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Preconditions of Emergence and Development of Sharing Economy: Theoretical and Civilizational Approaches 共享经济产生与发展的前提:理论与文明视角
Pub Date : 2020-06-15 DOI: 10.14505/jarle.v11.3(49).18
L. Ishtiryakova, M. Zainullina
The relevance of this research reflects the fact that the issues of consumption are as important for steady economic growth and sustainable social development as the issues of production and investment. However, there is no sufficient theoretical base on the subject for now. The purpose of this research is to describe the diverse continuum of consumption development processes across different stages of social development, which preceded and contributed to the evolution of the sharing economy in its modern form. Classical and neoclassical schools and, to some extent, institutionalism approached the category of consumption and discovered some characteristic features. Further, the evolutionary analysis of this phenomenon is addressed in conjunction with the three-stage historical civilizational concept comprising the agrarian, industrial and post-industrial stages. The major factors are identified which contribute to the development and advance of the sharing economy as a result of the evolutionary trajectory of consumption across various societal stages.
这项研究的相关性反映了这样一个事实,即消费问题与生产和投资问题对稳定的经济增长和可持续的社会发展同样重要。然而,目前还没有足够的理论基础。本研究的目的是描述跨越社会发展不同阶段的消费发展过程的多样化连续体,这先于并促进了现代形式的共享经济的演变。古典学派和新古典学派以及一定程度上的制度主义都接近了消费范畴,并发现了一些特征。此外,对这一现象的演化分析与农业、工业和后工业三个阶段的历史文明概念相结合。由于消费在不同社会阶段的演化轨迹,确定了促进共享经济发展和进步的主要因素。
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引用次数: 1
Form of Implementation of Collective Disputes in the Field of Labor Law 劳动法领域集体争议的实施形式
Pub Date : 2020-06-15 DOI: 10.14505/jarle.v11.4(50).39
O. Soloviov, N. Shvets, Iaroslava Svichkarova, N. Orlova, O. O. Duma
Labor relations have always been defined as a source of not only increasing of well-being for all parties, but also as a source of the formation of social problematic situations. This was allowed in cases when workers did not receive the level of income they expected and considered fair. In this case, the search for ways to protect the rights of workers, which is considered in the field of labor law, is relevant. The standard sources for the implementation of forms of protection in labor law are strikes and other forms of termination of the work process. The novelty of the paper is determined by the fact that in modern society the forms of protection of labor rights are mainly judicial forms, which guarantee that the employer cannot influence the settlement process by unofficially affecting employees. The article reveals aspects of the design of labor relations that could eliminate the negative impact on the labor process. Aspects of the formation of the branch of labor law are considered, which can provide the maximum number of decisions in the pretrial order. The practical significance of the paper is determined by the possibility of applying methods of solving collective labor disputes as a factor in the formation of the labor law industry with the formation of the principles of sustainable functioning and public control over business.
劳动关系一直被定义为不仅是增加各方福祉的来源,而且也是形成社会问题状况的来源。在工人没有得到他们期望的和认为公平的收入水平的情况下,这是允许的。在这种情况下,寻找保护工人权利的方法是相关的,这是劳动法领域所考虑的。实施劳动法保护形式的标准来源是罢工和其他终止工作过程的形式。本文的新颖性在于现代社会劳动权利的保护形式主要是司法形式,它保证雇主不能通过非正式影响雇员的方式来影响解决过程。本文揭示了劳动关系设计的几个方面,可以消除对劳动过程的负面影响。考虑到形成劳动法分支的各个方面,它可以在审前程序中提供最大数量的决定。本文的现实意义在于,有可能将解决集体劳动争议的方法作为劳动法产业形成的一个因素,并形成可持续运作和公共控制商业的原则。
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引用次数: 0
Internal and Cross-Border Conflict of Laws Regulation in the United States of America 美国国内和跨境法律冲突监管
Pub Date : 2020-06-15 DOI: 10.14505/jarle.v11.3(49).11
Ivan Chumachenko
