RISULTATI RICERCA

La ricerca ha estratto dal catalogo 105739 titoli

Lyazzat B. Nyssanbekova, Eugenia Kurzynsky-Singer, Zhuldyz T. Sairambaeva, Shaimardan M. Sharipov, Ilyas K. Kuderin

The role of the individual in the protection of their rights and interests in international courts

RIVISTA DI STUDI SULLA SOSTENIBILITA'

Fascicolo: 1 / 2020

The article deals with the theoretical issue of the legal personality of an individual. The main focus was on whether an individual is a subject of international law or not. The authors analyzed the provisions of normative legal acts of the interna-tional and national level of legal regulation of the citizen’s right to appeal to state authorities and local self-government. The authors analyze the conservative view that only collective actors, such as states or state organizations (like the United Na-tions), can be subject to the rights and obligations of international law. This is what the article refers to as "a subject of international law", the holder of rights and ob-ligations in international law. The authors also argue that all laws exist in order to regulate the behavior of people; that states and state organizations can act only through individuals. According to the authors, many of the norms of international law are designed to regulate the behavior of people, regardless of whether they act as individuals or agents of the state (Karmaza et al., 2018). The authors agree that a lot of international law is designed to require or prohibit certain behavior. The article shows that regardless of whether the principles and norms of international law directly affect individuals or only indirectly by incorporating these norms - in-ternational law into national law, this is an important point in the theory of inter-national law.

Bakhyt M. Nurgaliyev, Gulnara M. Rysmagambetova, Kanat S. Lackbayev, Aset A. Shulanbayev

Problems and conflicts of the intelligence and criminal procedure legislation of the Republic of Kazakhstan

RIVISTA DI STUDI SULLA SOSTENIBILITA'

Fascicolo: 1 / 2020

The aim of the paper is to investigate the conflicts that arose in the legislative and law enforcement practice of Kazakhstan subsequent to radical reform of the criminal procedure system. A new Criminal Procedure Code contains a number of fundamental changes that are based on the experience of developed foreign countries. Many aspects of the activities of law enforcement agencies were changed. At the same time, along with a positive effect, law enforcement practice revealed problems and conflicts of law that negatively affected the criminal justice of Kazakhstan. One of the problems is that the moment of the transition from criminal intelligence to the pretrial investigation remains unsettled. This applies to the crite-ria for evaluating intelligence containing information on the signs of a criminal of-fense. On the basis of the analysis of scientific provisions and law enforcement practice, the authors have made proposals to address these problems and conflicts. Conflicts in the field of protecting the rights and freedoms of the individual in the implementation of criminal intelligence were identified.

Botakoz A. Nuralina, Gulzhan D. Khussainova, Zhomart Simitikov, Almira Zh. Mukazhanova, Nursulu K. Dyussenova

History and methods of solving political conflicts in the world politics

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Fascicolo: 1 / 2020

The purpose of the article is to analyze the causes of political conflicts in world his-tory and ways to solve them. The novelty of the study is determined by the fact that political conflict is understood as an attempt to overcome the stagnation of the development of the state or society as a whole. This study is based on the use of a set of approaches, norms, directions of various industries, and theoretical and methodological developments of different authors, in addition, the authors independently determined their own specific approaches, conceptual foundations and author understanding of a particular study. The authors show that overcoming a political conflict is possible both by coordinating the positions of various political forces and by external coercion in an armed conflict. The article shows that when using methods of external conflict resolution, political agreements in the country are completely leveled, and at the same time, the creation of a new political field is required. The practical significance of the study is determined by the fact that the use of local conflict resolution methods will fully implement state development strategies that will contribute to the formation of a sustainable society.

Karakat M. Nagymzhanova, Raikhan O. Tuksaitova, Nazilya M. Irgebaeva, Zina Sh. Koldasbaeva, Aisulu D. Kanapianova

The formation of tolerance among various ethnic groups as a way to increase well-being

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Fascicolo: 1 / 2020

The paper focuses on the development of the ethnic intolerance preventative strategy and the development of ethnic tolerance.The objective of the paper is to study the problem of safe and emollient interaction of ethnic groups through the inoculation of tolerant and dialogoriented relation to each other and the development of the tolerance strategies. In the course of the research, the authors used the following methods: method of sociological survey, psycholinguistic experiment, observation method, and the method of the dialog-oriented competence formation. When solving this problem, the authors obtained the following results: revealed and described the hetero stereotypes about other ethnic groups, developed the strategies of positive perception of ‘others’ as ‘our’, studied effective ways of manifesting ethnic tolerance and ethnic integration of the peoples to each other. The results are reliable: the basic provisions of the paper were approbated and tested in the course of the free-associative experimentand phenomenological interview. The scientific results are fraught with novelty contributing to the theory of ethnic and communicative tolerance, assist in the development of new strategies and methods of inoculation of adaptive and tolerant behavior, and allow preparing the training programs on the coping behavior of ethnic groups.

