Translation of "This issue is related to" in English. Problems related to ensuring the admissibility of evidence The problem stems from the fact that
knowledge about ignorance; conscious formulation of questions that arise in the course of cognition and require an answer (because it is of theoretical and practical interest), which includes two main points (stages of the movement of cognition): posing questions and solving them.
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PROBLEM
an attribute of human existence and activity, which manifests itself as a difficulty in its continuation, requiring comprehension, reflection. According to X. Ortega y Gasset, "the main thing in the phenomenon of Life is its vague nature, its essential problematic nature. Everything follows from this, but first of all - philosophy. Therefore, philosophy always has its own special problem." The problematic nature of human existence is manifested in its inconsistency, uncertainty, unpredictability, riskiness; it is the ontological basis of any form of its comprehension and comprehension: artistic, religious, scientific, philosophical, which are fixed in various types of antinomies, questions, tasks, paradoxes, etc.
With t. sp. system analysis, P. is a purposeful state with which a purposeful individual is not satisfied and in which he has doubts about which of the available methods of action will change this state to a satisfactory one (R. Ackoff, F. Emery). In the epistemological aspect, P. is an ideal reflection of a real problem situation (practical and / or cognitive). A problematic situation arises as a discrepancy between: a) the goal and the means to achieve it; b) purpose and results of activities; c) the necessity and possibility of some action (individual or social); d) existent and proper. This discrepancy can escalate to a contradiction (including an antagonistic one). With t. sp. psychology, the emergence of a problem situation and its subsequent transformation into the original P. characterize the initial stages of the thinking process. The philosophical tradition (Socrates, Augustine, N. Kuzansky, and others) is characterized by the understanding of P. as knowledge about ignorance. The philosophers of ancient Greece expressed this understanding in the form of the following paradox of thinking: how can we search for what we do not know, and if we know what we are looking for, then what else should we look for? Modern cognitive psychology resolves this paradox by pointing out that the all-or-nothing law does not apply here.
The entire life of society (nations, classes, organizations, etc.), as well as individuals, in a certain respect, is a dialectical process of the formation and resolution of P. "The emergence and solution of problems, like systole and diastole - two phases of the cardiac cycle, determine the nature of the beating the pulse of the life of the entire social organism" (V. I. Kutsenko). Social P. is a form of existence and expression of the need for society to carry out certain activities. In a narrower sense, social P. is a form of existence and expression of the contradiction between the already urgent need for certain social actions and the still insufficient conditions for its implementation. The internal foundations of social P. - social necessity, need, interest, contradiction - "transfer" to it such a fundamental a / fungus as an objective character. The independence of social P. from the will and consciousness of people is emphasized in modern Marxist philosophical literature (See: V. I. Kutsenko, Public problem: genesis and solution. Kiev, 1984). Based on other grounds, J. Deleuze also emphasizes the objective nature of P.: "The problematic is both an objective category of cognition and a completely objective kind of being." He calls "to put an end to the old habit of thought to consider the problematic as a subjective category of our knowledge" (Deleuze J. Logic of meaning. M., 1995, p. 76). The search for ontological foundations of the problematic nature of human life is very relevant. E. Fromm wrote: "Man is the only animal for which his own existence is a problem; he must solve it, and he cannot hide from it." According to E. Fromm, the basis of the problem is the loss of the harmonious unity of man and nature. In the search for these foundations, in our opinion, the ontology of I. Hartmann and the ideas of synergetics are very promising. Modern philosophical and methodological literature discusses and partially implements the project of creating problemology - a special discipline within the framework of general scientific methodology, designed to systematically describe and explain the patterns of the emergence, functioning and development of diverse types of philosophy: scientific and philosophical, social and existential-personal, global, regional and unique. etc. The generally accepted typology of P. has not yet been developed.
Scientific P. is a form of organization and development of scientific knowledge. Historically, Aristotle's Gopika (384-322 BC) should be considered the first work on problemology. According to Stagirite, the thesis and P. are subjects of dispute: "... the thesis is a problem, but not every problem is a thesis ..." (Aristotle. Works. In 4 vols. Vol. 2 p. 361). In a dialectical dialectic, both alternatives must be explicitly formulated. He distinguished between practical and cognitive P.: "A dialectical problem is a task set either for the sake of choice and avoidance, or for the sake of (achieving) truth and for the sake of knowledge ..." (ibid., p. 360), as well as independent and auxiliary P. Aristotle developed P.'s classification and forms of their refutation.