The relevance of the research is due to the development of cross-border economy relations with involvement of the United States residents and the residents of other countries. Such an interest considers the questions about the correct choice of the applicable law in the framework of legal relations with the participation of U.S. residents carried out in the territory or residents of the different countries covered by the jurisdiction of the United States. The authors objectives under this article is to consider the basic concepts, as well as some features of resolving conflicts arising between the provisions of the U.S. Federal law, the laws of certain U.S. states with the laws of other countries, as well as, in some cases, with international law. In the framework of the study, the author used various methods, in particular, the dialectical method, methods of analysis, synthesis, the formal legal method, the comparative legal method, as well as the method of analyses of legal acts and judicial precedents. The basic method used in the paper is a comparative method. By applying of this method, the author tries to show the differences between US legislation (as the common law system country) and continental (civil) law countries in relation to the resolving of the conflicts of law. By using of the comparative method, the author also tried to show the differences between the English and the U.S. law. The comparative method also compared with the method of analyses by using of this method the author examined the features of conflict resolution in accordance with statutory legislation, judicial precedents, as well as U.S. doctrine sources. The author provides the basic concepts regarding to the law on conflicts, which contain the main approaches to resolving the conflict of various jurisdictions in the United States. As the results of the research, the author concludes that even if there are separate (special) legal acts, judicial cases, as well as doctrine sources that, it would seem, should help overcome conflicts between different legal systems, given the diversity of legal relations, such collisions will arise in the future, which will push lawmakers to further develop issues of U.S. ‘law on conflicts’ or ‘conflict of laws’.
该研究的相关性是由于美国居民和其他国家居民参与的跨境经济关系的发展。这种利益考虑了在美国领土内的美国居民或在美国管辖范围内的不同国家的居民的参与下,在法律关系框架内正确选择适用法律的问题。本文作者的目的是考虑解决美国联邦法、美国某些州的法律与其他国家的法律,以及在某些情况下与国际法之间产生的冲突的基本概念和一些特点。在研究框架内,笔者运用了多种方法,特别是辨证法、分析法、综合法、形式法、比较法以及法律行为和司法判例分析法。本文采用的基本方法是比较法。通过运用这一方法,笔者试图揭示英美法系国家的美国立法与大陆法系国家在解决法律冲突方面的差异。作者还试图通过比较的方法来展示英美法律之间的差异。比较法还与分析法进行了比较,运用这种方法,笔者根据成文法、司法判例以及美国理论来源考察了冲突解决的特点。作者提供了有关冲突法的基本概念,其中包括解决美国不同司法管辖区冲突的主要途径。作为研究的结果,作者得出结论,即使有单独的(特殊的)法律行为,司法案件,以及理论来源,似乎应该有助于克服不同法律制度之间的冲突,但鉴于法律关系的多样性,这种冲突将在未来出现,这将推动立法者进一步发展美国的“冲突法”或“法律冲突”问题。
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引用次数: 0
Implementation of Good Faith Principle as an Efforts to Prevent the Business Disputes 贯彻诚信原则,防范商业纠纷
Pub Date : 2020-06-15 DOI: 10.14505//jarle.v11.4(50).07
Elisabeth Nurhaini Butarbutar
This study seeks to analyze the principle of good faith as a preventive measure in business disputes by comparing international perspectives on good faith and regulations in Indonesia. This study was conducted with normative means that in analyzing data used by observing the applicable regulations, logical means in analyzing the data always uses logic and should not conflict between one data with another data. Systematic means, in analyzing analyzed data must remain in the applicable legal system. The study results show that the implementation of the principle of good faith in a credit contract can prevent business disputes, if the terms and achievements/obligations that arise in the contract are formulated in a balanced way between the interests of the bank and the consumer so that the wishes agreed upon in the contract are truly realized and desired by the debtor and the right of the lender to collect the credit repayment can be fulfilled in accordance with goodwill.
