The article is devoted to one of the most disputable
categories of jurisprudence – abuse of rights. Modern
civil legislation contains many of the assessment law.
Interpretation and specification of evaluative concepts
is a challenging intellectual process. Abuse of right is
a consequence of the process of interpretation of
appraisal standards. The law does not allow the
exercise of civil rights with the intent to harm another
person, as well as abuse of rights in any form,
including in the form of circumvention of the law.
The author regards as the already known issues with
the application of the principle of the inadmissibility
of abuse of the right, so new in connection with the
amendments to the Civil code of the Russian
Federation. In particular the principle of good faith is
investigated as a fundamental principle for civil
rights. The article is devoted to the question on the
essence and the legal nature of circumvention of the
law, as well as the notion of circumvention of the law
with unlawful purpose as a form of abuse of right. On
the basis of the study presents the author's notion of
circumvention of the right. The authors have made a
conclusion that the correct interpretation of the
categories of "subjective property law and protected
by law interest" is the key to understanding the notion
of abuse of right. The conscientiousness of
participants of civil relations, as well as the
intelligence is the proper limits of lawful behavior of
the subject civil relationship, the breach of which
allows detecting the signs of abuse of subjective civil
law
The article reflects the influences of the biogeohorizons on structure of oak plantings. It also shows biomass model of oak trees and its satellites in the studied areas
In this article we present the analysis of all the theoretic approaches for modernization and maintenance of historical centers of the cities by the design sources in the point of view of systemic approach to the investigation of the problems. It is revealed that in the concerning area there is a wide experience of investigations and also a big number of various attempts of creation and development of methodological apparatus, which determines the strategy of application of the design products to urban environment in general and to historical environment in particular. However, the complex of scientifically-based solution of the problems in indicated sphere has not developed yet, and as a consequence, the common strategy of maintenance and modernization of historical centers by the design sources are not determined yet.
These results of carried out investigations can become a basis for the development of systemic approach for conflict-free penetration into natural historically formed context of the design objects and the saturation of the existing environment
In many areas - the economy, quality management,
medicine, the ecology, in safety of flights and
others - the problems of analysis, estimation and
management of risks have much in common.
Therefore, we consider it necessary to develop a
general theory of risk. Approaches and methods of
this theory will allow in the future solving problems
of uniform risk management in specific subject
areas. Based on the analysis of scientific
publications and industry regulations it must be
noted that private risk theories tend to become
isolated within themselves, create their own internal
standards and systems of regulations. Separately -
for banking, separately - for safety, separately - for
industrial accidents, etc. In order to construct a
general theory of risk we analyze use of the term
"risk" in various fields, consider the variety of
types of risks, give the basic definitions in the field
of analysis, estimation and management of risk. We
discuss planetary risks (at Earth as a whole), global
risks (at the level of one or more States), financial
risks, commercial risks (risks at the level of the
immediate environment of the company), and
production (internal, operational) risks relating to
the activities of individual enterprises
(organizations), personal risks. Instruments of total
risk theory allow us equally solve the basic
problems of analysis, estimation and management
of risk for all areas
Level analysis of law enforcement cooperation
between private legal and public legal origins was
conducted in the aspect of dual nature of dispositivity
in court jurisdictional process. On the basis of
legislation’s investigation it is found that the
apprehension of dispositivity on doctrinal level as the
principle of judicial process, restricted by private legal
aspect, doesn’t correspond to its legal dual-nature. It is
showed that cohesive perception of dispositivity in
court jurisdictional process is possible under the
condition of its binary perception based on
investigation of its private legal and public legal
origins, providing their harmonic unanimity in the
framework of dualistic approach. It the article it has
been stated that even under the conditions of court
process’ parties’ interests’ contradiction their
warrants may be realized only under their cooperation
with each other, which needs court’s contribution in
the providing of their rights’ realization on equal
terms. It is educed by researches that the cooperation
of private legal and public legal origins of dispositivity
is conducted on two (horizontal and vertical) levels of
their law enforcement connections. Herewith the
coordination of court process’ parties between each
other occurs on horizontal level of cooperation, while
the subordination of parties’ collaboration with the
court occurs on the vertical level. The analysis of
procedural legislation has educed general regularities
of private legal and public legal origins of dispositivity
in court jurisdictional process for different types of
judicial proceedings. These regularities are: the
realization of private legal origin, represented by the
parties, with the relevancy stipulates the demand for
public legal origin of dispositivity, represented by the
court; the realization of public legal origin of
dispositivity, represented by the court, with the
relevancy stipulates the demand for private legal origin
of dispositivity, represented by the parties of judicial
process
The article investigates the psychological sovereignty
of the individual at the stage of its development. The
most striking of these steps is the period of
adolescence. A study of psychological space of the
individual is made to the example of children being
brought up in his own family and children living in
foster families
The article gives a formulation of the problem of logistic management of forest resources. Different variants of its decision on the strategic and tactical levels are described
The article presents the scheme-constructive solution for the separating working organ of the potato harvester, that allows to improve separation efficiency of root crops off the stems tops of
vegetable and plant residues in difficult harvesting conditions, as well as reducing the amount of damage to tubers
This article discusses the application of the method of selective transfer to restore the plunger pairs of high pressure fuel pumps of diesel engines. To restore plunger pairs the authors of the article propose to use an anti-friction repair-and-renewal composition on the basis of the mineral serpentinite
The article is devoted to the phase analysis as a tool preprocessor analysis of a multi-purpose center. Consider the time series of the daily number of requests received on the basis of the phase portraits of these time series. These time series have strong properties of cycles and periodicity. Practice has shown that in modern conditions, for example, for the Russian economy with its instability and financial crises, classical economic theory and statistics, built on linear models, turned out to be unproductive. Overview of approaches and economic-mathematical methods preprocessor analysis of evolutionary economic processes and the corresponding time series allows concluding the following: one versatile, satisfying all the requirements, do not possess the shortcomings of the method of analysis and forecasting does not exist. Each approach and each method has its advantages, disadvantages, limits of use. Most of the known methods of forecasting operate detected in the considered time series properties of cycles and periodicity. Thus, the mere presence of a pronounced cyclicity at different levels of the considered hierarchical model of the time series of the number of requests in a multi-purpose center are important indicators of the possibility of constructing an adequate predictive model number of requests in the multi-purpose centre