The etymology of the term "problem" (as a synonym for "task") is usually taken from the Greek verb "balleyn" - to throw, i.e. P. is "an object thrown forward" (object). Neoplatonist Proclus (5th century), commenting on the "Beginnings" of Euclid, contrasted theorems and P., for him P. is a practical (within the framework of geometry) task that is performed in a certain way, and it is necessary to find these methods, invent them and fulfill the required construction (by no means the only possible one). The prehistory of problemology largely coincides with the history of the formation of the logic of questions and answers. The fundamental ideas were put forward by R. Descartes, G. V. Leibniz and I. Kant (antinomies of pure reason).
In philosophy and science of the XX century. interest in the study of scientific mathematics arises as a result of overcoming the crisis in the foundations of mathematics (the works of A. Poincaré and D. Hilbert), under the influence of the achievements of mathematical logic (in particular, the calculus of problems constructed by A. N. Kolmogorov in 1932, and the development of the theory of algorithms - works of K. Gödel, A. A. Markov, P. S. Novikov and others), cybernetics ("artificial intelligence"), cognitive psychology, systems analysis, history and methodology of science. A significant contribution to the development of problemology was made by the works of D. Poya, K. Popper, I. Lakatos, L. Laudan, Z. Tsatskovsky and others, in the domestic literature - the works of V. F. Berkov, V. M. Glushkov, V. N Karpovich, P. V. Kopnin, M. S. Burgin and V. I. Kuznetsov, E. S. Zharikov, V. E. Nikiforov, L. M. Fridman and others.
The structure of the scientific?. includes the following elements: a) prerequisite knowledge of all levels (special scientific, methodological, worldview, implicit); b) the central question of scientific P.; c) imperative - a requirement to resolve this issue; d) a preliminary image of the desired solution. It is obvious that scientific P. cannot be reduced to a question. Scientific P. is a system of knowledge that reflects a problem situation and its socio-cultural background, which has personal meaning for the researcher and is accepted (or rejected) by the scientific community. This is a developing, open, ordered system of research tasks, characterized by the uncertainty of the methods and results of the solution. From this point of view, the research task is the primordial phenomenon of scientific knowledge, its "living cell," and scientific P. is a multicellular "organism" in the external environment.
The functioning of scientific P. is determined by the fact that it is the "perpetual motion machine" of scientific knowledge, the source of its self-organization and self-development. In the process of research, scientific P. performs the following functions: a) determining - it determines the direction of research and encourages it; b) integrative - acts as a form of integration of scientific knowledge; c) systematizing. In addition, a functional typology of scientific P. is possible, in which P. of description, explanation, foresight, and praxeological P. stand out (“How to do this?”). The last type of P. in modern natural science, apparently, dominates (P. of controlled thermonuclear fusion, high-temperature superconductivity, "artificial intelligence", etc.).
The development of scientific knowledge is described as a set of states and processes that form the movement towards new knowledge. This set can be ordered according to different bases: according to the stages of problematization of knowledge, according to the functional types of knowledge, according to the stages of research, etc. According to K. Popper, the growth of scientific knowledge is described by the following scheme: P, - TT - EE - Ru where P , - initial scientific P., TT - "trial theories", EE - stage of "error elimination", P, - new scientific P. This scheme relativizes the development of science. For the technologically oriented P. mentioned above, another scheme is more adequate: scientific P. generates a research program that is realized in cognitive and practical results.
The concept of a research program entered the methodology of science after the works of I. Lakatos in 1968 - 70, however, in the reflection of scientists, it has been functioning for a very long time and is embodied in the form of program work. The effectiveness of a research program can serve as an indicator of the potential truth of the scientific proposition that gave rise to it. These concepts are used in the methodological analysis of scientific progress. So, for example, in L. Laudan's model, the criterion of progress is the maximization of the volume of solved empirical problems while minimizing the volume of anomalies and conceptual problems. This direction of problemology is in the process of formation.
