About
necessity and inevitability shifts of the concept of a law
in force:
National and universal aspects.
Минин Б.А.
For each person,
each people, as a whole of human community is, perhaps, two наиглавнейшие
of a problem, around of which one concentrate set remaining: safety control,
conservation all of best of reached, life, and progressing, augmentation
available best. The safety control, law order is a major function of the
state. Purely, in due course it also formed mainly for this purpose.
With all evidence it is possible to
assert(approve), that the law order and safety of the citizens, « hardening
from an outrage рэкетиров, gangsters and bribe takers » in any country
depend on a lot of the factors: national mentality, overall performance
of law enforcement bodies and that look-alike, which one in turn, essentially
depend on the current legislation.
If to look narrowly more closely at
our life, the law-enforcement system - is easy to see, that its(her) exact
cast.
As it is sad to understand, but our
human progress both in large, and in small is done(made) by the persons
on the basis of own interest only in more often to commercial success and
very much often is tracked затаптыванием of concerns other: the neighbours
on a staircase, along the street, on a planet... So that frequently, in
the sum, this or that pitch turns round with regress. Let's try to be convinced,
that our right - casuistic, unnatural, insensitive, often is simple distorted,
with paradoxical outcome, return true stimulating not outcome, and his(its)
visibility, human whims, instead of real needs(requirements), - major volume
fault, that instead of more or less straight-line(rectilinear) paths to
the light future, separately and all together, we go by curves by paths,
too often countering one another.
According to the writers of the article
in one of last numbers already left тысячелетия of the german newspaper
"«ЦАЙТ", « in XX century гомо сапиенс introduced the most convincing
evidences of the unreasonableness. Twice for 100 years barbarism and cruelty
reached stagnation points, and each time mankind came to a conclusion(injection),
that saving of mankind for him(it) can become only creation of world COMMUNITY
». A problem only in on what to grout company and his(its) separate
members? - On philosophy? On religion? - hardly probable it sometime will
be possible; on mutual trade? Is something, but it is far from being вс
ё.
the newspaper continues: « Already
today complementarity of nations of the world day after day increases.
Debacles in any locale a pattern, whether it be applying of new kinds(views)
of weapon, air contamination, разваливание of economy or, not in the last
instance, clogging of information channels by waste of pseudo-culture
threatens to all mankind. The poetic pieces of foreign exchange of the
future тысячелетия there should be one: the global mankind should behave
пристойно ».
But link on пристойность, пристыжение...
- unless it is effective argument? Probably, at any forms of co-operation
or the main warranty непричинения one another of damage will be simple
of coexisting. And full responsibility, that is indemnification(compensation),
"«return" of all damage, which one was incidentally or is nonrandom is
marked to other. Today it not a rule, and without delay exception. In Russia
it specially notably. It is no wonder therefore, that the President of
country in the Message to federal Assembly on 2001г. problems of the legislation
has delivered in a number(series) maiden:
«... A strategic
problem of past year was strengthening of the state on behalf of all institutes,
of all levels of an authority it was obvious: without the solution of this
key problem to us to not reach(achieve) successes neither in economy, nor
in a social orb. We have delivered the purpose to line a precisely working
executive vertical, to achieve branch of jurisprudence and effective judicial
authority. And we should not retreat from it. Here - gear of implementation
of a state authority, effective protection of the rights of our citizens...
The degree of confidence of the citizens to the state is determined by
, as far as it defends them from an outrage рэкетиров, gangsters and bribe
takers... Today judiciary reform is extremely indispensable for us... The
court and did not become neither speed, nor right, fair... Our normative
- legal base, on the one hand, is redundant(excessive), with other - is
partial, she and does not decide put problems, as is adopted under pressure
of formation or departmental concerns.. .. The judge or can on a sole discretion
select diverse правоприменитель the norm(standard), which one seems to
him more reasonable. As the outcome, alongside with shadow economy for
us is reshaped also shaded justice... The preliminary investigation is
pulled by years. In the places of confinement and custody pending trial
is contained for us - ponder upon this digit! - more than one million the
person. A consequent of deprivation of liberty become breaking down of
families, impairment of health of the population and moral atmosphere in
company. The problem from legal has developed in общегражданскую... » (Recording
from a track)
ON ONE STEP FORWARD - A LITTLE BACK
Really, if to look narrowly that движет
an overwhelming part of human fluctuations, рефлексий in ours ostensibly
to well civilized environment, the main(basic) motive of their development
- thirst of new and new enticements, small and enormous on sizes, and at
the expense of own facilitiess - material, social, moral, spiritual (for
example, at the expense of waiving superfluous visiting of theatre, concert
hall...) - but also at the expense of happiness, health other. Such takes
place everywhere, where our right it does not see, and the tool of the
responsibility is too gentle or is slow to execute(come true) an active
screen to rip-off forward(straight) - or indirect, for example, by impairment
of living environments other or at the expense of destruction of natural
resources in fractions much more(much) superior own, personal, and state
fraction in a world-wide scale.
So, pressure bumps CO2 - and it only
proprietary parameter(index) техногенного of stress on an environment -
is completely various for miscellaneous countries and peoples. In calculation
on one person annually in USA it is 24 tons, in Belgium - 12, in China
- 1, in Haiti - 200кг... The population of USA which is compounding(drawing
up) 5 %, consumes 50 % of world resources(safe lifes), and for example
China, where 25 % of the population a pattern lives, consumes 5 % of world
resources(safe lifes) [From the mentioned below report В.И. Попова]. If
the civilized peoples bathed in the waste and this gas not расплывался
on an atmosphere of all planet and did not create for all землян real threat
of building-up of a hotbed effect and disastrous thaw of a climate of the
Earth, if the natural resources were taken under a surface of the own Earth
it there would be especially private affair of the Americans or бельгийцев;
If each of the motorists breathed by a carbon monoxide from the own automobile
(and behind half an hour he works out as much, how much mean smoker for
one year), if the fans(amateurs) of combats would exterminate only themselves,
vandals изгаживали only own housing, and the suppliers of films of horrors
looked them in the families, if the badly educated dog attacked only the
host, from a flat любительницы of grapnels any molecule of an odor to the
neighbours did not dive, and hackers баловались only with the computers,
all this would be only them is instead of public business. While our inert
right with rather dull reactings to these and look-alike factors essentially
reduces(descends) mutual understanding between the people, between the
peoples. And major - approximates all of us, sitting in one boat, to not
to the best ending, at a today's stage - creates tension of public attitudes(relations)
and promotes a physical and mental degradation of the person and mankind.
last century разбегание of races both
civilizations is speeded up, and fault to this in many respects - our right,
internal and international.
our civilization обгладывает, robs all
planet, keeping the one who with us not behind one desktop, only объедки.
But she robs and too! Unless
was on a little to Earth of civilizations, which one have completed the
life by suicide?
Recognizing many pluses of our civilization:
it is necessary to recognize meliorating home and social settings, strengthening
of the civil rights, acceleration of technological progressing etc.,, that
all this is tracked by enormous miscalculations in our social orb, including
at usage of achievements of science and technology as a rule requiring
by production of enormous destruction of natural resources and tracking
copious pollution of the environment by toxins, tracking noises, with a
copious pollution of the environment, to mankind, electromagnetic waves
and by irradiation. In a number(series) of cases the negative
effect on the damage is comparable and even exceeds positive.
On the other hand, the novelties new
goods and services, occur more often at the expense of cosmetic upgrading,
are entered disregarding real concerns of the people. The progress
appears imposed, artificial.
It specially notably in a spiritual
orb. Under the message of one of the employees of radio station « the German
surge » (Элизабет ВИБЕ), is real sales volume of compact discs with a folk
music much more exceeds sales volumes any other - and till a television
and the wireless her(it) is not audible almost, it is more than that, her(it)
клянут and despise. the show business
- is coarse коммерциализованная a system, founded on the registration of
the most primitive instincts of the person. To squeeze 90-year's старушке
a wedding dress - limit of their art. Only it is necessary well to itself
to introduce: you see such business - at the expense of harms by this старушке!
In 1997 in Germanium transfer at an electronic system of counting of the
sold compact discs. And at once those initiators, which one not раскручивальсь
have come to light. Them purchased and so.
we here imply show business both advertising,
and political know-hows..., everyone, who sells "«goods" - whether it be
dress, either deputy, or actor - disregarding of his(its) true
quality, is simple manipulating our consciousness.
It he, the show business, is increased
advertising copious nutrition and expensive(dear) cigars, «has "untwisted"
« Day of the father » at first in Holland, and then in Европе.- At the
expense of family purses and health of the men. The particular customers
here - мясники and producers of cigars. And so in all or nearly so in everything,
step by step, the progress occupies human company, step forward - two back,
one - on heads other, вкривь and вкось, one peoples taking away have more,
other - have less...
For a long time spread problem with
automobiles, in general with incineration of hydrocarbon fuel, not so is
harmless, as it seems, and concerns not only those who is near to motorways.
Originating from incineration of this fuel СО2 - major party in fault "of
«hotbed effect" and anticipated thaw of a climate - down to 200 - 400 hailstones(deg)
With through 150 - 200 years! On World-wide conference in Киото in 2000
all countries have signed a convention with promising to reduce pressure
bumps СО2. Only one country her(it) did not ratify - USA.
the administration Буша has pronounced, that is not going to bolster any
initiative, which one can preclude with economical progressing of USA,
- even if it will be contrary to concerns of human community and even if
it can bring all of us to an edge life or mors.
Let's recollect still absolutely recent
multidifficult, so by anything and not completed epopee of strife of one
scientist for yellow Saccharum instead of white, useless and already therefore
harmful. And furthermore much more expensive(dear), transactions, requiring
the large costs, of the greater number of the people - that is why to any
hundreds or thousand the person expedient. - At the expense of half-received,
i.e. stolen health of many millions.
As an example
it is possible also to mention shouting lacks of a globalization with artificial
secret section by the several transnational companies of commodity markets
of the commodity - including miscellaneous ostensibly of harmless technical
toys. But on business with huge social and ecological damage, as a rule
without his(its) indemnification(compensation) and even without demand
and full rating on the part of company. The progress really appears imposed,
мифическим, antisocial.
miscalculations of medicine,
too founded on principles of profit of the producer. Are well-known.
we shall say About ridiculous
and bitter historical "«expertise" of implementation in our life antiseptics
later. But is and absolutely свеженькие examples!
the stomatologists, is
active advocating ostensibly as absolutely indispensable intensive - on
5 (!!) minutes twice per day - cleaning of dents, kill at once two
зайцев: provide to itself a current(stream) of clients and help the producers
of toothpastes - in the bulk abrasive, as a sand paper. Both groups widely
sponsor demanded advertising, that is same show business. And the advertising
of Pastas гелевых, without mechanical fragments, i.e. harmless, lives as
poor крестьянка. I any more do not speak about the simple prescriptions
of usage for this purpose marine or usual salts with dry milk.
