoples of the North of Russia living in the Arctic zone of Yakutia, for which hunting largely determines the life quality. For the analysis, statistical data and internal hunting materials were used with the participation of the article authors. In preparing this article, we used statistical data and materials from the Yakutia Department of Hunting Management, as well as stock materials from the Institute. We used statistical methods to process the materials. For the first time, the materials of the intra-economic hunting arrangement conducted in the areas assigned to small peoples are analyzed. For the first time, the article provides data on the history of establishing hunting grounds in Yakutia as part of all-Russian activities. The article provides the results of foreign researchers' studies dedicated to the issue of framing and maintaining the traditional lifestyle of indigenous peoples of the North. Based on the analysis of the structure of commercial production, it is demonstrated that hunting trends are adapted to the extreme weather and climatic conditions of the Arctic and defined by the wildlife species that inhabit these regions. Backed by retrospective analyses, considerable changes in the structure of commercial production are illustrated. These are linked to the decrease in numbers of one of the populations of wild reindeer and the decreasing demand for natural fur, factors that have reduced the importance of traditional hunting in the lives of the region’s ethnic groups. It is revealed that the forecast of large-scale development of mineral resources in the Arctic regions of Yakutia demands that preventive measures be taken to protect natural resources that are the foundation for the traditional crafts of the indigenous peoples of the North.

Keywords: The Arctic, indigenous peoples of the North, tribal communities, hunting grounds, traditional crafts.

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IJSC

Factoring as a Perspective Financial Product of the Modern Market - Pages 820-824

Lilia Mirgaziyanovna Yusupova, Irina Arkadevna Kodolova, Tatyana Viktorovna Nikonova, Madina Irekovna Agliullina and Zarina Irekovna Agliullina

DOI: https://doi.org/10.6000/1929-4409.2020.09.77

Published: 06 November 2020


Abstract: The article shows the factoring application feature analysis in Russia. Factoring represents a range of services for manufacturers and suppliers who conduct trading activities on a deferred payment basis, and it is currently one of the fastest growing financial services. In its development, Russian factoring has avoided crises and everything that many other sectors of the Russian economy have suffered from. In particular, the article revealed that in recent years the market has grown due to the seriously increased interest of banks - in a crisis, factoring is the least risky product, and players began to actively promote it. The article describes the advantage of factoring over a close financial service - a loan. In addition, directions for the factoring development in the Russian economy were also formulated. In Russia, factoring has only recently begun to actively develop and become successful among organizations engaged in trading. As for foreign experience, the use of factoring is growing rapidly in Western Europe, the USA and Asia. Also in this research we have analyzed the dynamics of factoring services in Russia for the period from 2010 to 2018. Despite the problems and shortcomings of this financial instrument, it has development prospects that are connected with the stabilization of external economic factors, the exchange rate and increasing of the resource provision of financial institutions.

Keywords: Factoring, factoring service, recourse factoring, factoring market, financing of working capital.

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IJSC

Protection the Culture of Peace in International Law - Pages 814-819

Haider Adham Abdulhadi, Salwan Jaber Hashim and Jaafar Naser Abdulridha

DOI: https://doi.org/10.6000/1929-4409.2020.09.77

Published: 06 November 2020


Abstract: It is difficult to deny the importance of having a set of treaty legal rules that provide an appropriate legal framework for the protection of a culture of peace as long as we recognize that armed conflicts are international or non-international but are the product of intellectual convictions adopted by people in specific historical stages that contribute in one way or another to making the present and producing the future. Therefore, it is important to research in the areas of international protection for a culture of peace by first identifying aspects of the legal framework regulating the subject of the research, and then explaining the mechanisms of international protection, provided that the beginning begins with the definition of what is meant by a culture of peace, since defining the aforementioned concept will entail an important result related to determining the scope of the research Within the framework of the rules of general international law, and in light of goal (16) of the declared goals of the United Nations to achieve sustainable development where the focus is on encouraging the existence of human societies that believe in comprehensive peace for all as an effective tool to reach the concept of sustainable development as well as the possibility of resorting to A judiciary so that the realization of this aspect becomes available to all, and to establish, at all levels, effective institutions that are accountable, which requires envisioning a kind of complementarity between national frameworks that are supposed to cultivate faith in peace, coexistence, and respect for all human values despite the differences and diversity on the one hand and the frameworks. The international community that seeks to promote reaching the same goals on the other hand, according to clear legal perceptions, wherever the first steps are confident and based on sound and realistic foundations applicable in practice, the goal of reaching the final goals will be more feasible than imagined.

Keywords: International peace, International agreements, international law, Introduction, General principles, International mechanisms.

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IJSC

The Social and Historical Impact on the Formation of Russian Medieval Spirituality - Pages 825-828

Alexey Borisovich Lebedev, Alexander Vladimirovich Tokranov and Elena Vladislavovna Kuzmina

DOI: https://doi.org/10.6000/1929-4409.2020.09.79

Published: 06 November 2020


Abstract: This article analyzes the ways of influence of religious worldview on the spiritual life of Western and Eastern Europe. Considering the arguments in favor of the existence of such a phenomenon as a universal «European worldview», the authors conclude that despite the existence of common grounds, the spiritual life of Western Europe and Eastern Europe (in particular Russia) have fundamental differences.

The authors pay special attention to the figure of St. Sergius of Radonezh who was the embodiment of Russian medieval spirituality. The Saint harmoniously combined «clever prayer» with practical patriotic activity, thus following the principle of «energetic love». The article also analyzes the «contemplative» and «activity» model of man in the context of the dispute between «Nestyazhateli» and «Iosiflyane». The authors conclude that Russian state policy has been mostly «Iosiflyanian», and the philosophy became a haven for «Nestyazhatel».

In conclusion, the authors highlight such a key concept of Orthodox thought as «sobornost», thus noting that in Russian religious thought, human life finds its true meaning only in the human community.

Keywords: European thought, Russian religious thinking, Sobornost, medieval spirituality.

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