Philosophical philosophy is a form of organization and functioning of historically changing philosophical knowledge. The fundamentally irremovable variety of philosophical trends, systems, schools, etc., the lack of unilinear progress in the history of philosophy lead to ambiguous interpretations of the nature of philosophical P. Nevertheless, it is possible to single out some relatively invariant characteristics of philosophical P. 1. Existential rootedness. A. Schopenhauer proclaimed: "Peace, peace, donkeys! - this is the problem of philosophy, peace and nothing else!" Among the ancient Greeks, the symbol of philosophy was the goddess - the messenger Irida (daughter of Thaumant - "Surprised"), because she asked about things. The desontologization of the philosophical system ends with its collapse. 2. Existential-personal significance of philosophical P. for its director and researcher. "Philosophy is what the philosopher himself is," said Fichte. Understanding philosophical P. is impossible without identifying its life roots, including those that are in the way of life of the thinker, the warehouse of his soul, the characteristics of his biography, etc. the fact that the problematic disappears," wrote L. Wittgenstein. 3. Fundamentality. It is inherent in philosophical P., since philosophical reflection is a search for foundations. "In every metaphysical question ... every time the questioning human being is also included" (M. Heidegger). 4. The systemic unity of the objective, operational and value aspects of philosophical P. The system of basic intellectual operations is determined not only by the properties of the object, but also by the aspirations of the subject. According to D. V. Pivovarov, the basic mental operations are crystallized in the main question of philosophy, from which various philosophical doctrines grow and which give these doctrines specific operational meanings. 5. Synthesis of the eternal and transient, invariant and variable. Like "eternal images" in art, there are "eternal" P. in philosophy (for example, P. of truth, freedom, good, etc.), which does not deny their concrete historical originality. The points set by the thinkers of antiquity are not only understandable to modern philosophers, but also continue to excite them: they are eternal, since they always retain their significance for humanity. "Do I mean to say: he who lives only for the moment is simply blind as a mole; if he were able to see clearly, he would also see the problem?" (L. Wittgenstein). 6. Holographic connection of philosophical P. DRU!" with a friend (according to the principle "everything with everything"). "No one seems to realize how closely many abstract questions are connected not only with the important interests of human life, but also with the very existence of this life. ... Meanwhile, this is so "(V. V. Rozanov). M. Heidegger wrote: "The closer we come to danger, the brighter the paths to salvation begin to shine, the more questioning we become. For questioning is the piety of thought." The problematic nature of the philosophical mind will always attract thinking people. (See Question and Answer.)
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Translation of "this problem is related to" in Chinese
Other translations
This problem is related to the sovereign right of countries to establish their own system of administration of justice.
The issue touched on the sovereign right of a country to establish its own judicial system.">
This problem is related to the difficult economic situation that emerged from the collapse of the Soviet Union, which appears to have had a more negative impact on men's health.
The problem has been linked to the economic hardship following the collapse of the Soviet Union which appears to more negatively affect men's health than women's.
The problem has been linked to the economic hardship following the collapse of the Soviet Union which appears to more negatively affect men"s health than women"s.">
This problem is related to the fact that public associations in Kazakhstan are subdivided depending on the territorial scope of their activities into:
This problem is related to the procedures for reviewing the Group's reports in the participating organizations, the timing and procedure for submitting such reports to the relevant legislative bodies, and the lack of proper follow-up on the implementation of the decisions taken.
The problem can be traced to procedures followed by the participating organizations in treating the Unit's reports, when and how they present them to their legislative bodies and what they do with the decisions taken.
The problem can be traced to procedures followed by the participating organizations in treating the Unit"s reports, when and how they present them to their legislative bodies and what they do with the decisions taken.">
It is clear that the poorest segments of the population suffer the most from the lack of legal protection, which suggests that this problem is related to socio-economic structure of society (...).
Legal insecurity clearly affects the lower income strata more severely, so that it is considered that the problem is related to the socio-economic structure of society (...).
The problem is related to the socio-economic structure of society (...).">
It came to the conclusion that this problem is related to execution of a decision of the Ministry of Justice in a particular case and cannot be resolved by a decision of a single administrative structure, such as the Ministry of Justice.
It concluded that the problem involved the enforcement of the Justice Ministry's ruling over the case and cannot be resolved by the decision of the Administration alone such as the Ministry of Justice.
The problem involves the enforcement of the Justice Ministry"s ruling over the case and cannot be resolved by the decision of the Administration alone such as the Ministry of Justice.">
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Other results
Fourth aspect this problem is related to such illegal activities as drug trafficking, movement of persons, weapons, smuggling, terrorism, etc.
A fourth aspect has to do with illicit activities such as drug trafficking, trafficking in people and arms, smuggling, terrorism, etc.