Them almost nobody notes.
With drugss without certification
of their quality all ещ ё запутанней. It is interesting, that exhausted
the book « Medical Немезида » years 30 back was is simple выкрадена from
all libraries, known for us...
the grimaces of behavior of a human kind
are borderless. Perfecting the laws of a human hostel with clear and all-inclusive
presentation of principles of the mutual responsibility is required.
The show business is not so much "«business", how much "«show": in
this kind(view) "of «sports" are torn huge number of the people with primitive
game show - psychology and with fragile, расхлестанной by mentality, which
one and take to reshape and visiblly reshape, it is better to say: distort
tastes "of «ordinary" of the spectator and listener. They face for the
microphone, direct, sponsor a wireless and телестанциии...
Or same Administration Буша. When she
is failed to bolster the shares directed on economical progressing of country,
she maintains concerns of the population, economical priorities which one
has managed to educate... Show business. And these « the rising needs(requirements)
» can grow indefinitely if not to deliver business so: it is necessary
to pay for all. Instead of to purchase another's quota& « on the right
» to pour out the mud for other. The pluses and minuses in each particular
goods should be seen by(with) each.
Without potent and inevitable feedbacks
from under a yoke of own fallacies to not be selected. It concerns also
Americans, and us with you, and all remaining.
the given rule(situation,position) is
confirmed by(with) uncountable supervision(observations) and severe studies.
Yes that there, it is possible to say, half vigorous life of science and
business and is absolute completely - all криминалитета depend on fearlessness,
and more correctly to say - непуганности of their adherents, at the expense
of large is brave for itself and in the even greater extent - for other,
at the expense of health and well-being which one all these growths, purely,
and prosper. Here and there, on closer examination, with an evidence it
appears, that in this cannibalism the absolute role is played by(with)
the right, « legally made out installations ».
the brightest, most terrible example
well studied and any more(not so) of time mentioned науковедами a historic
fact, of a mentioned, ignoring by all heavenly bodies of Europe of discovery
antiseptics in an obstetrics 1,5 centuries back. The semi-secular non-recognition
of this discovery has plotted to mankind a scar by a size in one hundred
millions life, - these losses are more, than in all wars, known for mankind.
And all this ignoring - not that diverse as баловство of mass of the academicians,
scientists and практиков, to which one passionately accessed Земмельвайс
of the whole 17 years of the life and which one in an emphasis(stop) did
not see terrible consequences from nonuse of facilitiess antiseptics -
strongly steadied then 20-ти percentage death rate of the parturient women.
the then right it баловства is simple
has not noted. But the same right dominates and now! It попускает
great crimes, at the same time казуистически скрупулезно chewing infinite
number small. And still is not capable them to stop.
health - problem
ill for any, and for the Italians including. The medicine, to some extent,
probably, quite is deserved, - one of public occupations with a potent
corporate egocentricity, selfdefence. « The German surge », among other,
tells as the self-defense of the doctors in Italy is organized, just there,
the Roman Law whence went.
It is considered, that
each year approximately 90 thousand Italians suffer from medical errors.
« The Tribunal on a protection of rights ill » works in a full loading.
But he be not capable to defend all offended patients from powerful « Awards
of the italian doctors », 327 thousand, including in the numbers,(series,)
specialists in white dressing gownes. "«This" union of the doctors - рвачей
» defends only official authority, instead of concerns ill », were actually
under protection of all-powerful casuistry. And in Virginiums it was possible
to set on the dock of the Minister of Health and his(its) people for delayed
acceptance of the law about mandatory check on AIDS of a blood of the donors.
The truth only after several tragical cases.
the outcome of lack of general rules of the legislation,
founded on existing legal system is an extraordinary congestion of channels
of the legal information, congestion of all degrees of jurisdiction, прокурорских
and lawyer entitiess, huge переполненность of places of confinement with
horrifying conditions of a contents and still as though ineffective, unconvincing
activity of all our law-enforcement system! Let's only ponder upon such
fact: about 20 % of our fellow citizens, in the main(basic) men, have visited
in prisons, i.e. each sat fifth, and still unpunished there is a large
number of antisocial particular acts which are not falling under the existing
legislation - which one, it is necessary to repeat, permanently, disastrously
lags life.
Outgoing from the text of the brilliant
report on one of conferences on strife with organized crime and globalization
of the Moscow institute МВД Russian Federation of his(its) director of
the deserved lawyer of Russian Federation, doctor of juridical science,
professor В.И. Попова, last year second тысячелетия in Russia was accomplished
more than 3 млн. It is more crimes, in than 2 times, than USSR was committed
in all earlier.
the computer crimes concern To the off-the-shelf
crimes of our civilization. Неисчислим of a harm from multiplied computer
viruses. The virus I love You has brought to the largest companies a pattern
damage on many billions of dollars. By the way, the party in fault was
retrieved, but, as far as we know, has not suffered punishment on смехотворной
to a reason... Let alone indemnification(compensation) of the marked damage.
the moral harm from corrupting, вредоносных
and dull television programs Is huge. The link that a broadcasting organization
to itself хозяйка, for pays the activity, - is groundless, for she will
use much more dear(expensive) - temporary and psychological resource(safe
life) of company. It is necessary to learn it(him) to meter and to input
into a turn-over.
the problem can be decided only then,
when the solution on all problems will be is made at a quantitative and
qualitative consideration for the interests of company. Best - by operating
microreferendums.
maiden has attempted to execute(come
true) here superrevolution in a scale of the whole country the American
billionaire РОСС PEN on selection of the President of USA in 1992году.
During election campaign major he has delivered this idea, having pronounced,
that the FORWARD(STRAIGHT) DEMOCRACY by facilitiess of direct vote of the
people (with the help of special attachments to a television) should substitute
democracy representation. And at the same time to cancel (!!) party strife
- today, as it is not ridiculous, almost alone method of permission of
social, political and many diverse conflictings. It is necessary to say,
that ещ ё of half-century back idea of forward(straight) democracy was
offered by(with) our scientist and writer - фантаст И.А. ЕФРЕМОВ in the
ingenious book - program « HOUR of a BUTTRESS ». That happens today, is
a converse to all common sense.
That, for example there is such invention
of our today's legislation, as ООО or ТОО, by which one is established,
that is it is authorized, having done mass of troubles and having sold
previously at the office all machinery, except for a stool, for the cost
of this stool and to bear all measure of the responsibility!? Commerce,
and now global commerce - most quick(rapid) path to beneficiating, but
he - brake of social progressing of company and country.
the shares of opposition, dead expression
of the complaint by separate civil companies were always. Always the advocates
of the nature were active. By the way, recently on Everest, roof(cover)
a pattern, the climbers go any more for conquest of top, and for redemption
her(it) from tons of waste, left by the forerunners. For many from us can
call(cause) condoling or at least comprehension the rough shares of the
protest against ВТО. On the other hand, can call(cause) for us the protest
and disturbance the acts of terrorism on the part of the quoters of those
communities, what not усажены for "«civilized" desktop with яствами, collected
with all test leadss of our planet.
whether But that is a path of struggle
with defects of our civilization?
Simultaneously let's try them to understand
and eventually to muse: whether there we go, professing технократическую
a civilization by an alone way fortunately?
whether it is time to us to input more
potent brakes, than those legal fundamentalses, on which one ours so-called
civilized society exists last 2000? Whether the now existing legal bridle
for those suffices who robs the neighbours, country, human community, responding
only for the fact that is entered in our legal laws? They, these laws,
and truly disastrously are not in time(caught up) life, though are multiplied
as a fly - дрозофилы.
Under the data of the professor И.Н.
ГЛЕБОВА, the full package(packet) of the acts, designed English and American
specialists only for one small Latin American country - Panama - has compounded...
10 thousand documents. Russian documents, only those, which one actuate
a word "«safety", the Internet more than 9,5 thousand is contained in a
network(grid)! - But who осмелиться to declare, what created by them «
the legal field » does not contain disastrous blanks? Also what it is irreproachable
as a matter of fact?
In opinion of the professors В.В. ЛУНЕЕВА,
made the in-depth report in Institute of the state and the rights of WOUNDS
on one of last conferences of going around century, under a press of criminal
law now qualify basically only those who has failed to employ the very
good attorneys, either to pay off, or to be estimated mentally ill or to
face political lossed, or to invent other verisimilar version...
Unless it not ущербность of our dominant
right? Let's see all list of real exterior and internal threats to national
security of country, reduced in the report, mentioned by us, В.И. Попова:
« These threats have different nature:
- the economical poverty of the majority
of the Russians, their food vulnerability, downgrade of an agriculture,
animal industries (поголовье of cattle was reduced for 10 years in 10 times);
- approach of a pica of stability(immunity)
of a fixed capital and conditioned by it техногенные debacles already bullying
us all elapsed year; an economic dependence from foreign states by the
way of bondage duties;
- a unfavorable ecological habitat of the
people in many locales of country;
- natural cataclysms;
- progressing криминализация of company,
economical attitudes(relations);
- aggressive invasion alien to us of pseudo-culture;
- waist of access of a huge part of the Russians
to formation т to national culture;
- information war, ideological violence;
- dip of the moral abutments, corrosion attack
of national mentality, physical health of the people, progressing death
rate of the population;
- interethnic tension, interethnic конфликтность,
religious and political extremism;
- the regional separatism... »
If to ponder a large part of these threats
from an imperfection of our legislation.
Now it is possible to assert(approve):
accumulating huge, the shouting inconsistencies of the theory and practice
of a law in force already for a long time have prepared base for radical
revision of his(its) concept. A law-enforcement system and, therefore,
as a whole company from it only will win.
It is time to enter as a fundamentals
of our coexisting the forward(straight) and clear responsibility on the
fact of damaging.
Only potent permanent all-inclusive
feedbacks "«by results of" can decide business and in proprietary, внутригосударственном,
and on a global scale.
this thought, as a matter of fact old
as patterns, but for each - as though completely unexpected, should be
realized by everything, we have grown before almost, but...
