51 research outputs found
THE MAXIM “LAW DOES NOT ARISE FROM THE VIOLATION OF LAW” AND THE MODIFICATION OF PEREMPTORY NORMS
No full textMaxim “ex injuria jus non oritur” is not only a general legal, but also an international legal
principle, which states that law doesn’t arise from the violation of law. However, peremptory
norms of international law (jus cogens) are not something frozen. They develop, like
international law in general, so the latter expressly provides for the possibility of their
modification by subsequent norms of the same nature. This inevitably means that, in the
period of changing such norms, the behavior of some states will contradict the previous
peremptory norm until the emergence of a new peremptory norm is recognized by the
international community of states. Does the change of imperative norms result in an exception
to the above-mentioned maxim? And how do you know whether the actions of the
state or group of states have created a new peremptory norm of international law, or they
are merely a violation of the already existing peremptory norm? Can moral considerations
justify the state’s withdrawal from the maxim of “ex injuria jus non oritur” in the name of
creating a new peremptory norm of international law? Or is such a deviation justified by
the conformity of the state’s actions to any other norms? Having examined these issues,
the author comes to the conclusion that, unlike the positive law, natural law does not know
exceptions to the maxim. The author proves that the ground for the emergence of new
peremptory norms of international law creates changes in natural law
THE EUROPEAN COURT ON HUMAN RIGHTS: THE PROBLEM OF UNENFORCEABLE JUDGMENTS
No full textINTRODUCTION. The paper demonstrates that the problem of implementing judgments of the European Court of Human Rights does exist if such a judgment is not in line with the Constitution of the Russian Federation. This problem is caused in legal dimension by the two different factors. On the one hand the Constitution of the Russian Federation “shall be the supreme law and shall be in force throughout the territory of the Russian Federation. No laws or other legislative acts … shall contravene the Constitution of the Russian Federation” (Article 15 Part 1). On the other hand, a State may not invoke its internal (national) law as justification for its failure to perform a treaty (Article 27 of the Vienna Convention on the Law of Treaties, 1969).MATERIALS AND METHODS. Research materials include judgments of the European Court of Human Rights and Orders of the Constitutional Court of the Russian Federation and also the teachings of the most qualified scholars in International Law which are relevant to the title of this paper. General and specific scientific methods are used by the author. In the context of applicable general international law the paper considers both judgments o the European Court of Human Rights and orders of the Constitutional Court of the Russian Federation paying specific attention to the reasons of different legal positions adopted by these Courts.RESEARCH RESULTS. The widening of the competence of the Сonstitutional Court of Russia in December 2014 arouses apprehension. The Court pointed out that two judgments of the European Court on Human Rights were unenforceable: (1) on the judgment on the application of Anchugov and Gladkov and (2) on the judgment concerning the application of UKOS. In the first case the European Court on Human Rights admitted that Russia was responsible for moral damage and the recognition of it was enough for compensation. In the second case the European Court on Human Rights admitted that Russia violated Protocol No.1 to the Convention on Human Rights. In connection with it Russia must compensate the pecuniary damage. It is confirmed by the Committee of Ministers (the Council of Europe).DISCUSSION AND CONCLUSIONS. The Constitutional Court of the Russian Federation indeed has (as its professional function) an obligation to legally protect the national interests of Russia if they are questioned by a judgment of a foreign court which does not correspond to International Law. But in cases considered in this paper the Constitutional Court of Russia while addressing the judgments of the European Court of Human Rights (which are in contradiction with the International Law) made itself a legal mistake from the point of International Law. According to Article 26 of the Vienna Convention on the Law of Treaties, 1969, every treaty in force is binding upon the parties to it and must be performed by them in good faith”. Even in the case when the national law provides for a different approach (article 27 of the same Convention). The Constitution of any State is a part of its national law. So the 1969 Convention’s rules of Articles 26 and 27 are applicable also to Constitutions. While stating that the Constitution has a higher legal value then International Treaty of the Russian Federation, the Constitutional Court thus undermines the national interests of Russia in maintaining legal order and the Rule of Law in international relations