本研究旨在通过比较国际上关于诚信的观点和印度尼西亚的法规,分析诚信原则作为商业纠纷的预防措施。本研究采用规范的方法进行,在分析数据时遵循适用的规则,逻辑的方法在分析数据时始终使用逻辑,不应该在一个数据与另一个数据之间发生冲突。系统的手段,在分析分析的数据必须留在适用的法律制度。这项研究的结果表明,该实现诚实信用原则在合同信用可以防止商业纠纷,如果条款和成就/合同义务所产生的利益之间平衡的方式制定银行和消费者,希望按合同约定是真正意识到所期望的债务人和右边的银行收集信贷还款可以依照善意履行。
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引用次数: 2
The Existence of People's Consultative Assembly in Indonesian State System in the Pancasila Democracy Perspective 潘卡西拉民主视角下印尼国家制度中人民协商会议的存在
Pub Date : 2020-06-15 DOI: 10.14505/jarle.v11.3(49).30
M. Marzuki, Roswita Sitompul
The sovereignty of the people is one of the principles of Indonesian state administration, contained in the Preamble and Articles in the 1945 Constitution of the Republic of Indonesia, implemented through the People's Consultative Assembly (MPR). But after the Amendment to the 1945 Constitution, the position of the MPR in the Proclamation Constitution has been placed as the highest state institution and the holder of popular sovereignty, and today based on the institutional structure of the state, the People’s Consultative Assembly (MPR) has been degraded becoming an equal institution with other State institutions. Such implications, which are certainly seen from a constitutional perspective, have injured Pancasila democracy, which is based on deliberation and consensus, resulting in no more oversight mechanisms that can be carried out against various state institutions, including the President, and this in turn has led to liberal democracy based on individualism. Therefore, a comprehensive study is needed to reinstate the MPR as the highest state institution and holder of popular sovereignty in the format of State institutions in Indonesia as a representation of all Indonesian people based on deliberation and consensus in every decision making.
人民主权是印度尼西亚国家行政的原则之一,载于1945年《印度尼西亚共和国宪法》的序言和条款中,并通过人民协商会议执行。但在1945年《宪法修正案》之后,人民协商会议在《宣言宪法》中的地位被确立为最高国家机构和人民主权的持有者,而在今天的国家制度结构中,人民协商会议(MPR)已经降级为与其他国家机构平等的机构。当然,从宪法的角度来看,这种影响损害了以审议和共识为基础的潘卡西拉民主,导致无法对包括总统在内的各种国家机构实施更多的监督机制,这反过来又导致了基于个人主义的自由民主。因此,需要进行一项全面的研究,以印度尼西亚国家机构的形式恢复人民代表委员会作为最高国家机构和人民主权的持有人,在每项决策中都以审议和协商一致为基础代表全体印度尼西亚人民。
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引用次数: 4
Improving the Economic Mechanism for Increasing Labor Productivity in Agriculture 完善提高农业劳动生产率的经济机制
Pub Date : 2020-06-15 DOI: 10.14505//jarle.v11.4(50).19
B. Myrzaliyev, A. Kokenova, E. Alimkulova, Z. Zhetibayev, Bauyrzhan B. Bimendeyev
The article is devoted to the problems of increasing labor productivity in agriculture in Kazakhstan. It explores the growth trends in labor productivity in the agricultural sector and presents a comparative analysis of individual factors that directly affect labor productivity indicators. The article considers the reasons for the lag of Kazakhstan in terms of labor productivity from developed countries, provides a detailed analysis of the level and dynamics of labor productivity in agriculture in Kazakhstan. The authors of the article calculated indicators of the dynamics of labor productivity and indices of the physical volume of gross agricultural output. Comparative indices of labor productivity in the economy, production of goods and agriculture are presented, an algorithm for analysing the efficiency of labor use of workers in the industry and assessing the reserves of growth in labor productivity were given. The aim of the work is to study the prevailing level of labor productivity and determine ways to increase it and the production efficiency of the agricultural sector. The differentiation of the use of the concepts of labor productivity and the productivity of the economic system was substantiated. The productivity of the economic system in accordance has a broader interpretation and includes the whole set of economic processes, such as labor productivity, marketing, managerial productivity and the creation of new products with high consumer qualities. The goals and objectives of labor productivity at the enterprise level was carried out, areas of responsibility at different managerial levels were decomposed.