TO ACCEPT NEW - a PITCH MOST DIFFICULT
As the theory of innovations (новистика),
any novelty testifies, in general any stable system - technical, biological,
geologic, social … - has a natural beginning and natural (or artificial)
extremity; any system at adequate conditions originates in frameworks and
at the same time on the basis of audit of a former system, at some stage
competes to her and if there is sufficient advantages is foregone wins.
But too not навечно.
The origin new takes place even without interference of artificial
reason, is simple as outcome of mutations from stochastic effects of exterior
and internal information and energy "«noise", from which one there are
new and new combinations available, known members - or new, born by a similar
way. The newborn systems appear to competitive that system, in a subsoil
by which one or on the basis of which one they were born, and her(it) eventually
win. True: the developmental process of progressing of mankind, i.e. public
progress (or at separate stages - regress) takes place by constant multiple,
mass substitution of obsolete, loosened economical, technical, scientific,
social, material and spiritual formations on new (alas, is far from being
always best).
Imperative interference in whose this process of will can
it(him) postpone the stall or, on the contrary, by revolutions, a little
to accelerate. Otherwise it expresses in public losses: material, economical,
social and psychological to evaluate which one, sitting inside a system,
it is extremely difficult, if at all it is possible, and it
it is necessary to do(make) behind its(her) limits, operating concerns
надсистемы, for social reorganization - concerns of company.
from these it is enough well-known of
stands we and we tender to see at our right as at a system it would seem
quite steady, resisted, more than two thousand years, potent and rather
influential on public life of many countries and peoples - those are active
самовоспроизводящуюся, which one have formed "«ours", most active on the
Earth технократическую a civilization overwhelming all other civilizations
- which one by all facilitiess, available for them, including by a terror,
attempt to resist to our potent stress on their economy and culture, is
far from being always salutary.
... So, our civilization, progressing by which
one last centuries was poured out in huge acceleration of technological
and economical progress, and last decades - in a globalization of economy
and masses - медиа, because of absence there are enough of developed negative
feedbacks, i.e. simply - brakes brings all an increased harm to the people
and planet as a whole. As a matter of fact, all countries outside a so-called
gold billion are robed, approximating us, all together, to world-wide ecological
and social disaster.
And it is really easy to watch, that
all or nearly so all pluses and the minuses of our civilization with its(her)
main(basic) trump - technological progress are conditioned by ours правоустройством.
Including disastrous backlog(lag) from technical and economical progress
of our social progressing as a whole and ethical level - in particular(personally).
OUR RIGHT And OUR LIFE
our right, on details, on members rather
different in miscellaneous "«civilized" countries, at a conceptual level,
between that, has certain communal features, tags, by which one it essentially
differs from other legal systems of other earth civilizations dwelling
on the other religious and ethnic foundation. It notably contrasts that
was up to him(it) and that is number(series), that is in time and in space.
Among many negative features of our
right, undoubtedly, weaved under potent influencing our religion,
christianity, or even from him(it) copied, I would call such, on my view,
major, as the bet on a certain responsibility for violation(disturbance)
писанных, "«established" rules, - legal rules (« a sin as violation(disturbance)
of divine installations ») and on provisional punishment as a sufficient
measure of retribution for perfect "«offence".
this bet on the so-called legal responsibility
instead of social and on punishment instead of indemnification(compensation)
of damage has reduced in huge number of inconsistencies and to an enormous
harm - both public, and social, commensurable in a number(series) of cases
with communal favour of achievements of a civilization or even to its(her)
superior.
from this available mass foregone negative,
shouting consequents, which one in all красе were exhibited last century
left тысячелетия - and which one should not proceed(pass) in new!
They, collected together:
1. a defiance, at all events transfer(transmission)
on long-distance priorities of consequences from any, even of grandiose
antisocial particular acts, if they are not registered by the way of rule
of laws.
2. casuistic, дотошное settling-out of the
legal laws - and at the same time defiance of many scale socially significant
requirements of our life.
3. Неинтересность, ничтожность from the point
of view of legal proceedings of a figure lossed, which one becomes twice
lossed: from the infringer and from the judiciary.
4. the mass statement(confirmation) in the
people of psychology of a heroic aura from удачливости in looking ups and
in selfish usage of legislative, technical, administrative and diverse
blanks and огрехов "a «civilized" pattern instead of implementation of
psychology ненанесения of a harm.
5. Криминализация of human community and
разбегание of human civilizations, many of which basically can not accept
our way of life, do not want or can (important) participate in plunder
of resources(safe lifes) of a planet.
6. Переполненность of prisons, in which one
has visited about 20 % of all population of country, basically man's, with
respective exception from production and housekeeping of many millions
arms and heads.
7. deserved or undeserved озлобленность many,
if not majority of punishment, convicted by the breach of justice.
8. self-reproducibility of the underworld
at the expense of usage of places of confinement as schools and polygon
for teaching to receptions(tricks) of usage бесспросности, tolerance(insensitivity)
and lack of general rules of our right.
9. improbable затянутость of legal proceedings
and in general his(its) extreme ineffectiveness.
10. the growth of the administrative vehicle
and circle of polyhabit spasms, torn to an authority, in usual, послевыборной
of life, however, is effective оппортунирующих and cancelling any reorganization,
them(him,it) unprofitable or them misunderstood.
11. existence of a clan of scientific (science)
and officers (vehicle) put in conditions practically of the full indifference
in общественно positive outcomes of the activity and which is not in charge
of sometimes horrifying negative consequences from implementation of the
achievements or from conservatism (on Марксу: профкретинизма) in relation
to effective achievements another's (« Not invented here »).
intergovernmental, interethnic, and even
the racial conflicts, forward(straight) physical destruction(annihilation)
of the people in wars, however, fade before numerous victims of constant
miscalculations because of connivance of our right, miscalculations already
accomplished(perfect) and committed daily, hourly without declaration of
war never legally condemned, but creating as a whole potent field of a
social directivity, неприятия of a political system, человеконенавистничества,
I crave to leave from company and even life... Already mentioned by us
В.И. Попова in the report results the following facts:
«... By 2050 our number to decrease
on 26 млн. The person also will make 121 млн. And the President Путин considers(counts),
that of the Russians can become less on 22 млн. The person in 15 years...
If in 1988 in calculation on one thousand the person of the population
was born 16 children, in 1992 - 10,7, in 1996 - 8,9, in 2000 8,6... »
the reason of these miscalculations
can be seen even on "«educational" examples.
See Тв-show such as « Court goes! »
- well, for example, where is reasoned to place(install) or to not place(install)
repayment of telephones on duration, or: to log or to not log home dogs...
mass словоблудия instead of... Of the
simple and clear approach through definition of damage, look: the costs
of time of a phone call - through repayment of depreciation of equipment,
salary of the operators etc.; a problem of registration of dogs - through
a rating of saving of the costs on investigatory activities at definition
of the holders(owners) of those dogs, which one have attacked, have bitten
or «is "simple" облаяли of the person, for it would seem by the foreseen
present legislation of indemnification material and moral damage.
Here it is necessary
to remind, that now in settlements one dog is necessary approximately on
20 persons. If in family 2-3 persons and all of them madly like her(it),
remaining 17-18 are forced to suffer everything, that from it(her) follows:
загаживание of territory, occupation of parks, attack or the threat of
attack, покусы etc. In a pattern from attacks of dogs annually perishes
about 33 thousand the person, 5 - 6 millions the person are forced annually
to do(make) vaccinations. The fine, officially established in Russia, for
вс ё it - 30 roubles. But let's interrogate bitten, for what sum of compensation
they are ready to repeat вс ё subsequent to it: a pain, treatment, moral
damage...? Are many and many thousand, tens thousand roubles! To you latent,
dead damage. It is those fair sums, which one should be established for
indemnification(compensation) on the part of their holders(owners).
Despising, were indignant,
being galled a highest level "«особаченности" of our population, it is
necessary, however, well to remember, what is it not only ill mentality
of his(its) significant(sizeable) part: half - aggressive - boorish, half
- кукольно-toy, it is egoism and bad manners, extremely low level of home
culture and ethics one, apathy other, to some extent and real (or far-fetched)
need(requirement) for a constant selfdefence! And still major - absence
the sensing legislation which is knowing how to create a constant field
of the mutual responsibility and thus to know how to oppress any developments
of a mass psychosis suffices.
Only threat of the fines comparable to the
cost of a flat, will allow adequately to react to those who manages услаждать
itself at the expense of other: whether by loud music, mat, on those who
trades in drug traffic or economizes by wrongful descent in the rivers
or in an atmosphere of toxicants. Etc. etc.
About dogs. There should not be without
attention of jurisprudence (present) only attack, even «is "simple" облаивание
by a dog, to be exact through a dog ill-bred or is simple by the mentally
ill holder(owner). In Poland, by the way, for it it is necessary the fine,
and considerable. Let alone punishment for more severe consequences. -
pre-image that should be established by company for protection against
the aggressive fellow citizens.
Yes that there dog! Where more смертоносны
toxic exhaustes of motor vehicles. Introduce only: 1 liter of engine fuel
turns in the motor engine to 400 grams of hard toxic substances, which
one settle on soil, in ours mild... One of the heroes « of Hour of a buttress
» И.А. ЕФРЕМОВА from the future "«recalled", as in dark « an Aeon of the
disconnected worlds », in an aeon our, « громыхающие smoking повозки »
заполонили all our planet...
By the way, social damage from it recently
is calculated. In Moscow he compounds neither much - nor a little... About
200 american dollars per capita annually. For family from 3-4х the person
the exception of this sum for contaminants would be a noticeable increase
to the incomes. But major - drop of kilometers on полунужные of trip!
In transfers(transmissions) such as « the Court goes » - solid comedy.
As well as on real sessions of the court. But on them is even more ridiculous
and where more dramatically: you see there are decided of real destiny
of the real people accused and which have lossed. Courts, a major problem
which one is, as a matter of fact, confrontation the practical
fact with the legal rule, frequently and е ё reduce up to a level of remedial
games.
, look, listing аудиозаписи of judicial proceedings
of the Moscow municipal court of December 6 2000г. The secretary of judicial
proceedings is absent. The minutes and verbatim record by court is not
carried on. A beginning of session of the court 12-20, termination(ending)
13-04. On what there was almost hour?
The chairman of session of the court, hereinafter
"«chairman", П: Мосагетов is? On business Мосагетова Андрея Сергеевича.
- Yes, yes.