Characteristics and Analysis of Speech Development Disorders in Early Children
No full textСтаття присвячена характеристиці та аналізу порушень мовленнєвого розвитку у дітей раннього віку. У кожній країні є діти з важкими порушеннями мовлення, якi потребують особливих умов навчання та виховання. На сьогоднi дуже актуальними є питання надання кваліфікованої корекційно-розвиткової допомоги таким дiтям. Розлади мовленнєвого розвитку знаходяться на вивченні у багатьох спеціальностей. Мовленнєва функція є основною та ключовою для розвитку мислення та інтелекту дитини, тому порушення формування мовлення неминуче тягне за собою відставання у розвитку інтелекту, мислення, порушення спілкування та соціалізації, виникнення поведінкових порушень. Порушення мовленнєвого розвитку можуть бути спричинені різноманітними захворюваннями, які зустрічаються в загальній педіатричній практиці. Одними із таких причин можуть бути порушення артикуляційного апарату, хронічні отити, що призводять до порушення слуху, епілепсія та епілептичні енцефалопатії, ДЦП та багато інших захворювань. У статті висвітлено проблематику, що в даний час логопеди – практики відчувають недостатність розроблених ефективних методик щодо подолання мовленнєвих порушень у дітей раннього віку. У зв'язку з цим необхідно вивчати розлади експресивного та імпресивного мовлення, які охоплюють всі сфери особистості дитини. У спеціальній педагогіці йде активний пошук найбільш оптимальних форм організації освітнього та корекційного-розвиткового середовища для цієї категорії дітей. У огляді наукової літератури проведено аналіз даних, що стосуються розладів мовленнєвого розвитку дітей раннього віку. Автор аналізує особливості міжнародних та вітчизняних класифікацій порушень розвитку мовлення в ранньому віці, найбільш часто зустрічаються клінічні варіанти цієї патології. Паралельно розглядається етіологія затримок розвитку мовлення в залежності від їх захворювання.The article is devoted to the characteristics and analysis of disorders of speech development in young children. Every country has children with severe speech disorders who require special conditions for education and upbringing. Today, the issue of providing qualified correctional and developmental assistance to such children is very relevant. Disorders of speech development are studied in many specialties. The speech function is the main and key for the development of a child's thinking and intelligence, therefore, a violation of the formation of speech inevitably entails a delay in the development of intelligence, thinking, communication and socialization disorders, and the emergence of behavioral disorders. Disturbances in speech development can be caused by a variety of diseases that occur in general pediatric practice. One of these reasons can be disorders of the articulation apparatus, chronic otitis media leading to hearing impairment, epilepsy and epileptic encephalopathies, cerebral palsy and many other diseases. The article highlights the problem that currently speech therapists - practitioners feel the insufficiency of developed effective methods for overcoming speech disorders in young children. In this regard, it is necessary to study disorders of expressive and impressive speech, which cover all spheres of the child's personality. In special pedagogy, there is an active search for the most optimal forms of organizing an educational and corrective-developmental environment for this category of children. In the review of scientific literature, an analysis of data related to disorders of speech development of young children was carried out. The author analyzes the features of international and domestic classifications of speech disorders at an early age, the most common clinical variants of this pathology. At the same time, the etiology of speech development delays depending on their disease is considered
