Erlìhìvsʹkij žurnal最新文献

{"title":"The Right to Privacy in the Age of Digitalization","authors":"Roman Radeiko","doi":"10.31861/EHRLICHSJOURNAL2019.03.052","DOIUrl":"https://doi.org/10.31861/EHRLICHSJOURNAL2019.03.052","url":null,"abstract":"","PeriodicalId":191182,"journal":{"name":"Erlìhìvsʹkij žurnal","volume":"107 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130479297","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Great Terror of 1937–1938 as an Eugenistic Aspect of Communist Cultural Revolution: View from Modern Ukraine","authors":"V. Makarchuk, N. Rudyi","doi":"10.31861/EHRLICHSJOURNAL2019.03.005","DOIUrl":"https://doi.org/10.31861/EHRLICHSJOURNAL2019.03.005","url":null,"abstract":"Scientific research at the junction of history, theory and philosophy of law, political science, sociology and paramedical discipline – eugenics is presented. A rather extensive bibliography of the Great Terror of 1937-1938 is gathered, analyzed and systematize; it is conventionally divided into three directions. An attempt is made to objectively estimate the number of victims of terror and the soc ial belongings of the repressed and executed. The mechanism of the implementation of the Great Terror (1937-1938) is discovered, which was to develop and approve for each region of the Soviet Union the limits for the \"first category\" (shooting) and for \"the second category\" (imprisonment in camps for a term from 8 to 10 years). The theory and practice of the creation of a \"new person\" in the Union of SSR of the 1920s -1930s as a total denial of human rights are considered. The main trends of eugenics and their representatives in the Union of Soviet Socialist Republics are determined. There is a clear division of eugenistic views into positive ones, according to which eugenics was engaged in the derivation of a more perfect breed of people through promoting births from parents with \"good\" genes, and negatives that promoted elimination from the reproductive process of carriers of \"bad\" genes (sterilization of mentally ill, alcoholics, mentally inferior, etc .). Clear parallels between the views of the Soviet leading eugenics experts on the creation of a superman and similar desires of the leaders of the USSR are made. Taking into account such common views and goals of academics and officials, it was highly desirable to use the state repressive and punitive apparatus to implement the idea of creating the ideal gene pool of the future communist community. The scientific concept of the Great Terror (1937-1938) is proposed as a general attempt to create a person of the communist future. The consequences of this global crime against humanity and the ways to prevent the recurrence of such tragedies in the future are assessed.","PeriodicalId":191182,"journal":{"name":"Erlìhìvsʹkij žurnal","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132740652","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Mediation as a Method of Solving Environmental Conflicts under the Law of Brazil 13.105/2015","authors":"Silvana Colombo","doi":"10.31861/EHRLICHSJOURNAL2019.03.026","DOIUrl":"https://doi.org/10.31861/EHRLICHSJOURNAL2019.03.026","url":null,"abstract":"","PeriodicalId":191182,"journal":{"name":"Erlìhìvsʹkij žurnal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129246432","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Valid Law of the Church: the Problem of Changing Church Canons","authors":"Serhii Misevych","doi":"10.31861/EHRLICHSJOURNAL2019.03.038","DOIUrl":"https://doi.org/10.31861/EHRLICHSJOURNAL2019.03.038","url":null,"abstract":"","PeriodicalId":191182,"journal":{"name":"Erlìhìvsʹkij žurnal","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126740014","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Theory of formation and legal definition of \"social relations\" as the basis of the sociological legal concept of Stanislav Dnistrianskyi (1870–1935)","authors":"Andriy Koval","doi":"10.31861/EHRLICHSJOURNAL2019.03.016","DOIUrl":"https://doi.org/10.31861/EHRLICHSJOURNAL2019.03.016","url":null,"abstract":"","PeriodicalId":191182,"journal":{"name":"Erlìhìvsʹkij žurnal","volume":"103 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133761775","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Ehrlich’s Norms for Solving from the Point of View of the Notary: to the Question of Terminology","authors":"V. Savchuk","doi":"10.31861/EHRLICHSJOURNAL2019.03.046","DOIUrl":"https://doi.org/10.31861/EHRLICHSJOURNAL2019.03.046","url":null,"abstract":"The article (from the point of view of the notary) analyses the question of the proper translation of the Ehrlich term \"Entscheidungsnormen\" in Ukrainian, English, and Russian. The number of possible translations is divided into two groups: those that retain the degree of uncertainty of the German word, and those with a higher degree of certainty that the German word, and simultaneously transmit the meaning that E. Ehrlich invested in it. The first group includes such variants as: \"norms of a decision\" or \"norms of decisions\" (Marchuk, Antonov), \"norms-decisions\" (Truten, Begun, Dorosh), \"norms of judgment\" (Truten) or \"decisive norms\" or \"decision norms\" (hypothetically), and the second – \"norms for decision\" and \"norms for resolution\". The arguments in the article mostly linguistic (the possibility of taking the basis of the translation by Marchuk, the value of the preposition \"for\" in Ukrainian, the tradition of translating into English, etc.) are allowed in the article to select such a translation option as \"rules for resolution\". The translation of \"Entscheidungsnormen\" as \"rules for resolution\" allows us: to specify the function that these rules fulfil; to demonstrate the genesis of such norms; to outline the range of those to whom the word relates. And finally to emphasize the difference between the norm and the law, etc. Standards for resolution are not only rules that are relevant to the judge, but also rules that interact with the activities, in particular, notaries. The article outlines the possibilities of methodological problematization of such a phrase-term. That is his potential, which may have significance for modern, first of all, Ukrainian, jurisprudence, as well as legal practice.","PeriodicalId":191182,"journal":{"name":"Erlìhìvsʹkij žurnal","volume":"27 