Aspect has to do with illicit activities such as drug trafficking, trafficking in people and arms, smuggling, terrorism, etc.">
Therefore, Finland offers two different solutions this problem, associated with using fiber reinforced concrete tanks in cold climates.
This problem of cold climatic areas and the fibre-reinforced plastic tanks.">
This problem directly related to the problem right-wing extremism and racial hatred, as members of the football fan groups most prone to such actions regularly take part in demonstrations and marches of extremist associations.
The issue of spectator violence is directly of rightist extremism and racial hatred, as members of the most risky football fan groups regularly participate in demonstrations and marches organized by extremist groups.
The issue of spectator violence is directly blended together with the issue of rightist extremism and racial hatred, as members of the most risky football fan groups regularly participate in demonstrations and marches organized by extremist groups.">
The information collected through the questionnaire revealed best practices across countries, as well as conceptual, methodological and data problems, connected with measurement of human capital.
Information from the questionnaire identified best practices across countries, as well as conceptual, methodological and data-related issues associated with human capital measurement.
Data-related issues associated with human capital measurement.">
In this regard, the Special Rapporteur would like to emphasize that this problem not connected with an attempt to find an international definition of "indigenous peoples" and cannot be resolved in this way.
In that regard, the Special Rapporteur would like to emphasize that this is not a problem resulting from, or which can be resolved by, attempting to arrive at an international definition of "indigenous peoples".
This is not a problem resulting from, or which can be resolved by, attempting to arrive at an international definition of "indigenous peoples".">
If some aspects this problem is related to political action by States Members of the United Nations, others connected with information-gathering, analysis and early warning activities, for which the mandate of the Special Adviser on the Prevention of Genocide was specifically established.
While some aspects of the problem involved the political responses of States Members of the United Nations, others involved the information collection, analysis and early warning function for which the mandate of the Special Adviser on the Prevention of Genocide was specifically created.
The problem involve the political responses of States Members of the United Nations, others involved the information collection, analysis and early warning function for which the mandate of the Special Adviser on the Prevention of Genocide was specifically created.">
Ensuring the admissibility of evidence raises a number of problems, both in theory and in practice. In this chapter, we will consider the most common of them and try to summarize the relevant opinions of scientists.
The main theoretical issues with respect to ensuring the admissibility of evidence include:
1. "Asymmetry" of the rules on the admissibility of evidence.
The essence of this concept is that the violations committed by the prosecution in the procedure for collecting evidence should not prevent their use in the interests of the defense See: Borulenkov, Yu. Decree. op. // Criminal law. - 2014. - No. 1. - S. 56 ..
This theoretical problem causes a different attitude. Some authors believe that the admissibility requirements should be the same for the parties See: Anisimov, A. Admissibility of evidence / A. Anisimov // Legality. - 2010. - No. 10. - P. 35 .. According to others, "asymmetry" should operate with certain restrictions See: Borulenkov, Yu. Decree. op. // Legality. - 2013. - No. 9. - S. 32 ..
It seems to us that such an approach to this problem would be fair, which provides for the imposition of "damages of proof" on the party through whose fault they occurred.
2. Insufficient development of the "rule of exclusion" in the criminal process in Russia.
This rule is intended to prevent violations by the criminal prosecution bodies of the constitutional rights of citizens due to the threat of recognizing the results of procedural actions as inadmissible evidence important for the prosecution. This rule is endowed with a number of specific features See: Shestakova, S. Admissibility of evidence in the criminal process in Russia and the USA / S. Shestakova // Criminal Law. - 2014. - No. 3. - S. 100.:
1) it applies only to violations of the constitutional rights of citizens, committed only by the criminal prosecution authorities;
2) it is designed to restore the balance of the procedural possibilities of the parties to the prosecution and the defense to defend their procedural interests, violated by the illegal restriction of the rights of citizens.
This concept is successfully operating in the US criminal process, while the Russian criminal procedure law, which received this rule, did not provide real mechanisms for its functioning.
According to S. Shestakova, this is due to a number of reasons See: Ibid. - S. 100 - 101.:
a) too broad interpretation of this rule at the level of national legislation;
b) fundamental differences in the construction of the evidentiary law of Russia and the United States of America;
c) limiting the possibilities of creating mechanisms that ensure the flexibility of the rule under consideration;
d) insufficient consideration of the features of this rule, which we have listed above.