这篇文章专门讨论了哈萨克斯坦提高农业劳动生产率的问题。它探讨了农业部门劳动生产率的增长趋势,并对直接影响劳动生产率指标的个别因素进行了比较分析。文章分析了哈萨克斯坦劳动生产率落后于发达国家的原因,详细分析了哈萨克斯坦农业劳动生产率的水平和动态。本文计算了劳动生产率动态指标和农业总产出实物量指标。提出了经济、商品生产和农业劳动生产率的比较指标,给出了分析工业工人劳动利用效率和评估劳动生产率增长储备的算法。这项工作的目的是研究劳动生产率的普遍水平,并确定提高劳动生产率和农业部门生产效率的方法。劳动生产率和经济体系生产率概念使用的区别得到了证实。按照经济体系的生产率有更广泛的解释,包括一整套经济过程,如劳动生产率、市场营销、管理生产率和创造具有高消费质量的新产品。实施了企业层面的劳动生产率目标和目标,分解了不同管理层的责任区域。
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引用次数: 0
Legal Issues of Electronic Education and Healthcare: Ways to Improvement 电子教育和医疗保健的法律问题:改进之道
Pub Date : 2020-06-15 DOI: 10.14505//jarle.v11.4(50).24
M. Osadchuk, M. Trushin, A. M. Osadchuk, K. Solodenkova
Mobile learning is potentially more efficient than traditional education. However, efficiency of medical education is yet unspecified due to absence of approved standardized criteria for assessing its results and heterogeneity between interferences and result assessments. Digitalization will enhance shaping people of the future in a different way that calls for stricter management and is more knowledge-focused. It is worth pointing out that external monitoring by international organizations can be an additional mechanism of institutional regulation but it is unable to become a substitute for opportunities provided by national governments. State institutions must establish systems prioritizing protection of public interests. Institutional development simplifies knowledge exchange within state-private partnership. It is easier for public organizations to learn from private ones if they already have some experience in this area or have enough resources available.
移动学习可能比传统教育更有效。然而,由于缺乏经批准的评估其结果的标准化标准以及干扰和结果评估之间的异质性,医学教育的效率尚未明确。数字化将以一种不同的方式塑造未来的人,这需要更严格的管理,更注重知识。值得指出的是,国际组织的外部监测可以作为机构管制的额外机制,但它不能取代国家政府提供的机会。国家机构必须建立优先保护公共利益的制度。制度发展简化了公私伙伴关系中的知识交流。如果公共机构在这方面已经有了一些经验,或者有足够的资源,就更容易向私营机构学习。
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引用次数: 0
Organ Transplantation as a Form of Realization of the Right to Life: A Constitutional and Legal Aspect 器官移植作为生命权实现的一种形式:宪法和法律层面
Pub Date : 2020-06-15 DOI: 10.14505/jarle.v11.3(49).31
D. S. Pirbudagova, Sabina Mukhtarovna Veliyeva
Kazakhstan and the Islamic Republic of Iran are two states that have common sea borders through the Caspian Sea, two friendly neighbors, successfully developing both bilateral cooperation and cooperation at the regional and international level. The relevance of this study is that today it is advisable to study the foreign policy of not only world powers, but also ‘non-knowing’ countries in order to determine the scenario for the development of relations between the two countries. The purpose of the article is to analyze and evaluate the geostrategic features of the interaction of Kazakhstan and Iran in the regional and global aspects. The leading approach to the study of this problem is the analysis method, which allowed to study the history of relations between Kazakhstan and Iran at different stages. This article attempts to determine the geostrategic features of the interaction between Kazakhstan and Iran in the regional and world aspect analyze and evaluate their bilateral relations.  