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127979777","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Facts of Customary Law. Inaugural Rector's speech, delivered on the December 2 of 1906; REPORT on the 1906/1907 academic year, made on the December 9, 1907 by the rector, who passes his post","authors":"Eugene H. Ehrlich","doi":"10.31861/ehrlichsjournal2018.02.058","DOIUrl":"https://doi.org/10.31861/ehrlichsjournal2018.02.058","url":null,"abstract":"","PeriodicalId":191182,"journal":{"name":"Erlìhìvsʹkij žurnal","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114177970","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"«Judicial Finding» of the Legal Nature of Cryptocurrency","authors":"Pavlo Bartusiak","doi":"10.31861/EHRLICHSJOURNAL2018.02.024","DOIUrl":"https://doi.org/10.31861/EHRLICHSJOURNAL2018.02.024","url":null,"abstract":"In the current article the legal nature and properties of the cryptocurrency phenomenon are disclosed through the analysis and comparison of the results of «judicial finding» of law that are recorded in the judicial acts. The author reveals, that judicial law of the different jurisdictions goes on the path of recognition of the bitcoin’s (and other cryptocurrencies) nature as the phenomenon that possesses the basic legal properties of money. It is established, that judges in the predominant majority use the following definitions for the characteristic of cryptocurrency: a decentralized currency; an asset that serves as a means of exchange and/or a measure of value; an anonymous digital currency; a virtual currency; an asset that serves as a means of payment; a digital production; an anonymized settlement system; a non-traditional money, etc. The author shows, that cryptocurrencies (in that sense in which they are interpreted in judicial law) have attributive properties that are inherent for the anthroposociocultural phenomena: cryptocurrencies are existentially rooted, they have a spontaneous and at the same time procedural character, they dynamically transformed into the universal phenomenon from the local phenomena, cryptocurrencies act as a natural way of self-regulation, distribution, redistribution and exchange of goods in society between its representatives, primarily in the private sector. The author substantiates the fundamental sense of the «judicial finding» of the legal nature and properties of cryptocurrency, which consists in the synthesis of the pluralistic nature of both crucial phenomena of social life – law and money: cryptocurrencies, as the phenomena that possess the qualities of money, act as the objects (subjects) of the factual life relations in which the question about the law raises. Thereby in the article it is once and again confirmed the full reliability and validity of one of the main Eugen Ehrlich’s theoretical and methodological conclusions, which he made more than a century ago – the conclusion about the poly-ontological nature of law, which is under no circumstances limited to the positive law and therefore cannot be narrowed to the positive legal norms..","PeriodicalId":191182,"journal":{"name":"Erlìhìvsʹkij žurnal","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125877748","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Оverview of Some Questions of the Enforcement of Civil and Commercial Judgments in Germany","authors":"Cornelia Wölk","doi":"10.31861/ehrlichsjournal2018.02.048","DOIUrl":"https://doi.org/10.31861/ehrlichsjournal2018.02.048","url":null,"abstract":"","PeriodicalId":191182,"journal":{"name":"Erlìhìvsʹkij žurnal","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126517060","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Institute of Living Law","authors":"Mykhailo Nykyforak, Eugene H. Ehrlich","doi":"10.31861/EHRLICHSJOURNAL2018.02.086","DOIUrl":"https://doi.org/10.31861/EHRLICHSJOURNAL2018.02.086","url":null,"abstract":"S. V. Savchuk (Yuriy Fedkovych Chernivtsi National University, Ukraine) Abstract. The paper, published in 1911 on the pages of the Juristische Blätter, refers, firstly, to a dispute between Eugen Ehrlich and a scientific and practical priority in the aspect of the creation of an institution of applied law (in contrast to his dispute with another subject) with Geny Franсois in 1903 (Rechtsfindung und freie Rechtswissenschaft [The Free Law Finding and Free Jurisprudence]), or a dispute with Max Ernst Mayer in 1913 (Grundlegung der Soziologie des Rechts [Foundation of the Sociology of Law]), secondly, about the critique of the program of the Institute of Applied Law, thirdly , about the task of the Institute of living law of Ehrlich himself. In the first case it’s about a proposal and a plan of the professor of the Wien University (prof. Sperl) to establish the Institute of Applied Law. Ehrlich notes that, on the one hand, his own initiative to establish the Institute of Living Law and its implementation appears earlier, and on the other hand, that the institute of living law has tasks that coincide with the ones of the corresponding Sperl’s institute, and well as others that don’t, with the latter being more valuable both for science (scholarship) and practice. In general, Ehrlich denies the need to create the mentioned Institute of Sperl. This \"should be the institution of the application of the established law that therefore, is exclusively enclosed in the paragraphs, not the institute of studying the real-life law that develops and which is not spelled out in paragraphs\". Consequently, the Institute of Applied Law should deal only with utilitarian tasks (for example, a collection of teaching materials for conducting classes on the basis of visibility, etc.), and not scientific, related to the study of living law. In turn, the Institute of Living Law, according to the plan of Eugen Ehrlich, has a task of teaching scientific methods, encouraging students to independent mental activity. A branch of living law can be easily imagined as an integral part of the Institute of Living Law, the task of which would be to supply the Institute with materials and equipment, as well as archiving the results of the data, collected and processed by the Institute.","PeriodicalId":191182,"journal":{"name":"Erlìhìvsʹkij žurnal","volume":"98 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134372010","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}