It is worth saying that this problem needs to be solved first at the theoretical and legislative level, which will lead to the solution of the negative consequences arising from it that arise in practice. Only a more complete and adapted for Russia reception of the “rule of exclusion” can help the domestic legislator in this.
3. The problem of correlation between the concepts of admissibility and reliability of evidence.
This problem is due to the fact that a number of authors confuse the concepts of admissibility and reliability, and some even propose to combine these concepts into one common one. In this case, we agree with the opinion of Tatyana Shapovalova, who emphasizes the lack of identity of these concepts. Admissibility is the compliance of the form of evidence with the requirements of the law in terms of a number of important characteristics, while reliability is the correspondence to the reality of their content See: Shapovalova, T. Decree. op. - P. 98 .. Based on these findings, it can be argued that these properties of evidence are independent, but at the same time, of course, interconnected. The ratio of admissibility and reliability depends on the solution of the question of what social values the institute of admissibility of evidence is supposed to protect. It should also be said that the recognition of evidence as admissible does not prejudge the question of its reliability, and the conclusion about admissibility precedes the conclusion about reliability, but does not replace it See: Ibid. - S. 101 ..
With regard to the practical problems associated with ensuring the admissibility of evidence, among them are the following:
1. Should all violations of the law entail the inadmissibility of evidence and, accordingly, the deprivation of its legal force?
The answer to this question is defined differently by different scholars. I.I. Mukhin proposes to consider evidence inadmissible in case of any violation of the law. M.L. Yakub, on the contrary, believes that the evidence cannot be left without consideration on the merits, rejecting it for inadmissibility See: Pobedkin, A.V. On some problems of determining the admissibility of evidence in criminal proceedings / A.V. Pobedkin // State and Law. - 2011. - No. 7. - P. 54 .. O.V. Khimichev and R.V. Danilova subdivide violations into those that entail the inadmissibility of evidence in any case and minor violations See: Ibid. - P. 54. However, all these are the opinions of scientists, while problems really arise in practice.
At the same time, the Code of Criminal Procedure solves this problem with the help of imperative prescriptions provided for in part 1 of Article 75, which do not allow one to go into the assessment of a particular violation of the law committed in the course of a criminal case. That is, if any, even the most insignificant, deviation from the law is revealed when collecting and fixing evidence, then their annulment with all the ensuing consequences is inevitable See: Borulenkov, Yu. Ukaz. op. // Criminal law. - 2014. - No. 1. - S. 56 ..
At the same time, it should be said that the opinion of the Supreme Court of the Russian Federation, expressed by it in various decisions, is by no means always in solidarity with the opinion of the legislator. The specified subject very often indirectly indicates that not any violation of the law initially predetermines the possibility of recognizing evidence as inadmissible, but only directly related to the procedural form of collecting and fixing information established by the legislator, the violation of which gives rise to irremovable doubts about the truth of the content of evidentiary information. This position is also held by most practitioners.
In our opinion, in order to solve this problem, it is necessary to harmonize legislative and practical provisions, so that persons who in any way take part in the criminal process know exactly which evidence is inadmissible.
2. Is it possible to recognize admissible evidence obtained during a search, seizure, if the very decision to conduct these investigative actions raises doubts about its validity?
This problem is connected, first of all, with the performance of these actions in a dwelling, which is regulated by part 5 of article 165 of the Code of Criminal Procedure of Russia. In practice, situations sometimes arise when the corresponding decision of the investigator, formalized by his decision, is based not on evidence, but on data of an operational-search nature that cannot be verified, which makes it impossible to determine whether the said decision is justified. At the same time, judges usually recognize the evidence obtained in this way as inadmissible See: Sheifer, S.A. Decree. op. - P. 52 .. Then another question arises - what if the objects and documents seized in this way will have a clear probative value? And at the same time, the objectivity of the properties of these things is beyond doubt.
In our opinion, this problem requires clarification of the Supreme Court of Russia on this issue. Then, perhaps, discrepancies in practice will cease to exist.
3. The problem associated with establishing the preponderance of the prosecution when considering the petition of interested parties to exclude evidence, the admissibility of which there are doubts.
This problem often arises in practice, since most often the court is in no hurry to exclude the indicated evidence, based on the fact that the verification that they underwent at the preliminary investigation stage is sufficient to recognize the evidence as admissible. Most often it is. Moreover, the constitutionality of the provisions of Articles 234 and 236 of the Code of Criminal Procedure of the Russian Federation was confirmed at the level of the Constitutional Court of Russia.