- Chairman: « Show, please, your passport(certificate)
».
- Jugs Владимир Захарович (hereinafter of Jugs, К): Know,
the petition asked to transmit...
- П: who?
- К: Барышенко.
Jugs transmits the petition to the chairman.
- П: he in what hall?
- К: he now is absent
П, interrupting:
- That, ask to postpone, whether what?
- К: No, he now will come, for him(it)...
- П: we have not reached yet before.
- П: the petition is esteemed by board: the chairman
- Миронов, judge Борисова and Ионова. There is no diversion? The petitions
have any?
- Мосагетов: No. Though I have application
- П: Please!
- М: the Petition should be considered.
- Yes, as a rule.
- I attempted to hit on business previous, which one
just(now) was esteemed; unfortunately, could not hit on session of the
court under the private complaint Филиповой. Me the employees of law-enforcement
bodies have not leaked(skipped) in a hall of sitting.
- П: It not to us a problem.
- М: I realize, I give clear definition to address these
employees
- П: we can bear the intermediate order, if only we shall
break a law предусмотрения of businesses
- М: I realize, by consideration of the private complaint
Филиповой was coarse the article 9 is disturbed.
Etc. and т.п...
And it словоблудие at that congestion of
legal proceedings and as a whole of legal system - till 30 dollars per
capita annually, almost on one for working week.
casuistry, крючкотворство - person and
nape of an existing legal system of installation of the law order. Assert(approve),
that today there are more than two hundred definitions of terrorism more
than hundred definitions of democracy... In what are forced to practise
the theorists of the rights selfcontained within the framework of existing
- on definition, of the existing, В.А. Шемшука, "«сатанинской",
[Шемшук В.А. OUR GRANDPARENTS. - M.: world-wide Fund of a planet the Earth,
2000, seconds 100] of the absolutely unnatural concept of the Roman Law.
In practice, except for mass of only remedial problems, instead of simple
and clear estimation of antisocial misconduct from a stand of the marked
damage, the lot of time of judicial tribunals leaves on formulation in
all courts of each offence where to refer this business - to criminal,
administrative or civil procedure law, when it such (for example, criminal),
and when ceases by him(it) to be (and becomes,say, civil), that is "«wrongful",
and that is "«criminal" - and from it, it appears, almost on 180О the solution
of the question is inverted! All this - daily cares of the practical lawyers,
judges, advocates, attorneys, public prosecutors - them for us about 100
thousand, in USA - more than 2 millions. In our codes: criminal, Civil,
Administrative... There and here articles with threats of repayment in
rbl., in МРОТ, commitment for one month, year ten flash(flicker)... - all
this свистопляска instead of the natural requirement: Indemnifications(compensation)
of the marked damage. Whether it promotes an overall performance of law
enforcement bodies, all law-enforcement system and, accordingly, well-being
of our life? Certainly, no.
one more, is far from being last problem
of law enforcement bodies - international..
the reorganization, which have begun
after our capitalist revolution, shuffle and the perturbations to goods
have reduced not all. The huge contrasts in skills, ещ ё are more - in
the artificially created initial (launching) conditions after облапошивания
of broad masses a plus a low spiritual level облапошивающих, their dislike
for the people, and also absolutely the bad so-called liberal - democratic
legislation have reduced in mass discharge of the people from activity,
to flight of a huge banking capital and brain drain abroad.
And there, in turn, there was вовсю
a problem неприятия of our immigrants.
All over the world, not only we, have directional expansion of the
citizens of one countries, more often economically less developed, on territory
other. This expansion is carried on by wrongful paths by those more often
by persons, which one know how to overcome boundaries by the persistence,
perseverance, which one specially study blanks in the legislation of those
countries, on territory which one dive. These people as a rule do not stay
before anything to be consolidated on « of the held territory ».
Besides it is not necessary to overlook(forget),
that the encouraging "with the «liberal" democracy переманивания of brains
results in successes переманивающей of the company, but at the same time
and to damage for the population of country, in which one "«brains" flow
away. Its(her) population frequently without sympathy concerns to the immigrants
- and it is necessary to say, as a rule quite is deserved.
And somebody calculated, what damage
bear those peoples, from which one the migrants run down? You see most
persevering run, most enterprising, cleverest.
whether Has the right a civilization,
world law radium некоей of commercial profit of the separate persons to
encourage rich countries вс ё time to rob poor? Whether and so it is expedient
rich? To the separate businessmen and employers of a cheap manpower - yes.
And as a whole to peoples?
In our hemisphere
the Armenians, турки, Russian, украинцы, the Jews, болгары under all excuses
permanently get over in manicured countries of West, first of all in Germanium.
Let's congratulate arranged and посочувствуем to the germans. The radio
station « a German surge » in the review(view) of world press for January
2000г. has given the following rather self-critical quotation from the
Bulgarian newspaper: the cheap transactions of the nonregistered emigrants
— is the workstations, taken away from the germans, use by the ready social
values, it is brands from bins of the german tax bearers. « The Plus ours
вонючие of a galley », — is written by(with) the Bulgarian newspaper.
Let's add: the and more sharply increased criminality, and potent дискомфорт
for indigenous population, and his(its) gloomy national outlooks from многодетности
of the visitants. Etc. etc.
whether with it by all the native born peoples
Can be pleased?
the persevering attempts пражан отгородиться
by a wall from overpopulated and загаженного цыганами are no time of fine
region of Prague have shown: no and very much no. By the way, in a context
of the existing "«civilized" legislation these attempts, alas, have failed:
it appears is a violation of rights of the person. And who has thought
of the rights of other side? Who and why imposes to us priority "of «THEIR"
rights? Whether it was more correct to recollect ours own?
We should recognize, that free migration while, in today's legislative
frameworks, - малоприятное seizure of present democracy.
On the other hand, unless roughly less
developed countries develop only at the expense of the skills and natural
resourcess? Where they put the dirty productions, where store the waste,
paying for it only пфенинги and cents? You see same Europe or USA, if their
pressure bumps СО2 and the more so токсикантов not расползались on a planet,
and would remain above these countries, long they would suffer it? And
who вовне in this case would begin to mind? Or if the countries - contaminants
wholly paid damage to contaminated countries... Then for these countries
chance to be in time(catch up) ours somewhere by speeded up civilization
would be incomparably higher, than now, when they on laps and with the
extended arm.
all this, alas, is absolutely not capable
to trace the existing casuistic legislation - and thus at present huge
speeds of technological progress mankind, speaking a technical language,
goes « in an offset ». A natural consequent of this acceleration can be
only exhaustion of resources(safe lifes). Or self-breaking down. In any
case this suicide.
WHY OUR BEHAVIOR SO IS CONSERVATIVE?
Why at all lacks of our civilization,
at all capability of a global tragic outcome, predictablis best minds(wits)
of mankind, the universal policy remains practically invariable? Why our
legal system now as is steady, how was all two thousand years it(him) concerning
quiet life? Why for each of us it almost as a physical constant, how by
the God the given essence? Why it so is steady самовоспроизводилось and
самовоспроизводится all these тысячелетия?
the answers, that is called, lay on
a surface:
1. It is christian principles absorbed by
us with milk of the mother, including yes - нетная psychology (good - bad,
is guilty - is innocent, the hell or paradise is guilty - безгрешен,;
etc.). From words of one of the theorists of the Orthodoxy Серафима Роуза:
« the Person достоин of a hell... If he недостоин of heavens. Who lives
not on christian revelation, that lives on other, false, and all false
revelations carry on in an abyss » etc.: « who not with us, that against
us ».
2. a relative simplicity from the point of view of the
specialists and on the other hand objective complexity for "«clients".
This system after development of the language both some minimum of the
norms(standards) and rules is rather expedient to a significant amount
of the adherents of an existing system - lawyers - financially and, major,
psychologically, quite often allowing easily « to powder brains » with
all not by inhering to their clan and major - friend before the friend,
as on bullfight.
3. the obvious hardening, creates which one she
for significant(sizeable) number of criminal members, управленцев and in
general for some small part of the population (basically man's), for which
one the ideal life is a solid game. At the expense of other.
Certainly, the main(basic) front of resistance
to tendered radical shear in theory rights, in legislative and in законоприменительной
to practice, undoubtedly, hereafter will be organized by(with) the specialists
held by it daily. And they can be understood. And as to all remaining mass
of the citizens, the hope is created by(with) that simple fact, that the
new rules suddenly should be subject to all and at once, without visible
exceptions. But it will happen нескоро.
… Perhaps, brightest expression of damage from all
it is non-recognition in flow полувека already of history, mentioned by
us, of discovery antiseptics with victims by number about 100 млн. чел.
The major reason of this damage - absence of a potent lasting field of
the responsibility, which one could not and now in mass can not stage ours
казуистически бесспросное the insensitive right. The same as today it powerlessly
to create a screen, for example, mass of smallest sins of the drivers on
roads, or dismissed by magnificent color заразе of computer viruses which
are taking away from the people billions of man-hours of on-duty time and
billions of dollars and roubles or sluggish occupation of our territory
by the persons of the most miscellaneous nationalities...
As a result of a perusal all here written
the readers can have problem: whether and there is a worthy alternative
to the prevailing law, which one would help to remove or even essentially
to lower these troubles? You see if her(it) no, бередить ill wounds not
that that is useless - immorally; whether there is a solution of this problem?
YES, SHE IS, here again already was
repeatedly mentioned.
On our view, worthy alternative will
be revival on the new basis(fundamentals) that was before occurrence(appearance)
of the bases(fundamentals) of the Roman Law and that till now there is
in many other civilizations ours a pattern: ВОЗМЕЗДНОЕ, or we speak
- the reversionary RIGHT, системообразующие it is possible to set
up tags which one so:
1. priority, and for overwhelming majority of
cases - in general alone yardstick at the solution on culpability and about
an extent of culpability a parameter(index) of the marked damage to other
person, company with simultaneous by waiving of any link
on necessity of definition so-called of legal responsibility as a fundamentals
of proceedings.
2. assertion to the infringer (infringers) of the responsibility
of indemnification(compensation) in the material form(shape) of all marked
damage, not envisioning deprivation of liberty as universal method of punishment
(except for the persons who have really shown the social danger). Indemnifications(compensation)
can be from itself from the colleagues or cognates. Or by the way of improvement
on high-gravity - but not humiliating! - activities.
Thus about any to cancellation or about drop of a level of investigatory
activities can not be and speech.