Tolganay V. Mustafina-Kulchmanova, Zhabayhan M. Abdildin, Kudaibergen A. Temirgaliev, Kuralay S. Yermagambetova, Manifa S. Sarkulova

Conditions for the development of the philosophy of non-violence in the modern world

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Fascicolo: 1 / 2020

This article addresses the issues of the genesis of non-violence and the practical application of non-violent practices in the context of modern realities. The phe-nomenon of non-violence is seen in close connection with violence, which is more often reflected in the form of wars, military clashes, and conflicts. The article pro-vides an analysis of the use of non-violent practices and the possibility of develop-ing peacekeeping in public opinion and behavior. During the preparation of this article, a review and comparative study of various literature aimed at studying non-violence were carried out. Together with the philosophical works, various ma-terials of a political science character are studied. In preparing this work, they were used as general theoretical methods, such as analysis and synthesis. At the same time, analogies, systematization, etc. were used. The materials of the article sug-gest practical significance for university teachers of humanitarian/philosophical specialties.

Anarkhan R. Kuttygalieva, Yermek A. Buribayev, Bakhytkali M. Koshpenbetov, Gakku N. Rakhimova, Zhanna A. Khamzina, Ilyas Kussainov

Ensuring social guarantees and human rights for the implementation of the labour legislation of the Republic of Kazakhstan

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Fascicolo: 1 / 2020

The relevance of the study is determined by the fact that in order to improve the legislation of the country, it is necessary to study the successful experience of other countries. The purpose of the study is to propose a number of measures that will help improve labour legislation in Kazakhstan. The work uses primarily the analytical method. It is determined by the fact that apart from statutory labour protection rules, some safety standards are contained in collective agreements that speci-fy and sometimes supplement relevant legislative provisions. The paper states the fact that it is necessary to factor in world experience in organizing and operating a system of supervision and control over compliance with labour legislation for the Republic of Kazakhstan. The novelty of the study is that with a study of the legislation on labour regulation in Western countries, the authors identify a number of measures that will be relevant for implementation in the Republic of Kazakhstan. The practical significance of the study is determined by the incompatibility of iso-lation from the outside world, including from the international labour market with objectives of development.

Oleksandr R. Kovalyshyn, Oleg A. Vivcharenko, Uliana P. Gryshko

Legal borrowings in the area of civil rights and interests protection under the legislation of Ukraine and the EU

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Fascicolo: 1 / 2020

The authors proved the relevance of the issue of harmonisation of Ukrainian law with EU law, which determines the existence of an institution of borrowings in the field of civil and civil procedural law. The authors conducted a retrospective anal-ysis of legal discourse on legal transplantation, including in the field of civil legal protection. The process of convergence of civil and economic and legal positions in the European integration area on the basis of private law was investigated. The materials for the examination of the adaptation and implementation program and the case law were analysed. It is revealed that for Ukraine and other countries of the European continent, in the field of protection of civil rights and interests, the norms that have been enshrined in European regional international instruments are of particular importance. It is determined that not only transplantation of legal norms but also transplantation of legal concepts takes place in the sphere of pro-tection of civil rights and interests in the aspect of legal borrowing.

Anatoliy V. Kostruba, Valentyna A. Vasylyeva

Termination of right in the mechanism of civil legal relations

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Fascicolo: 1 / 2020

The article aims to research the termination of rights in the mechanism of civil legal relations. The relevance of the work is expressed by the fact that the analysis of the reasons for termination of right is based on the analysis of legal facts that are realized in the process of formalization of some civil legal relations. The fol-lowing methods were used: analysis, synthesis, comparison, abstraction. The nov-elty of the study is determined by the fact that the authors of the article research the causes of termination of right and the possibility of implementing this process is universal and local legal systems. The authors consider each of the principles of termination of right as an opportunity to form a qualitatively new subject of re-search and development of the local legal system. The article analyzes the general grounds for termination of rights and suggests implementation measures with consideration of international law. The practical relevance of the study is determined by the fact that for the first time not only direct forms of restriction of rights and measures to terminate them were considered, but also recommendations were developed on the details of the matter in question.