In its ruling dated October 13, 2009 No. 1258-O-O, this court clearly stated that “the refusal to satisfy the request to exclude inadmissible evidence and the re-examination of this issue at the trial stage cannot be equated with the use in criminal proceedings evidence obtained in violation of the law, which is understood as the substantiation by such evidence of decisions on the establishment of circumstances relevant to the criminal case "On the refusal to accept for consideration the complaint of citizen Andrey Anatolyevich Tokmantsev about the violation of his constitutional rights by a number of provisions of the Code of Criminal Procedure of the Russian Federation: definition of the Constitutional Court of the Russian Federation No. 1258-О-О dated 10/13/2009. - Access mode: ATP "Consultant Plus". - Clause 2.3..
In this regard, we fully agree with the opinion of the Constitutional Court and do not share the opinion of those practitioners who dispute it.
In conclusion of this chapter, I would like to conclude that the topic we are studying causes many different problems, both in theory and in practice. The solution of these problems, in our opinion, will depend on the establishment of a uniform opinion of the legislator and the highest judicial instances, which will increase the effectiveness of procedures for ensuring the admissibility of evidence.
The global problems of mankind affect our planet as a whole. Therefore, all peoples and states are engaged in their solution. This term appeared in the late 60s of the XX century. Currently, there is a special scientific branch that deals with the study and solution of global problems of mankind. It is called globalization.
Scientific specialists from various fields work in this area: biologists, soil scientists, chemists, physicists, geologists. And this is no coincidence, because the global problems of mankind are complex in nature and their appearance does not depend on any one factor. On the contrary, it is very important to take into account the economic, political and social changes taking place in the world. Life on the planet in the future depends on how correctly the modern global problems of mankind will be solved.
You need to know: some of them have existed for a long time, others, quite “young”, are connected with the fact that people began to negatively affect the world around them. Because of this, for example, the environmental problems of mankind have appeared. They can be called the main difficulties of modern society. Although the problem of environmental pollution itself appeared a long time ago. All varieties interact with each other. Often one problem leads to another.
Sometimes it happens that the global problems of mankind can be solved and completely get rid of them. First of all, this concerns epidemics that threatened the lives of people on the entire planet and led to their mass death, but then they were stopped, for example, with the help of the invented vaccine. At the same time, completely new problems are emerging that were previously unknown to society, or already existing ones are growing to a world level, for example, the depletion of the ozone layer. The cause of their occurrence is human activity. The problem of environmental pollution allows you to see this very clearly. But in other cases, too, there is a clear tendency for people to influence the misfortunes that befall them and threaten their existence. So, what are the problems of humanity that have planetary significance?
environmental disaster
It is caused by daily environmental pollution, depletion of terrestrial and water resources. All these factors together can accelerate the onset of an environmental catastrophe. Man considers himself the king of nature, but at the same time does not seek to preserve it in its original form. This is hindered by industrialization, which is proceeding at a rapid pace. By negatively influencing its habitat, mankind destroys it and does not think about it. No wonder pollution standards have been developed that are regularly exceeded. As a result, the environmental problems of mankind may become irreversible. To avoid this, we must pay attention to the preservation of flora and fauna, try to save the biosphere of our planet. And for this it is necessary to make production and other human activities more environmentally friendly so that the impact on the environment is less aggressive.
demographic problem
The world's population is growing at a rapid pace. And although the “population explosion” has already subsided, the problem still remains. The situation with food and natural resources is deteriorating. Their stocks are shrinking. At the same time, the negative impact on the environment is increasing, it is impossible to cope with unemployment and poverty. There are difficulties with education and health care. The solution of the global problems of humanity of this nature was undertaken by the UN. The organization created a special plan. One of his items is the family planning program.
Disarmament
After the creation of a nuclear bomb, the population tries to avoid the consequences of its use. For this, treaties between countries on non-aggression and disarmament are signed. Laws are being adopted to ban nuclear arsenals and stop the arms trade. The presidents of the leading states hope in this way to avoid the outbreak of the Third World War, as a result of which, as they suspect, all life on Earth can be destroyed.
Food problem
In some countries, the population is experiencing food shortages. The people of Africa and other third countries of the world are especially affected by hunger. To solve this problem, two options have been created. The first is aimed at ensuring that pastures, fields, fishing zones gradually increase their area. If you follow the second option, it is necessary not to increase the territory, but to increase the productivity of existing ones. For this, the latest biotechnologies, methods of land reclamation, and mechanization are being developed. High-yielding varieties of plants are being developed.