Complementary system principles indispensable for practical implementation
of a system of the reversionary Right:
3. the writ in the degree of jurisdiction can
be sent by any person at submission(representation) of the objective
items of information; the claim can be collective for two and more damaged
- отграничение will be made during investigatory and expert activities.
4. the realization of investigatory activities on the
fact of damaging, definition of objects and subjects of deposition,
and also realization of expertise with a rating of value of the
actually marked damage or damage of potential (risk) can be entrusted to
the convener (accredited) on that entitiess (legal person) by court or
any of the sides. The realization of the investigatory and expert sides
can be accepted by such organization under the own initiative, it is necessary
- with engaging for a rating of methods and facilitiess of sociology and
социометрии among the applicable quota of the persons in respective conditions
5. the solution on sufficiency of the items of information
for commencing a suit and for his(its) completion receives court (full
court); he is obliged to select this or that version of the concluding
by results of a consequent and expertise. Or to offer.
6. all persons participating in opening-up and decision
marking on particular business, bear a parity liability for damage
from this solution, including for the subsequent damage of one of the sides
because of delayed stimulation and completion of business, overestimate
or underestimation of sums of compensation outside the established permissible
boundaries etc. the Solution on it receives the court of appellate jurisdiction.
a special explanation requires(demands)
item 3 of this list. The necessity it(him) can be explained by a psychophysiological
feature damaged, their lack of information or fears for the life, and also
features of the affecting factors (for example, their latent or latent
nature of effect - radio waves, irradiation, ultrasound...).
Let's agree with our opponents: yes, some
of the existing laws already as though envision indemnification(compensation)
material and moral damage. But better they it at all would not do(make)!
For only spoil, distort all natural and simple as patterns idea of indemnification(compensation)
of damage - return lossed everything, that you have taken away in him(it).
By the way, including costs of activity of law enforcement bodies.
to company this approach for a long
time also is well-known. Up to a uncontrollable spreading in all sides
of principles of the Roman Law, we shall repeat, throughout friend for
the lawyers - практиков and theorists of the right, for the people and
was. And now Operating equally to counteraction(reaction) » still
expresses by the well resisted verbal title block such as « or « it
is necessary to pay For all », valid even at a level of a lifeless
fabric (Third law of Newton)! Practically it quite effectively acts for
many peoples, including for a number(series) of the peoples of Caucasus,
helping them to survive in hard conditions.
what orbs can be enveloped by the reversionary
right?
the answers to this problem are mirrored
in our draft federal law " About social safety and social progressing ",
which one actuates original positions by designed our group of the concept
of the reversionary Right and are diffused to all kinds,(views,) known
for us, of negative effect per capita and company.
... At definition of
social safety and social progressing such factors, as are subject to the
registration:
-
Rise of threat to life, health, property and personal contributions;
-
Loss of the family provider, other negative factors, foreseen
ГК Russian Federation;
-
Material, psychological, temporary and diverse overloads
of the person separate groups of the population and company as a whole;
-
Impurity harmful техногенными by chemical agents and biological
objects of air, potable water opened basins and soil;
-
Effect of the physical factors: radio waves, radioactive
contamination, noise, dust etc.;
-
Sanitary - epidemiological impurity and деэстетизация of
territory;
-
Negative effect through all sense organs of the person, including
audio, gustatory, visual, olfactory, other socially active factors on physical
and mental condition of the person over the established sanitary - epidemiological
official and public norms(standards) — of a social background;
-
Delay of treatment, aggravation of illness, including because
of an ineffective and incorrect direction of treatment, непредоставления
by treating entities of the information indispensable ill or his(its) cognates,
other treating entities;
-
Rise of social tension (for example, because of переуплотнения
and multinationality of settlement, heightened криминогенности of conditions(situation),
dangerous behavior of the domestic animals, drivers of a motor-vehicle
transport, off-standard activity of power systems, orb of servicing, state
of a municipal infrastructure etc.);
-
Negative informational - psychological effects, including
through printing, body and radio program, as a whole from aesthetic, spiritual
impurity of the information environment;
-
Misinformation, allocation distorted and false of the information;
-
Education of youth and as a whole companies in antisocial
spirit;
-
Distribution(propagation) of antisocial philosophy, which
one in the long term can plot to company material, economical, social,
moral and diverse damage, social instability, tension and social failures(stalls);
-
Conservation общественно harmful or общественно of useless
productions and any activity or artificial termination of activity общественно
useful;
-
Fraud of the buyer and seller, including declination to self-deception
from undeserved prestige (image) of the producer;
-
Development of an obvious or latent corporate egocentricity
by the way of unjustifiable complicating of items and - or of conditions
of allocation of services, departmental rules and operating instructions,
общественно not conditioned, opened or implicit arrangement of the producers
etc.;
-
Delay of patenting and promulgation (publication) of socially
significant achievements;
-
Violation(disturbance) of the copyrights, неуказание of a
name of the writers of achievements or holders(owners) of intellectual
property;
— And also any other factors negatively affecting health,
psychological and physical condition of the person calling(causing):
-
Ungrounded drop of a material well-being, spare time,
-
Impairment of a psychological state of the people, оглупление,
forfeiting of the people of the right to decide the destiny in a measure
of the capacities and, on the contrary, own licentiousness of the people,
-
Peaking of feeling of aimlessness of existence, ненужности
for itself, for family or company,
-
Infringement of feeling of own advantage,
-
Spiritual, mental and psychophysiological degradation of
the person,
-
Spiritual and spiritual spiritual bankruptcy, including from
breaking down of national culture, from forfeiting a faith in the future,
in characters, in the resisted inclinings without adequate substitution
and (or) psychological indemnification(compensation).
Easier everything, certainly, now to do
without by calculation economical or material damage. But it is all крохи.
Already there are communal enough approaches for a rating of social damage
(where, for a simplicity, we engage all his(its) "«incorporeal" kinds(views)).
the existing legal system anything,
except for tension of public attitudes(relations), with itself does not
bear. And social losses from all they was greatest. Therefore,
except for and without dependence from usual kinds(views) of expertise
of the programs, projects, any novelties (on saving capital and carrying
costs, on realizability etc.) now introducing social quantitative (and
not just verbally expressed) expertise strongly is required, which one
would manage beforehand to forecast, to evaluate and to count all social
consequences - positive and negative. Also would express anticipated variations
quantitatively, in roubles or in dollars on rouble or dollar of the demanded
costs.
As it is necessary to value and any
reorganization, any electoral programmes of all crews. Now they at its
best defend concerns of any social strata ostensibly most offended and
degraded, - as a rule at the expense of oblivion of other strata, for which
one other crew struggles already... About any public concerns there, сям
anything does not flash(flicker) at all.
On the fact it means absence of any
limitations (bridle) in relation to any scientific, technical, economical
and social experiments above mankind - including experiments communist,
liberal - democratic and any diverse, the writers and explorers which one
- ideologists, scientific, управленцы, chiefs of countries and companies
really in any way do not respond for any negative consequences from the
shares, including, for predatory destruction of resources(safe lifes) of
the nature, at the expense of which one we, purely, and live. And for destruction(annihilation)
of a psychophysiological potential of the person - for example, at uninvited
expansion чужеродных of the immigrants.
If in a pattern instead of the infinite
renvois on infinite писаные of a rule of law the well realized and stored
rule of repayment of the marked damage, in total material, economical,
social, physical, ecological, moral was entered alone..., and resorting
from another's countries thus beforehand knew, that on a visit they should
wholly pay for all introduced there troubles, and country - exporter, памятуя
about necessity to pay damage plotted where that was the citizens, would
manage to pose wishing попастись on manicured another's fields the applicable
screen - not on political, and on social motives (i.e. to not confuse to
the Iron Curtain!), those would run from the country only who wanted to
be typed for civilized countries of mind(wit), that itself to become better
and then to present something to the brotherhood, it would be absolutely
other migrants and all would be then too absolutely differently, including
concerning a tolerance, tolerance of the population of countries, on territory
which one there is an expansion of the citizens of other countries.
existing законодатнльство to envelop
all this is unfit.
To the natural DEATH
So, we shall not speak about a practical capability
indemnifications(compensation) of plotted damage on the basis of the existing
legislation. She is not peer to zero point, but she is insignificant.
she anywhere practically will not be used. And this fiction corresponds
with really plotted damage, as today gathered ecological tax with an ecological
harm, about 10: 200. In Germanium, by the way to equate ecological tax
to "«truth", calling the price for gasoline and 4, and 5 brands, attempted
"«Green", when were torn to an authority. And now, having seized, have
no political bravery to call more than 2, 4 brands at tax in 2,5 пфеннинга.
As any indemnification(compensation) of damage here also does not smell.
Though it is necessary to say, is, and already for a long time, developed
enough method of applications of definition, quantitative calculation of
damage economical and material - today it knows how to do(make) almost
each second. Lack them, perhaps, in redundant развитости. There are also
guidelines on definition of the moral damage - they just on the contrary,
are too primitive. All this is. But as the independent argument any respecting
itself and science the lawyer trained by the mandatory link to the legal
responsibility, voluntarily them does not perceive and to not perceive
begins, and the main(basic) front resistance to such radical shear in theory
rights, in legislative and законоприменительной to practice certainly will
be organized by(with) the specialists held by it daily, which one will
experience, that... Something hard, well familiar suddenly leaves from
under legs.
In my disposal(order) there was a recorder recording of conversation
with one of the most experienced lawyers, here it(him) we shall not call.
Decryption her(it) with some reductions(abbreviations) I shall try out
to play back here. From conversation it is possible well to see representative
arguments of the representative adherent of the prevailing law. Or their
absence?
... OPPONENT: is a recovery of a principle око
for око, eye for an eye, dent for a dent... Two thousand years back mankind
from it has refused. (ARGUMENT 1)
Я: Is not "«it" has refused, and to him have refused
THE OPPONENT: - If to speak about distribution(propagation)
of the doctrine of the Roman Law (РП), it is an incorrect conclusion(injection),
it is diffused to civil attitudes(relations) (ARGUMENT 2), and other
does not encompass. There is a tangle: a critic РП is used concerning Criminal
law. It is unacceptable, as it is miscellaneous branches of law.
Я: - What I can on it say? At first to me, looking with
the side, it is pure all the same (not sitting inside a system). You know,
that the system inside itself can not come to self-progressing; to a self-destruction
can, to progressing - no. I am quietly referred, if someone outside of
a system tenders something native born. I invoke you quietly for this to
consider. And the ignorance of the terms is in general twelfth business.