Experimental synthetic approach to segment assessment of aggregate credit risk
No full textMultifaceted, multifactor and multicomponent nature of credit risk makes it possible to consider it as an integral hypothetical unit which consists of the autonomous diverse segments specifying risky situations. As the given article is focused on the mechanism of loan fund circulation within foreign currency loan the author considers the combination of credit, interest rate, foreign exchange and inflation risks within the aggregate (total, combined) credit risk. Foreign exchange and inflation risks generate special interest in relation to evaluation procedures as there can be statutory regulation of interest rate risk and well-functioning mechanism of debt capacity analysis as the main factor of credit risk. As commercial loans and bank credits taken by Russian companies are wide spread the authors of the article suggest an innovative procedure of aggregate credit risk assessment considering agricultural companies, as well as companies belonging to chemical and machine-building industries as «pure borrowers» (debtors). The research has a set sequence of procedures. During the first stage the authors structured a risky situation in the lending process, determined specific constituents and performed their further strategic agreement. The second stage implies the analysis of the possibilities and specific characteristics of the preliminary segment assessment of the risk level. The third stage involves the development of experimental synthetic approach to the segment assessment of the aggregate credit risk in case of foreign exchange rate and interest rate volatility when there are inflation expectations. The procedure considers the following scenarios: 1) isolated assessment of inflation risk; 2) isolated assessment of exchange rate risk; 3) complex assessment of inflation and exchange rate risks
Effect of Cold Swaging on the Bulk Gradient Structure Formation and Mechanical Properties of a 316-Type Austenitic Stainless Steel
No full textThe present study aimed to discover the effect of cold swaging reduction on the bulk gradient structure formation and mechanical properties of a 316-type austenitic stainless steel. The initial rod was subjected to radial swaging until 20–95% reduction of initial rod diameter, at room temperature. According to finite element simulation, higher plastic strain was accumulated in the surface layer compared to the center region during swaging. Microstructural investigations revealed three-stage gradient structure formation in the center and edge regions of the deformed rod. Meanwhile, cold swaging resulted in the development of strong 111ǁBA, 001ǁBA, and weak 111ǁBA texture components in the center and edge, respectively. Significant tensile strengthening was observed after cold swaging. For instance, the yield strength (YS) increased from 820 MPa to 930 MPa after 40–80% reduction respectively, without the loss of ductility (δ–14%). This unique aspect of the mechanical behavior was attributed to the gradient structure of the cold swaged material and explained in detail
Microstructure and Mechanical Properties Evolution of the Al, C-Containing CoCrFeNiMn-Type High-Entropy Alloy during Cold Rolling
No full textThe effect of cold rolling on the microstructure and mechanical properties of an Al- and C-containing CoCrFeNiMn-type high-entropy alloy was reported. The alloy with a chemical composition (at %) of (20–23) Co, Cr, Fe, and Ni; 8.82 Mn; 3.37 Al; and 0.69 C was produced by self-propagating high-temperature synthesis with subsequent induction. In the initial as-cast condition the alloy had an face centered cubic single-phase coarse-grained structure. Microstructure evolution was mostly associated with either planar dislocation glide at relatively low deformation during rolling (up to 20%) or deformation twinning and shear banding at higher strain. After 80% reduction, a heavily deformed twinned/subgrained structure was observed. A comparison with the equiatomic CoCrFeNiMn alloy revealed higher dislocation density at all stages of cold rolling and later onset of deformation twinning that was attributed to a stacking fault energy increase in the program alloy; this assumption was confirmed by calculations. In the initial as-cast condition the alloy had low yield strength of 210 MPa with yet very high uniform elongation of 74%. After 80% rolling, yield strength approached 1310 MPa while uniform elongation decreased to 1.3%. Substructure strengthening was found to be dominated at low rolling reductions (<40%), while grain (twin) boundary strengthening prevailed at higher strains