Mikhail A. Gussev, Yessil S. Rakhmetov, Aliya K. Berdibayeva, Ainash Yessekeyeva

Legal problems of the paternity institution: Child’s rights ensuring issues

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Fascicolo: 1 / 2020

The aim of the article is to analyze the paternity as a component of the institution of the family, its modern transformations and the resulting challenges, including modern features of parenthood. The authors show that the modern understanding of paternity is determined by gender identity and social constructs that equalize the rights of all persons who act as guardians of the child. The authors determine that the problem of paternity involves not only civil issues, but also family and in-ternational law. The authors of the article clearly show that paternity can act not only as a voluntary, conscious act, but also as a mandatory legal norm. In particu-lar, the authors note that it is possible to use the method of establishing paternity or delegating part of the authority to raise a child in the context of considering public law and its prevalence over family law. The practical significance of the study is determined by the fact that the importance of establishing the principles, as well as the legal conditions for implementing the functions of paternity, will form not only legal but also social forms and even economic parameters for citi-zens and address issues of ensuring human rights, including the rights of the child.

Talgat T. Dyussebayev, Kuanysh T. Terlikbayev, Talgat T. Balashov, Marat I. Zhumagulov, Alima O. Omirali

Features for ensuring the rights and freedoms of the suspect (accused) in the CIS states according to the European standards

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Fascicolo: 1 / 2020

The purpose of the article is to ensure the rights and freedoms of the suspect in the field of modern transformations of the criminal procedure legislation. In this article, the authors attempted to analyze the problems arising in practice of ensuring the rights and freedoms of the suspect (accused) in the light of modern changes in the criminal procedural law in the CIS countries, comparing them with the changes that have taken place and are currently being improved in the legislation of the European Union. The methodological and empirical basis for writing this article was composed of the general scientific dialectic method of cognition and the pri-vate scientific methods, which include historical-legal, systemic-functional, formal-logical, comparative-legal, etc. The authors studied only the latest and most relevant standards that meet the latest trends in criminal procedure legislation in the field of granting and protecting the rights and freedoms of a suspect (accused).

Vitalii Y. Bocheliuk, Serhii F. Denysov, Tetiana A. Denysova, Viktoria M. Palchenkova, Nikita S. Panov

Psychological and legal problems for ensuring human rights

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Fascicolo: 1 / 2020

The article considers the psychological and legal problems of ensuring human rights. It has been established that the problem of protecting human rights is in the first place in the world. Violation of the psychological comfort of a person can occur in various spheres of life (production, exchange, consumption, distribution, etc.). At the same time, the psychological and legal aspect of ensuring human rights is worrisome, because around this problem there are a considerable number of unresolved issues, in particular at the legislative level. Attention is focused on the fact that the problem of disturbing the psychological balance of modern man lies mainly in the globalized component of the modern way of people's lives. It is specified that the problem of ensuring human rights can be solved by a consensus of both psychologists, legal scholars, and public organizations as well. At the same time, a person can resort to self-adaptive self-regulation. The prospects for further research are to explore the possibilities of securing the psychological and legal sup-port of human rights at the legislative level.

Saida Assanova, Serikkali Tynybekov, Arkhat Abikenov, Sarsengaly Aldashev, Gulyiya Mukaldyeva

Problem aspects of mediation dispute resolution

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Fascicolo: 1 / 2020

Legal features of dispute resolution in the order of mediation are of particular in-terest in connection with the relatively new and unexamined, from a scientific point of view, phenomenon of modernity, arising from increasing processes of globalization and internationalization of legal systems, as well as scientific and technical progress. This article is devoted to the scientific study of the international legal regulation of such phenomena as mediation on the example of the analysis of the legislation of foreign countries, and law of the Republic of Kazakhstan. This article presents various points of view of international and Kazakh scientists on the subject of dispute resolution in the mediation procedure. It was concluded that the mediation has a number of advantages, which satisfies the need of a person, society and the state to solve conflicts quickly and efficiently with minimal losses.

Laura Emma Milani Marin, Alessandra Cecilia Jacomuzzi

Insects at the table: What consumers know

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Fascicolo: 1 / 2020

Climate change and the increasing global population require a radical change in food production and consumption, mainly in western countries. Insects as food seem to be a solution to reach those objectives related to the sustainable develop-ment. Research mainly barriers and facilitators that can influence the consump-tion of insects has been done. Little research on the consumers’ knowledge has been carried out. The present research aims at understanding what consumers know about eating insect. The results show that consumers have low or wrong knowledge on the issue. It is suggested to do more research on the type of knowledge a consumer need to make a conscious choice and to build information and communication campaigns.