哈萨克斯坦和伊朗伊斯兰共和国是两个通过里海拥有共同海上边界的国家,是两个友好邻邦,成功地发展了双边合作以及地区和国际合作。这项研究的相关性在于,今天不仅要研究世界大国的外交政策,还要研究“未知”国家的外交政策,以确定两国关系发展的情况。本文的目的是分析和评价哈萨克斯坦和伊朗在区域和全球层面上互动的地缘战略特征。研究这一问题的主要方法是分析方法,可以研究哈萨克斯坦和伊朗在不同阶段的关系史。本文试图确定哈萨克斯坦和伊朗在地区和世界层面互动的地缘战略特征,分析和评价两国的双边关系。
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引用次数: 0
Economic and Legal Issues for Training Reserve Personnel Among the University Students in Kazakhstan and Foreign Countries 哈萨克斯坦与国外大学生后备人才培养的经济与法律问题
Pub Date : 2020-06-15 DOI: 10.14505/jarle.v11.3(49).36
A. I. Ryskulbekov, Z. R. Burnayev, Kharis Sh. Vafin, M. Kozhanuly, Askar K. Borashev
In modern conditions, at the stage of professionalization of the Armed Forces of Kazakhstan, it is necessary to reorient to own forces, to concentrate the intellectual and financial potential on the further development of the domestic system of military education and military science. The aim of this study is to consider the development trends of the training of reserve officers and military personnel in different countries, as well as highlight on the basis of the obtained data the main effective ways to improve the qualifications and improve military-patriotic education of military personnel. As a result, stages of the implementation of ways to improve the military-patriotic education of student youth are proposed, and it also presents what development prospects this brings in terms of improving the Kazakh army, as well as open opportunities for improving the teaching of military training in higher educational institutions.
在现代条件下,在哈萨克斯坦武装部队专业化阶段,必须重新定位自己的部队,将智力和财政潜力集中在进一步发展国内军事教育和军事科学系统上。本研究的目的是考虑各国预备役军官和军事人员培养的发展趋势,并根据所获得的数据,突出提高军事人员素质和加强军事爱国主义教育的主要有效途径。最后,提出了改进学生青年军事爱国主义教育的实施阶段,并介绍了这对改善哈萨克斯坦军队的发展前景,以及改进高等院校军事训练教学的开放机会。
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引用次数: 0
On the Specifics of Studying Organized Crime at the Present Stage 论现阶段有组织犯罪研究的具体问题
Pub Date : 2020-06-15 DOI: 10.14505/jarle.v11.3(49).24
Medet T. Koilybayev, Z. Dilbarkhanova
This article studies the key aspects of combating organized crime at the present stage. Based on the analysis conducted, the authors describe organized crime as a complex, criminally legal and social phenomenon. They provide their understanding of organized crime, its causes and conditions, as well as indicate possible social consequences. Within the context of the article, the authors prove the difficulty of counteracting the phenomenon and emphasize its social danger since it undermines the foundations for the well-being of the Kazakh society. The scale and growth rate of organized crime in recent decades has turned it into one of the main factors hindering the country's economic and social development, causing civil mistrust in the law enforcement system and government bodies at all levels; therefore, citizens of Kazakhstan are anxious about their life and well-being. The article provides suggestions on studying modern organized crime based on both the international and Kazakh experience. From the perspective of general science, this article conducts studies in the field of criminology and criminal law and contributes to the methodological enrichment of the phenomenon of organized crime in theoretical and practical aspects. This approach helps better understand this phenomenon, determine its typical features and develop and apply countermeasures. At the same time, the authors do not claim a monopoly of absolute truth but rather attempt to study organized crime from a new perspective, which allows dwelling on the essence of this social phenomenon.
本文对现阶段打击有组织犯罪的重点问题进行了研究。根据所进行的分析,作者将有组织犯罪描述为一种复杂的刑事、法律和社会现象。他们提供对有组织犯罪、其原因和条件的了解,并指出可能的社会后果。在这篇文章的范围内,作者证明了消除这种现象的困难,并强调了其社会危险,因为它破坏了哈萨克斯坦社会福利的基础。近几十年来,有组织犯罪的规模和增长速度使其成为阻碍国家经济和社会发展的主要因素之一,造成了公民对各级执法系统和政府机构的不信任;因此,哈萨克斯坦公民对他们的生活和福祉感到焦虑。本文结合国际和哈萨克斯坦的经验,对研究现代有组织犯罪提出了建议。本文从一般科学的角度,从犯罪学和刑法学的角度进行研究,有助于在理论和实践方面丰富有组织犯罪现象的方法论。这种方法有助于更好地理解这一现象,确定其典型特征,并制定和应用对策。同时,作者并没有声称垄断绝对真理,而是试图从一个新的角度来研究有组织犯罪,从而可以深入探讨这一社会现象的本质。
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引用次数: 1
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Journal of Advanced Research in Law and Economics
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