Mechanisms of the Reverse Martensite-to-Austenite Transformation in a Metastable Austenitic Stainless Steel
No full textThe martensite-to-austenite reversion mechanisms under continuous heating and annealing of metastable austenitic stainless steel subjected to cold swaging were studied. The reversion-temperature-time diagram was constructed using high-resolution dilatometry. The diagram revealed a sequence of martensitic and diffusional reversion and recrystallization. Martensitic and diffusional reversion might be separated by using the heating rate of >10 °C/s. The reversion started via the martensitic mechanism, and the diffusional mechanism developed during subsequent heating. However, both mechanisms enhance simultaneously during continuous heating at slow heating rates (<10 °C/s). At higher temperatures, recrystallization occurred. Post-mortem microstructure analysis has allowed classifying the reverse annealing modes into low- (500–650 °C), medium- (~700 °C), and high-temperature (~800 °C) regimes. During low-temperature annealing, the development of the phase reversion, recovery, recrystallization, and carbide precipitation was characterized by both a high amount of new austenite grains and restriction of their growth that resulted in the formation of an ultrafine grain structure with an average grain size of 100–200 nm. Medium-temperature annealing was associated with the formation of almost a fully recrystallized austenitic structure, but the lamellar regions were still detected. Austenitic grain growth and dissolution of carbide particles were enhanced during high-temperature annealing
Excellent Strength–Impact Toughness Combination of Heterostructured Metastable Fe-Rich Medium-Entropy Alloy
No full textThe effect of a heterogeneous structure obtained via cold rotary swaging (CRS) and post-deformation annealing (PDA) on the dynamic mechanical properties of a non-equiatomic 49.5Fe-30Mn-10Co-10Cr-0.5C (at.%) medium-entropy alloy at room and cryogenic temperatures was studied. CRS to a reduction of 92% and subsequent PDA at 500–600 °C developed a heterogeneous structure consisting of a twinned γ-matrix and dislocation-free γ-grains in the rod core and an ultrafine-grained microstructure of γ-phase at the rod edge. Therefore, the maximum stress (σm) value increased. Charpy V-notch impact toughness (KCV) decreased after CRS to a reduction of 18% and stabilized after further straining. However, the contribution of the crack initiation energy consumption (KCVi) increased, while the crack propagation energy consumption (KCVP) decreased. PDA resulted in increases in KCVi and KCVP. A ductile-to-brittle transition occurred from −90 °C to −190 °C. Cryogenic Charpy impact testing of the heterostructured material revealed inflections on impact load–deflection curves. The phenomenon contributed to an increase in KCVP, providing a longer crack propagation path. The heterostructured material possessed an excellent σm-KCV combination in the temperature range between −90 °C and +20 °C
Gradient Microstructure and Texture Formation in a Metastable Austenitic Stainless Steel during Cold Rotary Swaging
No full textThe paper aimed to study the evolution of the microstructure and texture gradient of a 321-type metastable austenitic stainless steel during cold rotary swaging. Cold rotary swaging was carried out with a reduction of up to 90% at ambient temperature. Pronounced gradients of the α’-martensite volume fraction, the axial texture of austenite (⟨111⟩ and ⟨001⟩) and α’-martensite (⟨101⟩), and non-uniform microhardness distribution along the rod diameter were obtained after a reduction of 80–90%. According to the finite element analysis, moderate tensile stresses were attained in the center, whereas high compressive stresses operated at the edge. Due to water cooling of the rod surface and heating of the rod center during processing, a temperature gradient was also derived. Features of strain-induced martensitic transformation, microstructure and texture evolution, and non-uniform hardening during cold rotary swaging were discussed
Following up the Discussion on the stricto sensu ‘Principles’ in Modern International Law, and Beyond the Same ….