Salvatore Ciano, Séverine Goscinny, Giuliana Vinci

Hemp (Cannabis Sativa L.): Sustainability and challenges for the food sector

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Fascicolo: 1 / 2020

According to the Sustainable Development Goals (Agenda 2030), a key factor to ensure a better and more sustainable future for all is the promotion of different food production systems. Nowadays, agriculture is one of the most impactful sec-tors for the environmental pollution. Moreover, diet choices have direct influence on our ecological footprint. A literature review is presented with a focus on the challenges of hemp cultivation sustainability, innovations and market of hemp food products.

Roberto Ruggieri, Giuliana Vinci, Marco Ruggeri, Henry Sardaryan

Food losses and food waste: The Industry 4.0 opportunity for the sustainability challenge

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Fascicolo: 1 / 2020

United Nations in 2011 estimated every year worldwide around 1.3 billion tons of food is lost or wasted. According to a 2018 analysis by the Boston Consulting Group, this figure will reach 2.1 billion tons in 2050. FAO is trying to quantify food waste again, and according to his report "The state of Food and Agriculture 2019", 14% of production global food is lost or wasted even before it is sold. Food loss and waste are therefore unsustainable and no longer acceptable issues and reduc-ing them is becoming a priority. The negative effects of these problems are con-nected to the scarce availability and consumption of food, but also to sustainabil-ity and environmental impacts. In this regard, it will be necessary to change our eating habits. Industry 4.0 innovations can provide opportunities to reduce food waste and loss, as well as to adopt a healthier and more sustainable lifestyle.

Local sustainable development projects can be fostered by public participation involving citizens and local organizations as stakeholders. On one hand multi-stakeholder approaches can increase acceptability of a project guaranteeing long term benefits to local society. On the other hand, diverging interests and percep-tions of different stakeholders (involved or not) can hinder implementation of sus-tainability projects. This paper analyzes a real case study of an innovative sus-tainability project in Northern Italy which fail in its participatory purposes. The project "Cantieri Rinverditi" has been a Re-Greening Vacant Urban Space project developed in San Rocco al Porto a small town in the Po valley in Lombardy, which is the highest region for soil loss due to urbanization in Italy. Through a qualitative analysis based on semi-structured interviews and participant observation I high-light the main difficulties and barriers which caused the lack of local citizens’ par-ticipation to the project.

Herbert Wibert, Victor Hasudungana, Sulthon Sjahril Sabaruddinb

Incentive-based policy to promote the production of geothermal power from carbon tax scheme: A case of Indonesian CGE model

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Fascicolo: 1 / 2020

Indonesia has the largest geothermal potential resources in the world, however, its current utilization rate is about 6% of total geothermal potential. This paper investigates the impact of imposing the carbon taxation on fossil fuels and the tax is then allocated to incentivize the geothermal electricity supply. The results show that carbon taxation can effectively reduce the national GHG emissions. In the scenario of imposing the carbon tax only on coal consumption, the economy tends to improve better than imposing the tax on all types of fossil fuels. This finding indicates that the policy could only reduce the total production cost of electricity supply, but cannot offset the increased price of fossil fuels due to carbon tax. Our analysis also shows that a revenue-recycling scheme of carbon tax on coal uses by reducing the electricity price will lead to welfare improvements and inequality reductions since coal is only consumed in the industrial sector.

Carlo Greco, Alessandro Campiotti, Patrizia De Rossi, Pierluigi Febo, Germina Giagnacovo

Energy consumption and improvement of energy efficiency for the European agricultural-food system

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Fascicolo: 1 / 2020

This work addresses the subjects of reducing fossil energy consumption and the interventions to improve energy efficiency in the European agricultural-food sys-tem. Following an overview on both such subjects, the results of European projects TESLA and SCOoPE are also analysed with attention to best practices and technologies available to improve energy efficiency in order to reduce the fossil energy use in agri-food systems of Mediterranean countries. A list of Key Performance Indicators for the fruit and vegetable sector, useful for comparative analyses aimed at selecting best methods of energy management and technologies for improving energy efficiency, is reported. Finally, a brief focus on European policies concerning the solutions adopted by the new European Commission to make the agri-food system more sustainable from an energy and environmental point of view is also discussed.

Gianfranco Franz

For a New Ecological Thought

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Fascicolo: 1 / 2020

The essay investigates the trajectory of the notion of sustainability, starting from the founding moments of the ecological thought and the environmental crisis. The author highlights the substantial failure of culture and policies for sustainable de-velopment and the limited contribution of humanistic, social, and arts disciplines to the construction of a different relationship between human beings and the envi-ronment. The backwards cultural path, to the rediscovery of ecologized and trans-disciplinary thought, ends with an analysis of research and dominant educational models.