THE OPPONENT: is only so it seems, the incorrect use
of the terms results that it is impossible to understand and to make the
justified conclusions(injections). (ARGUMENT 3)
Я: - Give about essence we shall talk, instead of about
the terms, and I am ready the terms to change though till twenty eight
times on one week, if only it was understandable and clearly.
THE OPPONENT: - So no, business that all this is; that
you tender, it all is.
Я: - What "«it"?
THE OPPONENT: - Well, there is a mixture(mixing) proprietary
and public law, (ARGUMENT 4) two main(basic) global
directions, which one are guided by miscellaneous principles. You criticize
РП, but at the same time attempt principles of Roman Private law to distribute
to the right criminal. Criminal - branch of public law.
Я: - And say please, unless we necessarily should divide
them? What for to us it?
THE OPPONENT: - What for to divide? But even that now
in them the miscellaneous principles, miscellaneous approaches are perceived.
(ARGUMENT 4) Alphabetical: if in private law so: that is not forbidden,
it is authorized, in the field of public, state law this principle does
not act, and acts opposite. (ARGUMENT 5)
Я: - So. Well, and what for it is all have invented?
THE OPPONENT: - it is difficult to me to say, but the
business in, that was not tangles in the approaches. (ARGUMENT 6)
Understand? You there that the dog has bitten the person. We have on it
answers. Other problem - definition of a moral harm, method of application
of definition of this harm, I would understand it and with pleasure it
has seen, mathematical definition, высчитывание of this harm, it yes! But
when speak, that we do not have responsibility, - yes there is for us a
responsibility! (ARGUMENT 7) Including indemnification of a moral
harm and material! There is this responsibility, she is stipulated by the
civil right. And in the field of criminal law the responsibility is stipulated
by the legislation. Material including, and buy-back, and the application
of the civil actions is possible during processes and other, other. Then,
substitution of court by certain administrative commissions... (ARGUMENT
8) I do not know, what is it such. More precisely, I know, what is
it was earlier...
Я: - they are and now..
THE OPPONENT: - But forfeiting of the person of the right
on judicial protection (ARGUMENT 9) that there are any commissions...
Administrative production - not court!
Я: - Артур Евгеньевич, say, please, and protection whom
you mean? The one WHO has plotted an offence, was plotted by(with) damage
or WHOM are marked. Whom?
THE OPPONENT: - Unconditionally, whom are marked.
Я: - So, and whom this protection is necessary, if damage
indemnify completely? To him indemnify, and everything, what for protection
is necessary? Who needs this legal proceedings, which one incredibly tightens
business?..
Approximately same arguments were introduced
also by(with) many other lawyers...
HOW to US ПЕРЕУБЕЖАТЬ of the OPPONENTS?
Certainly, main(basic) front of resistance
to tendered radical shear in theory rights, in legislative and in законоприменительной
to practice, if this shear could take place specialists held by it daily,
undoubtedly, will organize. And they can be understood. And as to all remaining
mass of the citizens, the hope is created by(with) that simple fact, that
the new rules suddenly should be subject (if it is necessary) to all and
at once, without visible exceptions.
At severe transition to the reversionary
Right psychologically by most difficult will overcome waiving the links
on the legal responsibility. Besides nevertheless it is necessary to revise
and to unitize the existing method of applications of calculation economical
and material damage. And it is necessary to input definition social, including
social - ecological effect and damage as a certain novelty for the majority.
As it is possible to see from the elementary example, reduced above
with a rating of the moral damage from attack a dog, the method of application
of a rating of this damage is rather simple and is universal enough. Even
basically. Certainly, the methods of a rating other, not less significant
for the person and company of kinds(views) of social effect and damage
- for example, from toxic, radiation or wave action, on the order are more
complex(difficult), but also they are quite fulfilled.
Yes, they keep any equivocation. BUT!
This equivocation where is more certain, and the number of methods of a
rating in hundreds, in thousand time is less, than the number of those
real situations, with which one deals the today's judge and which one he
is forced to customize with existing pigs of definitions - articles of
huge number of the existing laws. So that many from the judges, whom this
свистопляска already for a long time sits in печенке to, after the declaration
of the reversionary Right only with facilitation will sigh. Remaining it
is necessary переубеждать long and persistently. It by him(it), as колосок
in a throat, will not go.
the implementation of the reversionary
Right, sluggish and installment, can be conducted "«from below", within
the framework of the existing Russian legislation, gradual increase of
a fraction of judgements with carrying of center of gravity on definition
of all plotted harm, it is necessary with usage unified, well verified
systems of a complex(integrated) rating of damage. Or "«from above", legislative
solution or decree of the President. But in any case necessarily step-by-step
and slowly, since actions of proceeding of the least complication with
the subsequent biassed discussions in MASS-MEDIA of adopted judgements.
Besides to remove any possible(probable) reproaches in discrepancy(inaccuracy)
of calculations, in недоработанности etc., it is necessary to start, presenting
for repayments lower of the counted values of a sum of compensation.
If
the implementation of the reversionary Right will begin, there will be
reproaches of miscellaneous caliber and nature. Including to the person
of the pioneer. Whether it is possible to consider(count) logical, what
осмеливается to insist on the new approach and even tenders the solution
as though at all professional, and the person, in communal that damaged,
endured his(its) disgrace is completely not more than other countrymans?
For acquitting we shall
repeat here once again that from a history is well-known - Маркс it has
assigned explicitly and even with humour: - the most significant,
most radical discoveries in any field(area) do(make) непрофессионалы.
The professionals then study them, research, design(elaborate)... Obviously,
professionals to see in customary exotic hinders that Маркс when that has
called "«профкретинизмом".
But what me to the engineer,
then economist, then specialist under the theory of innovations (новистике),
that is formally located outside of an orb of the right, has allowed to
approach to this solution?
is, at first, well-known,
paradoxical facts, striking, probably, any normal person, large and small,
but infinite on number of cases of mutual damages plotted by us one another,
observed personally and told MASS-MEDIAS horrifying and simultaneously
ridiculous on the evidence of cases on the right and to the left of us
legally not qualified as offences and consequently remaining unnoticed
by existing legal system.
There is an oilpainting
full ненаказуемости - no, it, purely, not so it is important, major - full
непрекращаемости all these покусов, shocks, theftes, rackets... For many
types with pathological psychology the look-alike attacks, probably, substitute
act of war, and are for them an acutely indispensable resource of the appendix
of the aggressiveness or licentiousness. Or is simple by substitution
of disastrously missing capacities to do(make) общественно useful business,
that is implementation ambitious устремлений without real capacities, that
is why without an analysis(disassembly) of facilitiess and methods develop
rough activity, общественно harmful including, - not prohibited,
and therefore solved our right.
And all this unpunishedly
only because does not yield to a legal rating and, therefore, does not
call(cause) proper response of company.
Secondly, me desperately
was lucky(carried) with my maiden trade, thin and multilateral is a long-distance
radiolocation. All of us very much early on technical, concerning simple
examples have learned(found out), that such ёмкость and resistance, upbuilding
and escape energy opened and closed system, positive and negative feedbacks,
classification on speed and many other things, having almost exact clones
in the speaker of public attitudes(relations).
In third - there can be,
it even major - personal involvement in several long-time litigations as
the witness and indirect spectator - litigations, so by anything and not
ended neither for accused, nor for damaged, but demanded huge
gains from all three sides: both it is more judges, and suspects, and ещ
ё - lossed.
At last, to reasons that allows me is active to insist
on a capability of implementation of principles of the reversionary Right,
it is necessary to refer and that fact, that for last quarter of left century
we managed well enough to complete and to test on hundreds examples from
many branches of a national economy effective enough principles, methods
both method of applications of a rating of effect and damage, any, - real
(actual) and perspective (potential): economical, material, ecological,
social, moral...
all this so to say, subjective - personal
aspect. But there are also other, where more acute reasons for the opponents
to marshal potent lines of self-defense: phobia to appear outside of the
rallied group those who now introduces idea to company. Certainly, than
the introduced idea is less designed, the hopes for its(her) severe perception
by company less. But than she is more designed, especially another's feel
to her from the very beginning not attracted.
In the given particular case not all
so. In maiden, even at all дотошности preliminary development of the main(basic)
piece of the new right - quantitative rating of all kinds(views) of effect
both damage and rich practical expertise of its(her) usage in a System,
officially operating since 1994, of certification of quality ССК, the judiciary
practice will present mass of problems requiring of the creative solution
on whole mass of hard aspects. Them will suffice on all.
it is completely clear, that for implementation
to the full concepts of the reversionary Right still are required gains
many thinking правовиков, practicing lawyers, economists, specialists on
social problems - "«социомистов" ("«социомика" - by analogy with "«economy"),
people of other specialities on problems, at this stage not completely
foreseen. Many from them for last years to decide it was possible, many
to decide it is necessary.
On an example of the amalgamated calculation
of a rank of this achievement it is uneasy also to show, as laurels, if
someone at one time will dedicate them, достанутся not to one, not to two,
but many specialists who have wished to be involved and to development
and implementation ВП, the pioneer among them most likely will be simple
затерян.
the calculation
is made for a definitive stage - completion of development and implementation
on three orbs of effect:
1. On 100
thousand Russian lawyers: for half from them the direction and performance
of their activities at least in 2 times will change, i.e. the annual effect
will be equal 0,5 х 100 х 103 чел х 50000 rbl. / years (annual ЗП) х (Е
= 2 - 1) = 2,5 х 109 rbl. / years. Full effect for С.М.И.,* = 20 years:
2,5 х 109 х 20 years = 50 млрд. Rbl. (50 х 109). Is an effect for all years
of MASS-MEDIA after implementation ВП.
2. On 1 млн.
Departing term: 106 х 0,5 (the minimum from full number, on which one will
influence the introducing of the reversionary Right) х for 5 years of a
mean of drop of residual term of the concluding at the expense of indemnification(compensation)
of a part concluded of the damage, marked by them, ** х10 т. Rbl. for one
year (them СЗП) =1 х 106 х 0,5 х 5 х 104 = 25 х 109 rbl. ***
3. On 100
т annually condemned х 0,5 their numbers (as a minimum) х 10 т. Rbl. /
year х 20 years = 10 5 х 0,5 х 10 4 х 20 = 100 х 109 rbl.
calculation of a full
potential ПП and relative potential of a software: ПП = S = 175 х 109 rbl.