Health
Despite the active development of medicine, the emergence of new vaccines and drugs, humanity continues to get sick. Moreover, many ailments threaten the lives of the population. Therefore, in our time, the development of methods of treatment is actively conducted. Substances of modern design are created in laboratories for effective immunization of the population. Unfortunately, the most dangerous diseases of the 21st century - oncology and AIDS - remain incurable.
The ocean problem
Recently, this resource is not only actively explored, but also used for the needs of mankind. As experience shows, it can provide food, natural resources, energy. The ocean is a trade route that helps restore communication between countries. At the same time, its reserves are used unevenly, military operations are conducted on its surface. In addition, it serves as a base for the disposal of waste, including radioactive waste. Mankind is obliged to protect the wealth of the World Ocean, avoid pollution, and rationally use its gifts.
Space exploration
This space belongs to all mankind, which means that all nations should use their scientific and technical potential to explore it. For the deep study of space, special programs are being created that use all modern achievements in this area.
People know that if these problems do not disappear, the planet may die. But why do many do not want to do anything, hoping that everything will disappear, “dissolve” by itself? Although, in truth, such inaction is better than the active destruction of nature, the pollution of forests, water bodies, the destruction of animals and plants, especially rare species.
It is impossible to understand the behavior of such people. It would not hurt them to think about what to live, if, of course, it is still possible, on a dying planet their children and grandchildren will have to. You should not count on the fact that someone will be able to rid the world of difficulties in a short time. The global problems of humanity can only be solved jointly if all of humanity makes an effort. The threat of destruction in the near future should not frighten. Best of all, if she can stimulate the potential inherent in each of us.
Do not think that it is difficult to cope with the world's problems alone. From this it seems that it is useless to act, thoughts appear about powerlessness in the face of difficulties. The point is to join forces and help the prosperity of at least your city. Solve the little problems of your habitat. And when every person on Earth begins to have such responsibility to himself and his country, large-scale, global problems will also be solved.
One of them is related to the existence of professional codes of ethics. These codes sometimes impose requirements on members of the profession that are not always compatible with the requirements of universal ethics, as well as with the principles of loyalty and obedience to the rules and requirements of the organization in which these specialists work. for instance , in some cases, the management of the firm may require that the lawyer provide information that, in accordance with the code of professional ethics, is confidential. Therefore, professional codes, as well as the activities of professional groups themselves, need to be controlled by the public. Professional codes should not be the source of some special ethics that would allow members of professional groups to "do what others" do immorally. For example, lawyers have no right to lie, deceive or mislead anyone in order to help and protect their clients.”
Another problem is related to the existence of a special responsibility of the profession to society. Lawyers must take care of the security and stability of relations between people, even when they are not entirely satisfied with the existing order.
Another ethical problem of the autonomy of the legal profession is the establishment of higher moral standards and rules of conduct. As a rule, no one expects businessmen and workers to work for free. Lawyers, on the other hand, are expected to serve and protect even those clients who cannot always pay for their work. They must also be prepared to work for as long as their professional duties require, at any time of the day or night, and to maintain high standards in their personal and professional conduct: to be more disciplined, refrain from indecent acts and be models of ethical behavior, not to consider the legal profession as an ordinary business associated with high incomes and profits.
Another ethical problem with the autonomy of professions is related to the fact that, having specialized knowledge and exclusive access to this knowledge, members of a professional group may be tempted to use it for selfish purposes at the expense of the population. It also requires internal control over the activities of members of professional groups and external control in order for society to be confident that the profession carries out self-government well enough and contributes to public welfare.
Question 8. Basic requirements of organizational etiquette.
Drafting of legal documents. Many ethical problems in an organization have their source in incorrect, insufficiently clear or carelessly drafted documents. Therefore, the correct development and execution of corporate documents is for a lawyer both a requirement of both organizational and professional etiquette.
