Конструирование прав лиц с психическими расстройствами в практике ЕСПЧ: толкование норм права в контексте равенства или нормотворчество?
The article analyses interpretation of the articles of the European Convention on Human rights and Fundamental Freedoms, which guarantee the right to private and family life, to marry, to access court and to be free from arbitrary detention in the context of formal equality and non-discrimination for the persons with mental disabilities. The author argues that the judges of international courts interpret human rights language not literally, but broadly, pragmatically – involving comparative legal studies, judicial practice of different states, fact analysis for the better protection of fundamental rights of the applicants, thus employing compensatory possibilities of law for the equalization of the possibilities to access the rights for the persons, belonging to disadvantages groups.
In legal interpretation, where does meaning come from? Law is made from language, yet law, unlike other language-related disciplines, has not so far experienced its “pragmatic turn” towards inference and the construction of meaning. This book investigates to what extent a pragmatically-based view of linguistic and legal interpretation can lead to new theoretical views for law and, in addition, to practical consequences in legal decision-making. With its traditional emphasis on “the letter of the law” and the immutable stability of a text as legal foundation, law has been slow to take the pragmatic perspective: namely, the language-user’s experience and activity in making meaning. More accustomed to literal than to pragmatic notions of meaning, that is, “in” the text rather than constructed by speakers and hearers … the disciplines of law may be culturally resistant to the pragmatic turn. By bringing together the different but complementary perspectives of pragmaticians and lawyers, this book addresses the issue of to what extent legal meaning can be productively analysed as deriving from resources beyond the text, … beyond the letter of the law. This collection re-visits the feasibility of the notion of literal meaning for legal interpretation and, at the same time, the feasibility of pragmatic meaning for law. Can explications of pragmatic meaning support court actions in the same way concepts of literal meaning have traditionally supported statutory interpretations and court judgements? What are the consequences of a user-based view of language for the law, in both its practices of interpretation and its definition of itself as a field? Readers will find in this collection means of approaching such questions, and promising routes for inquiry into the genre- and field-specific characteristics of inference in law. In many respects, the problem of literal vs. pragmatic meaning, confined to the text vs. reaching beyond it, will appear to parallel the dichotomy in law between textualism and intentionalism. There are indeed illuminating connections between the pair of linguistic terms and the more publicly controversial legal ones. But the parallel is not exact, and the linguistic dichotomy is in any case anterior to the legal one. Even as linguistic-pragmatic investigation may serve legal domains, the legal questions themselves point back to central conditions of all linguistic meaning.
This monograph is dedicated to both theoretical and practical problems of joint application of International Humanitarian Law and International Human Rights Law norms in armed conflicts. Special emphasis is made on the contradictions between norms of both branches of International Law in the sphere of protection of right to life and right to liberty. Conclusions made by the author are based on the analysis of norms of International Law, practice of their application by international organizations and states, decisions of the International Court of Justice, The UN Human Rights Committee, The European Court of Human Rights, The Inter-American Commission and Court of Human Rights, The African Commission on Human' and Peoples' Rights, international and mixed criminal courts and tribunals, as well as legal literature.
Due to high dynamics of change in modern socio-economical environment, companies have to generate new methods of responsiveness to arising challenges. One of the ways to gain sufficient competitive advantage is quality orientation. Although Kaizen is deemed to be one of the core elements of quality improvements, its modern impact is being underestimated. Four basic components of the philosophy - essence, innovation, personal and quality control allows to frame an integrated quality system which will lead to performance improvement. Arising discussion is formulated as following - how to implement these four elements into organizational structure. The central contribution and novelty of this paper is a contemporary integrated approach on improvement internal organizational processes on the basis of Kaizen. The study uncovers several conceptual blocks: theoretical basis of Kaizen philosophy, comparative analysis of methods to implement Kaizen in organization; development of method to implement Kaizen concept, evaluation of «Kaizen effect». The research adopted case study method, collecting data from various sources – documentation investigation, structured questionnaire and interviews - in order to ensure its representativity. The paper would be useful not only for scientists discovering modern Kaizen impact, but also for experts willing to implement kaizen philosophy on practice.
Article contains analysis of the decisions of the European Court of Human Rights on freedom of expression, in which the Court had to balance public interest against the protection of commercial structures from unfair competition or injury to their business reputation.
This publications consists of the papers prepared on the basis on the reports made at the international scientific conference "Serching for a balance between private and public interests in decisions of the international and national courts".
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
In article techniques of modeling of radio-electronic equipment in subsystems of ASONIKA-M and АSONIKА-М-IGS are considered, and also the method of increase of reliability of bearing constructions of radio-electronic equipment is described. Examples are resulted.