» 6 х 109 american dollars; the software = 6 х109 dollars / 5 х 103 dollars
/ чел. **** 106/чел., i.e. is a million times more than productivity(output)
mean землянина.
a rank R = Lg a software
= 6. On classification ВКК, creative extent of the maiden persons - chiefs
of development and implementation « the world-wide academician ».
On the lower floors -
tens other academicians of creative progressing.
all this - in case of
full implementation. At the given stage odds of usage of a potential in
= 0,01 - 0,1; R = 4-5
updating(adjusting)
for a case of the subsequent implementation in USA (calculation only on
1-st orb).
For the American lawyers 2 млн. чел. Approximately for
100 etc. / year =2 х 106 х 100 х 103 х 0,5 = 1011доллов х 20 years = 2
х 1012 dollars (for 20 years from a beginning of implementation)
For USA the stage of full
implementation in Russia can be esteemed as full-scale experiment, i.e.
odds of usage of a potential в=0,1 *****
R = 2 х 1012 х 0,1 = 0,2
х 1012, R = 2 х 1011/ 5 х 103 = 0,4 х 107
R=7,2 - in ВКК the classification
of creative extents is absent.
Now speak about a place
of Russia in world community much. Obviously, hereafter she can become
a source and polygon for full-scale experiments progressive socially of
most significant experiments. The patent system for registration and возмездного
of distribution(propagation) of look-alike achievements ещ ё should be
created, but е ё of a rule(situation,position) already for a long time
are known.
* С.М.И., Term of an obsolescence, - time, during which
one the substitution of the Roman Law on the reversionary Right can be
considered as achievement new and useful concerning a status quo of public
practice (before implementation of the reversionary Right).
** At their consent to substitute deprivation of liberty
with forward(straight) return (indemnification)((compensation)) of the
stayed sums of damage or on hard works,(tough jobs,) indispensable for
company. The share single, therefore on С.М.И. Is not multiplied. The complementary
economical scoring for the affected party from obtaining sums of compensation
is not taken into account(discounted).
*** It is their future(next) ЗП; the made commodity approximately
in 2-3 times is more; in calculations too is not taken into account(discounted).
**** Среднегодовая productivity(output) of a human labour
at the rate of on 1 inhabitant of the Earth (about 5 х 103 dollars / чел.
Year.)
***** « A Rule(situation,position) about a Maximum qualifying commission
», Appendix 1, table Р, - IPDA, m. 1996
As it is possible to see, the creative extents
of miscellaneous levels wait tens and tens competitors. The truth, instead
of for certain considerable number of thesises executed(designed) on the
former basis(fundamentals), which one will be more difficult and more difficultly
all for defending.
it is possible to understand the specialists,
certainly. But early or late all this will comfort, on that is historical
examples. Науковеды speak, that before occurrence(appearance) of the Ohm's
Law in Europe hundreds plump thesises on the subject of about a ratio of
pressure(voltage,stress) and current in explorers were annually defended.
The competitors and already defended диссертантами met the novel by a not
applause. But the outcome, as all of us know, was « in our favour ».
And as to all remaining mass of the
citizens... The hope is given by(with) that simple fact, that to the new
rules, we shall repeat, suddenly it is necessary to be subject to all and
at once, and without visible exceptions.
But most important, is necessary to
say, that the problems of social safety today are much more perceived,
than 5, 10 and the more so 20 or 50 years back, if they then were formulated
and are deserted in ours then still very quaggy, unripe company. Clearly
взрослеет all world community. Having recollected твердокаменную opposition
of USA to all human community concerning policy of protection of an earth
climate (and other look-alike финты), whether is surprising, that USA in
the beginning of 2001 the places in have lost;
commissions of the United Nations on human rights? For them it was as a
thunder among a clear palate and already for certain has caused(urged)
someone in Staffs to muse. It is necessary to express hard reliance(confidence)
that per the most nearest years of idea of the reversionary Right for all
human community without exception will be perceived as of itself азумеющиеся.
But for this purpose it is necessary much to make, since Russia.
« RUSSIA, TRANSITION TO NEW TIME »
many prophecies assert(approve), that Russia in 30
years new тысячелетия becomes the most powerful, most attractive country.
Of itself it will not happen, such her(it) should be made by(with) we.
But really, will ask many, it is possible, that such these people could?
That, from a beginning of modification
the maiden turn of a phase in us already has taken place. We already not
that were in ostensibly « an Aeon of general equalling and благоденствия
», pair of decades back. Now each wants and should be necessary even to
someone, and it causes(urges) to be, well even to seem better, than you
are. Still breed, and it in us will be consolidated. Now it is necessary
to learn not smaller - to not put by other of a harm - personally, through
the organization, neither whole people, nor religion or religion.
The implementation of the reversionary Right will allow, will force
us literally переродить our psychology from free or involuntary looking
up of blanks and capabilities somewhere something to snatch, at any capability
to exhibit наглость, or хамство, or, as to the officials, - a night-blindness
on a principle full избегания of any forms(shapes) of deposition by other
of a harm.
whether the look-alike metamorphosises
Are possible(probable) within the limits of one breed, one social organism?
successes new, but already of reduction
medicine, which has well got stronger branchess conducted by the produced
surgeon Л.В. ПОЛЕЖАЕВЫМ, (log-book « Miracles and the adventures » №2 for
2001год) assert(approve): YES! NOT a MECHANICAL PROSTHESIS, not чужеродный
a transplanted body, and REACTIVATION - third, most effective path in reduction
medicine! Л.В. Полежаев has demonstrated: the reactivation of not regenerating
tissues for an animal and person is possible(probable), and not only tissues
(for example, at a myocardial infarction), but also even of finitenesses,
dents, bones of a calvaria... And, as has appeared, it takes place easier
and better, than prosthetic repair and implantation. The tissues become
здоровее, than were!
On the same subject see newspaper «
CAN NOT BE » № 112: the Swedish and Israeli scientists possible to deoxidate
damages of a spinal cord animal at the expense of reactivation of nervous
cages - and you see the capacity this completely has disappeared during
changes of aircraft attitude!.. In Novosibirsk proscribe a crab and hepatitis
by a method of a hyperthermia, heating a body of the person up to 43,5
grades... Eventually, the scientists have managed to reveal a gene, which
one does not allow cages to regenerate. And not only to reveal, but even
it(him) to switch off - and thus cages start to grow!
So, the reactivation is third, most
effective path in reduction medicine. Also it is possible to be sure: in
a reduction social orb too: company, social organism, his(its) "«cages"
too can regenerate! It the history of many human communities, including
has shown to Russia for послеперестроечный period.
What is required to actuate this process,
to make by his(its) by least morbid? We read one of last articles Л.В.
Полежаева: for obtaining reactivation of a not regenerating tissue (for
example, at a myocardial infarction) it is necessary to shatter the basic
constituents of his(its) connective tissue, to manufacture simplification,
as though rejuvenascence them entitiess. A plus an offloading.
So: the demanded rejuvenascence of a social organism by simplification
entitiess and "«loadings" also should manufacture implementation of the
reversionary Right.
At one time it предрекал Иван ЕФРЕМОВ,
which one in the novel « the Hour of a buttress » also spoke about « careful
observance(holding) in public attitudes(relations) of the third law of
NEWTON (operating equally to counteraction(reaction)...), about necessity
« divine воздаяния НЕМЕЗИДЫ.
the reversionary right, in general reorientation
on a rating of any events, any tactics of the people separate entitiess
or whole countries through a prism of plotted damage (or brought effect)
could already now really help and in the solution of the international
conflictings and conflicts of duties.
Let's say, already
now it is possible quantitatively to introduce damage from incessant motion
of mankind to world-wide heating of our surface up to 200-400: for it even
if not to allow social, ethical, cultural and diverse factors of a self-destruction
of mankind (9 млрд. чел.) at least all social production (now it about
5 х 103 dollars / чел annually. х 9 х 109чел = 45 х 1012). If to section
them into number of the citizens of USA - country, which one is unique
is failed to reduce(descend) the pressure bumps СО2, and if to take a volume
only of annual production - that it there will be a sin of each of the
Americans - on 45 х 1012/120 х 106 = 250 thousand dollars / year
It is possible to evaluate and specific зловредное effect
incinerated basically in motor vehicles of hydrocarbon fuel. If to start
with the data production activity about 9 х 109баррелей annually, having
sectioned damage on these barrels, we shall receive impressive digit of
potential damage: 45 х 1012/ 9 х 109 = 5 thousand dollars on each barrel
of oil, in hundreds times more cost price its(her) production
activities. - such outcomes allows to receive a view from a stand
damage, plotted to us.
adopted by all peoples, all communities
on the Earth, this stand will allow us within the nearest years, as a last
resort of decades переориентировать human and state psychology on absolutely
new лад - лад mutual ненанесения one another of any damage. It will be
by the beginning of droop interethnic and religious розни, wars and conflictings,
becoming of a completely new, rather humane civilization on our planet.
Now speak about a place of Russia in
world community much. Obviously, hereafter she can become a source and
polygon for full-scale experiments most progressive socially of significant
experiments. The patent system for registration and возмездного of distribution(propagation)
of look-alike achievements ещ ё should be created, but е ё a rule(situation,position)
already for a long time are known.
we at home owe not only master art of
market (competitive) attitudes(relations) in a rigid field of self-supply,
but also, passing from anisotropic behavior « in an edge(boundarouse) непуганых
идиотов », are simultaneously obliged облагородить life by the introducing
of a uncompromising field of the full mutual responsibility. For this purpose
it is necessary to leave from a liquid broth, from a stochastic set of
especially administratively oriented patterns - and to begin general constructing
общественно of an effective system of progressing encompassing all and
everything, in maiden, competitive (market) positive - developing, and
legal negative - stabilizing feedbacks of the mutual responsibility. The
path, on which one will go, there should be our civilization from the very
beginning of new century.
... The majority, if not all religions a pattern
put as a fundamentals of the doctrines love, kindness, compassion: the
majority, if not all developed philosophical doctrine contain sections
about ethics and morals. All trouble that these major categories of coexisting
frequently completely variously are understood. And often are a subject
unending philosophical and political debates. However, if to ponder, whether
are they reflex by one, absolutely simple essence - непричинения one another?
And whether the introducing of the reversionary Right envisioning the forward(straight)
responsibility for marked damage, most simple, most universal, most effective
resource for achievement of all-inclusive mutual understanding, therefore,
will be uniquely?