A good form in the preparation of corporate documents is to comply with the following rules:
1) from the text of the document it should be clear how, with the help of what mechanisms and procedures, this sphere of relations is regulated;
2) a document, such as a job description or a contract, must take into account the peculiarities of regulated relations and apply to a wide range of relations;
3) the text of the document must be logically consistent and must not contain logical errors;
4) the language of the document should be clear and accessible, the wording, expressions and terms should be precise and concise. It is necessary to use terms and expressions that are familiar and accessible to a wide range of people, but at the same time avoid everyday, everyday speech; special legal terminology should not be abused;
5) the text of the document must be compact and properly structured into sections, chapters, parts, articles, paragraphs, paragraphs;
6) the ethical presentation of the material must be observed; the legal document must not contain insulting or frankly flattering, as well as degrading words and expressions; it is unacceptable to use metaphors, jargon and slang expressions. An exception to this rule are situations when it is necessary to quote in the text of the document. For example, a defamatory claim may need to include those offensive language that was expressed against the applicant.
Compliance with the requirements of official etiquette. From a lawyer in any organization, managers and employees expect that he will be a model in official relations and will not only fulfill the requirements of official etiquette himself, but also demand their implementation from other employees. According to these requirements:
1) it is necessary to protect the prestige of the organization where you work, speak well of it, comply with the requirements of corporate documents and ethical organizational standards: decency, responsibility, honesty, loyalty, care, competence, subordination;
2) it is necessary to maintain a friendly working environment in the team, show courtesy, tact, attention, respect towards colleagues, clients, managers, and, if necessary, provide assistance to colleagues;
3) we must try to avoid conflicts, and in the event of a conflict, resolve the conflict constructively and be able to compromise;
4) it is necessary to keep a distance in communication with clients, colleagues and administration and not mix personal and business life;
5) it is unacceptable to take out your bad mood on other people, complain about other people, about your problems. If, nevertheless, a "failure" occurred, you must immediately apologize. You can’t discuss someone’s appearance, clothes, figure, share the details of your personal life with colleagues and leaders;
6) all extraneous matters during working hours must be completely excluded;
7) you should always greet colleagues and respond to their greetings (it is enough to do this once a day);
8) all colleagues, regardless of whether it is a leader or a subordinate, must be treated with respect and tact;
9) you have to get up if the leader enters the room. No need to get up if colleagues enter;
10) in any case, one cannot respond with rudeness to rudeness, aggression, unfair or fair criticism. If the rudeness is allowed by the boss in relation to the subordinate, then the latter, if he is sure that he is right, it is advisable to ask the management for a personal meeting;
11) no one can make comments in the presence of a third person - this must be done confidentially. In the case of criticism (justified or unjustified), it is advisable not to make excuses, not to blame others, not to defend yourself, but to ask the right questions to the critic. If a mistake has indeed been made and the criticism is just, it is good manners to honestly acknowledge the mistake;
12) you can not use jargon and slang words and expressions, offensive words, abuse special terminology. It is necessary to speak, observing the rules of grammar;
13) it is unacceptable to listen to other people's telephone conversations and examine papers on someone else's desk.
To establish and maintain constructive business communication, it is necessary to follow certain principles, namely:
The principle of truth, which consists in not deliberately distorting reality;
The principle of sincerity, which consists in expressing one's true relationship with reality in the process of communication;
The principle of interaction, which is to:
a) provide the partner with exactly as much information as necessary;
b) not provide deliberately false or insufficiently substantiated information;
c) do not deviate from the topic and operate only with relevant (relevant) information;
d) avoid obscure expressions, unnecessary verbosity, ambiguous expressions;
The principle of courtesy, which assumes that partners will observe:
a) the “rule of tact”, according to which it is impossible to violate the boundaries of the partner’s personal sphere: for example, sometimes it is impossible to ask about the purpose of communication if it is not set; topics of private life, tastes, personal preferences (they are considered dangerous as they can cause tension and conflict) should not be touched upon.
b) the “rule of approval”, according to which one cannot condemn others;
c) the “rule of modesty”, which requires partners not to take excessive praise in their address, rejecting it as untrue.
d) the “consent rule”, which implies the refusal to clarify the truth in the event that this clarification can lead to a conflict between partners, that is, the refusal of the truth in the name of maintaining agreement and the interaction itself;
e) the “rule of benevolence”, which requires partners to express benevolence towards each other in a situation with an emerging conflict.
Compliance with the requirements of speech etiquette helps to reduce communication risk. Communication partners should:
Observe restraint in judgments, do not use categorical statements in speech;
Proceed from the decency of the partner (presumption of decency);
Express disagreement politely;
Use friendly intonation.
The listener should express his attention and interest in the speaker, look at him kindly, do not interrupt, listen to the end, do not correct the noticed speech errors during the conversation.
