Karpova E.V. —
Formation of the constitutional sense of justice: the impact of objective factors
// Law and Politics. – 2016. – ¹ 12.
– P. 1525 - 1532.
DOI: 10.7256/2454-0706.2016.12.17987
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Abstract: The subject of this research is the objective ideal and the real factors affecting the formation of individual, group and mass constitutional sense of justice. The external influence of these factors contributes into the establishment of sustainable legal images, orientations, motivations, values, and notions regarding the foundations of government structure of the Russian Federation, form of ruling, political regime, structure of the higher bodies of state authority, human and citizen’s rights and freedoms. The determination of the aforementioned factors is important for organization of legal upbringing and education, establishment of legal culture of a separate individual and society in spirit of constitutionalism. The scientific novelty is characterized by determination of the complex of objective ideal and real factors, which influence the formation of the constitutional sense of justice. In addition to that, the author defines their assemblage as the constitutional objective legal reality – a specific layer of legal existence. The article also highlights the basic principles of formal inequality and formal equality, which set for the constitutional objective legal activity and constitutional sense of justice certain geometric parameters through the influence of imperative and dispositive methods of legal regulations.
Karpova E.V. —
Formation of the constitutional sense of justice: the impact of objective factors
// Law and Politics. – 2016. – ¹ 12.
– P. 1525 - 1532.
DOI: 10.7256/2454-0706.2016.12.42918
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Abstract: The subject of this research is the objective ideal and the real factors affecting the formation of individual, group and mass constitutional sense of justice. The external influence of these factors contributes into the establishment of sustainable legal images, orientations, motivations, values, and notions regarding the foundations of government structure of the Russian Federation, form of ruling, political regime, structure of the higher bodies of state authority, human and citizen’s rights and freedoms. The determination of the aforementioned factors is important for organization of legal upbringing and education, establishment of legal culture of a separate individual and society in spirit of constitutionalism. The scientific novelty is characterized by determination of the complex of objective ideal and real factors, which influence the formation of the constitutional sense of justice. In addition to that, the author defines their assemblage as the constitutional objective legal reality – a specific layer of legal existence. The article also highlights the basic principles of formal inequality and formal equality, which set for the constitutional objective legal activity and constitutional sense of justice certain geometric parameters through the influence of imperative and dispositive methods of legal regulations.
Karpova E.V. —
Burning problems of a work and labour contract and a paid services agreement in car service
// Legal Studies. – 2016. – ¹ 7.
– P. 37 - 45.
DOI: 10.7256/2409-7136.2016.7.18250
URL: https://en.e-notabene.ru/lr/article_18250.html
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Abstract: The research subject contains the burning problems of legal regulation of legal relationship resulting from a work and labour contract or a paid services agreement in car service. Special attention is paid to the problem of interpretation of conditions of a work and labour contract on motor transport maintenance and the problems of defining the form and the content of work and labour contracts and paid services agreements in car service. The author applies the complex approach. The problems are considered in the correlation of the material and the procedural aspects. The research methodology includes the analysis of judicial practice, the comparative analysis, the formal-logical method, the hermeneutical method, the principle of unity of concrete and abstract, the correlation of actual and legal, material and procedural, form and content. The scientific novelty of the study consists in the identification and classification of two groups of problems of legal regulation of legal relationship resulting from the work and labour contract and the paid services agreement in car service. The classification criteria are the ontological grounds: the content and the form (the contensive and the formal aspect of legal relationship). The author studies legal problems of the contensive aspect of legal relationship: the problem of interpretation of the conditions of the work and labour contract or the paid services agreement in car service (in favour of the work and labour contract or the paid services agreement), the problem of the subject of the agreement defining (the problem of agreeing upon the types, quantity and cost of motor vehicle parts). The author studies the problems of the formal aspect of legal relationship: the problem of a complex character of the form of the agreement (a single document containing all the necessary conditions of the signed order), the problem of legal arrangement of the fact of work or services delivery (work acceptance certificate), the problem of legitimacy of the representative’s authorities (based on the warrant or resulting from the circumstances).
Karpova E.V. —
The Subjec of Legal Perception of Space: Philosophical Analysis
// Philosophy and Culture. – 2015. – ¹ 10.
– P. 1557 - 1566.
DOI: 10.7256/2454-0757.2015.10.13193
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Abstract: The subject of the present research is the subject of legal perception of space. In her research Karpova offers a definition of the subject of legal perception of space and analyzes peculiarities of the subject of legal perception of space from the ontological, gnoseological and axiological points of view. The thematic justification and importance of the topic are determined by the need to overcome the narrow gnoseological views on the subject prevailing in modern philosophical and legal concepts. The author attempts to create a concrete definition of the subject as the functions of a real person seen with all his diverse features, legal contacts and relations. The author has applied gnoseological, ontological and axiological approaches to the research. Karpova has also used the method of binary oppositions and the phenomenological research method. The novelty of the research is caused by the fact that the author offers an integrated approach to studying the subject of legal perception of space. As a result of the research, the author makes the onto-gnoseological conclusion about the subject of legal perception of space as an active cognizing and acting Self endued with legal awarenes and free will. The subject of legal perception of space exists in the onto-gnoseological unity of the internal and the external, the perceiving and the perceived, in the axiological choice between the legal and illegal, as the guarantee for the ontological unity of legal existence, being ontologically united with the object of perception and gnoseologically opposed to it at the same time.
Karpova E.V. —
Symbolic Images of Legal Space Perception
// Politics and Society. – 2015. – ¹ 6.
– P. 755 - 762.
DOI: 10.7256/2454-0684.2015.6.12346
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Abstract: The cognition of law is an act of space perception. As a result of cognitive activity appears the image of space.
The cognition of the legal layer of existence creates a specific spatial image that at the same time has something in common with the images of space created by other forms of cognitive activity - mythology and religion.
In this connection we are interested in specific epistemological features and symbolic forms of an image of legal space perception, the elements of its structure, the diversity of images depending on the prevailing method of thinking of the legal system, method of legal regulation, means of representation.
Universal - philosophical (epistemological analysis).
General scientific - logical methods (induction, deduction, analogies, comparison).
Special legal - method of comparative legal studies. The novelty of the study lies in the attempt to generalise and apply the graphical principles of art and the universal mandala symbol to the legal matter.
The article formulates the notion of the general symbolic cognitive image of legal space perception and lists its elements. It also classifies the images of legal space perception based on different reasons.
Karpova E.V. —
// Politics and Society. – 2012. – ¹ 6.
DOI: 10.7256/2454-0684.2012.6.5808
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Karpova E.V. —
// Politics and Society. – 2012. – ¹ 6.
DOI: 10.7256/2454-0684.2012.6.5809
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Karpova E.V. —
// Politics and Society. – 2012. – ¹ 6.
DOI: 10.7256/2454-0684.2012.6.5810
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Karpova E.V. —
// Philosophy and Culture. – 2011. – ¹ 1.
DOI: 10.7256/2454-0757.2011.1.3204
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Karpova E.V. —
// Philosophy and Culture. – 2011. – ¹ 1.
DOI: 10.7256/2454-0757.2011.1.4915
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Karpova E.V. —
// Philosophy and Culture. – 2010. – ¹ 8.
DOI: 10.7256/2454-0757.2010.8.2752
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