No full textINTRODUCTION. The situation in domestic legal science of Russia in the field of research of the subject of principles in international law may be ascertained in general terms as a fairly static picture that inspires a serene belief in the immutability of the existing position and further stable sustainability thereof. Such state of things consists in the illusion of the non-availability of difficulties or problems – a person starts from the point of a binary opposition in the values of principles / norms, as well as the unchangeable existence of the dichotomy of basic and sectoral principles. At the same time, let’s take note, that sectoral principles are alternatively and in most cases equivalently treated as special ones [Chernichenko 2014:101-102]. The implications of the said assumption are ideas relevant to sectoral principles as based on the presumption of their similarity in essence and function, based only on the name and place in the regulatory system (branch of law). Undoubtedly, the general tendencies for the sectoral principles of the International Law (IL) are those, which, firstly, appear like basic ones, objectively, and, secondly, the lists and scope thereof depend from specific relations immune to particular branches of law. At the same time, with due account to the submissions afore-referred, the affected area is in many aspects significantly various, not simple and can give rise to many differing views, discussions, objections, rejection or support, etc., because it is conditioned by the real fact of availability in international law of a greater variety of substances/ other phenomena in the matter of principles. Due to the above, a more meticulous view of the principles in international law shall be required: on the one hand, revealing the rationale for the fact that they are not a chaotic phenomenon within the system of international law, and, on the other hand, providing a substantive analysis of them, taking into account the differentiation and identification of objects that claim to be placed under the head of principles, construing the typology thereof, etc. Such an approach is not only assumed as logical, but prima facie due by time and, therefore, fully justified.MATERIALS AND METHODS. The article is based on the provisions of international treaties, materials of codification of international law norms by the UN International Law Commission, judicial decisions, acts of law enforcement of the International Court of Justice or other international courts, and documents embodying the positive international law, as well as the teachings of the most highly qualified publicists in the field of theory and practice of international law. The research operates with various general and particular methods of analysis: dialectical materialism, structural and system analysis, formal logic, deduction and induction, comparative law, historical and retrospective approach, formal legal analysis, legal modeling, “techniques of evidence” (legal reasoning), as well as various methods of legal interpretation, etc., adopted in domestic and expatriate jurisprudence.RESARCH RESULTS. The purpose of this publication is to endeavor certain clarification of theoretical data related to such a fundamental category as “the principle of international law”, which is deemed to canbe achieved through proper identification of various constructions that operate with the element “principles” or similar terms, by way of systematization and delineation thereof from other phenomena available in the framework of international legal reality. Therefore, it is not occasional that the title of the article operates with such a formula to designate the discourse: “…. on the stricto sensu ‘principles’ in modern international law and beyond...”. To ensure the better links of the scope and objectives of the research in terms of highlighting the system of principles and smooth functioning both of international law itself and the entirety of its principles and norms, as well as to clarify and streamline the basic terminology and conceptual basis of international legal science in the matter of principles, the typology of concepts that form the legal backgrounds for contemporary regulation of interstate relationships has been commissioned herein, since there is heterogeneity of various heads of items that claim to be the principles of international law, even with no normative nature in some of them, etc. The same appears to be quite obvious facts. In witness of the same, there are, on the one hand, diversification of the normative principles expressed in modern international law, which determines the identifying features for each of existing heads of principles, and as an outcome of the latter, the need to build up the respective system, on the other hand. However, the grounds for “stratification”, i.e. the distribution of the principles per separate groups (for example, the subdivision into basic and sectoral principles or differentiation between the system-wide and special principles), are far from being exhaustively revealed as yet, and need in better targeted efforts of scholars. Due to the above, the author held differentiating sectoral and special principles inter se, having substantiated the segregation of the specific head of principles within the latter group – “principles of autonomous (self-contained) legal regimes”.DISCUSSION AND CONCLUSIONS. It seems that there is a serious substantive distinction between the formula “principles of modern international law” and “principles in modern international law”. The discourse outlined as “principles in international law”, having a broader sense and destination, in the absence of an unambiguous understanding of the term ‘the principle’, is more diligent to reflect the state of things in the field of principles in so far the legal science / international law science is concerned regarding the essence, features, and functional qualities of any particular type of objects, sometimes referred to as ‘principles’. In case, if it comes to “principles of international law”, they are to be identified primarily as the fundamental, guiding, hierarchically high norms within the system of international law, bearing the burden of the most important components of this system, and are classified according to generic and specific characteristics, which depend on their salient features. The formula “principles in international law” assumes a view of of the subject that has a broader and less structured range of options for qualifications
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