Only rendezvous(approach) of the laws
on the natural basis(fundamentals) will put(cause) us to drop of opposition
and will slow objective разбегание of races and civilizations, which one
now results in awful consequences, to social contrasts, terrorism and т.д..
anybody now can not indicate term, time,
when and as there will be a substitution of the former concept of the right
on new, gentle developmental врастание of one system in other. But it will
happen necessarily.
And Russia in it should show an example
maiden.
IF ONLY NOT
ИМПОТЕНТНОСТЬ. - BUT ALSO NOT the CHILDREN - FREAKS.
Минин Б.А.
the new Duma starts to work. What will be this activity? That
it is necessary to make, that it was not a shame with it(her) somewhere
there, in near two-thousand? - the specialist on
upgrading a social production, Chief of Federal Center of certification
and president of International Academy of public progressing - doctor of
economical sciences Борис And reasons on it. МИНИН
Past Duma not vainly reproached in импотентности. But whether better
there was a previous Supreme body? And up to him(it), almost
same? And unless best was even earlier, on the Old floor space? Or that
remained from it(her) now? Has visited there many miscellaneous
proposals from different directions by our rich ideas of country. And mine
too. The life has shown: many from them very quite good. But all disappeared
as in sand water. The uplifted problems are not resolved till now - material
was at its best transmitted to the specialists, for which one all facing
was as the charge in personal feebleness and, therefore, doomed on oblivion.
With the applicable outcomes of progressing of country, all of us, - scantiest
MAJOR OMISSION of OUR LEGISLATION
- Extreme, primitive a little state regulations, - even
there, where the state Machinery is obliged to act: is when the speech
goes about those orbs, which one, it is clear, that are necessary to everything,
but anybody separately and, therefore, can not find commercial
paths of implementation. It both ecology, and the certification of quality
of activity is forced of monopoly services (public transport, link...)
and many other things. But anybody anything really will not realise.
Occasions nothing to undertake always as much as necessary: is not
written to the responsibilities, touch someone's another's
concerns (it even more terribly: tomorrow someone will touch yours...);
there are no facilitiess, there are no specialists... - want, of these
reasons I to you for five minutes of half-hundred shall eject(issue)! No,
детишки both for Advices, and the Duma had, but in mass any sickly and
impractical, назавтра patched(rectified), adjusted, and then and at all
canceled, извиняемые, indemnified - certainly, at the expense of the budget,
i.e. at the expense of all of us.
Whether it is necessary to be surprised? You see, all as was earlier,
so, obviously, and remained: if not same, the same people, same or nearly
so same orders, same responsibility for public outcome - any... In such
conditions would surprise, I would say - abnormally, unnaturally, if all
was differently.
Earlier, already for a long time, referred to the great Schedule, on
the great Directives and on great Кормчих. And, short of the loud shares,
down to Афгана, all remained in place .. Today same or same powerless and
helpless chorus refer to the Market, which one all can. The guys, entirety!
WHAT IT FOR the MARKET?!
The market, which one we have created on an image and similarity of
samples, existing in West, is farthest from an ideal. In a
nem the malicious elementss dominate. The customer in a nem is blind and
is deaf(indistinct), the progress at a nem is similar more to a zigzag,
than on more - less straight line, There is an impression,
that those, which one will organize this huge show, which one
participate in a nem as the actors, more are amused, than do(make) business,
they are more held either strife or dances one another, rather than by
something общественно useful.
Besides this market is unsafe to the nature and people. We already
изгадили everything, that could - both in the nature, and in ourselves,
we strongly have inserted in ourselves consumer psychology and rigid egoism.
With becoming of market attitudes(relations) the corrosion attack dives
into more and more and younger cages of our organism...
Even there, in West, where both the civilization is higher than ours
and people more in a civilized way, much clearly, that the real market
goes not to an ideal, and from him(it), е from l and...
... If instead of implementation of a honest competitiveness that and
business, on any channels of the mass information, hear that there were
chiefs of such international corporations for the units of such commodity
markets on our terrestrial globe;
... If three jumbos of motor industry already there are a lot of years
dead strong brake progressing the electromobile transport, because by him(it)
it does not pay to overhaul the production (do not believe - look the log-book
" the Moscow reviewer " shortly before closure after assassination of his(its)
major editor);
... If for us on country насоздавались miscellaneous associations
of the miscellaneous producers and almost all by the maiden point have
protection of concerns of these producers, - and not so public;
... If both in West, and for us the major supplier for company of the
information about the made goods and services, the advertising,
- most sure, that does(makes), so it calls the producer, but as features
ладана is afraid - or is simple is lazy - to ask
and to declare true quality made and for damage in any way does not respond;
... If for all "non-state" stomatologists, which one,apparently, should
compete among themselves on quality and price, price-list unified
and nobody in the right to upset it(him), and quality... it(him)
nobody is simple meters.
... If any mean magazine responds for everything: for a
beginning and extremity of the daily activity, for the sums
(up to rouble) and for terms (about day) payments of duties to the suppliers
etc. - but only not for quality of the commodity. The certificates,
demanded for his(its) activity, - only on safety to not confuse them to
the certificates of fitness!. In quality almost anybody in anything, as
before, is not interested.
What is this market, if the gears, real-life in a nem, can not help
to a customer to distinguish the healthy and useful product from дряни
in a beautiful cover? Or if his(its) adherents, ideologists categorically
against implementation of the most simple, most effective and most logical
gear of suppression all harmful and useless - by full indemnification(compensation)
of damage damaged? Let's remark only: and you see it he has
spawned so-called ТОО - company with absolute(absolutely) by limited liability,
it when проворовался or проторговался, has translated all property to the
wife - and the bribes are smooth. At the expense of clients.
Or: понаобещал in advertising three короба, fraud at the expense of them.
It is called the market and democracy. And now and at all ridiculous thing
happened. Somewhere enter, we have signed something, and now everywhere
are obliged to write: if made by us contradicts the international
norms(standards), priority behind them. Even if ours multiply is more beneficial...
What is this market, if to realise fruitful idea, it is
necessary years to go with the proposal on miscellaneous corporations.
The writer электрографии some years upholstered thresholds of corporations,
while the small "Copier" corporation has not undertaken development. Now
she controls 50 % of the market ксерокопировальных of vehicles. It was
for a long time. But try today to offer, for example, seller of a music
saloon for acceleration of looking up necessary (and for his(its) turn-over!)
to make even simple accumulator cell of fragments of hundreds наличествующих
of compact discs - you with this proposal to go today not less, than half-hundred
years to the that writer электрографии...
Many from the acts prepared in "реформенный" period in the urgent order
and attitude,(relation,) forming in Russia, are farthest from present,
even approximated to market, steadied in the majority of civilized countries,
called(caused) and call(cause) the extremely negative attitude(relation)
of the majority of the population.
Ours is those, so-called market.
Between that, satisfactorily working infrastructure and - major - ювелирно
the sharpened legislation would allow essentially to smooth reacting company
to reforming of our economy, to accelerate its(her) stabilizing and further
progressing on the new bases(fundamentals).
About госрегулировании. Actually for us no special the
legislations adjusting (challenging) our progressing creating of the effective
gear progressings.
But for the people inert, limited, poor ideas and capabilities afraid
to lose the alone workstation, precisely working gears, is successful сработанные
a universal title block is a knif for a throat. The officer, if near to
it(him) on a wall will hang up a ready pig, simple prescription of documents,
which one to him should be received, involuntarily thinks: then what for
I am necessary? Then many officers what for are necessary in
general, his(its) client - tax bearer will ask. And they in communal will
be right. If there will be by those a general rule, it is necessary to
keep only those who can work creatively, can without phobia invent the
universal prescriptions or even guess up to their instant necessity. And
such of own will in the officers do not receive. Therefore, the reasonably
compounded(reasonably drawn up) legislation is necessary, it is better
direct acting.
I think, that each of us, призадумавшись, can mark a LOT of ESSENTIAL
LACKS In NORMATIVE SUPPLY of an ORB of PROGRESSING. Some of
them within the limits of our horizon:
1. Unsufficiently spent systems of a rating of public usefulness or
harms from the proposals, ideas mortgaged as a fundamentals for upgrading
(progressing) of the goods and services, and accordingly scientifically
reasonable forecasting(prediction) of the income (profit) from them, and
also legal and economical protection of outcomes инновационной of activity
(the operational patent system, primitive guards of the copyrights, certification
of scientific staff(frames) and proficiency of their achievements etc.)
is coarse.
2. Badly operational system of leaving out of a public about outcomes
of production of the goods and services; unjustifiable rise in price of
advertising, its(her) primitiveness on a level of selfdescriptiveness for
a customer; absence of mandatory national systems of certification of quality
of commodity on market space, including at export abroad and import. It
is essential дестимулирует strife for quality and reduces(descends) востребуемость
of qualitative high technology products on the part of productions.
3. Practically невостребуемы общественно significant social outcomes
of a transactions, which one are necessary as though to everything, but
anybody separately.
4. Vulnerability before the officer practically at all stages of operation
инновационных of firms: from registration before liquidation.
5. Сверхусложненность of the accounts and tax legislation. And as a
consequent - huge relative costs of their fulfilment.
6. Absurdity of the concept of a tax system: deductions established
not on consumable resources(safe lifes), and (value-added tax), that
is proportional to outcomes; obviously дестимулирует these outcomes;
7. Absence of incentives for "рисковость" (privileges at crediting,
help for "start" etc.) and at the same time precise responsibilitiess on
repayment of plotted damage;
8. Unadapted for mobile инновационных of patterns and in general, banking
system, unfairly expensive(dear) for all of us.
All this does not allow neither business, nor normal госадминистрации
to exhibit even искорки новационного of the approach, present business,
it is essential дестимулирует any non-traditional form(shape) of progressing
and occasionally requires(demands) спазматически of pressing
revolutions, which one all the same are not in time(caught up) life. It
is necessary something to do(make) with the system нормотворчества. In
this case speech goes about Duma. The Duma, having yielded on fascinating
fairy tales about the ideal market, anything it has not decided and at
all did not decide, though proposals was as much as necessary!
... There are two approaches to forming any collectives: to hope on
unique guard ropes of the qualitative candidates or, having recollected,
what pliability, what inexhaustible capabilities has the person to lower
stiffness guard rope and to stage severe constraints of self-perfecting
already in place .. If we want to approximate to an ideal, better, certainly,
to use both courses.
About present Duma - 96 (as well as past look-alike), all to consider
изначала.
AS IT WAS NECESSARY a DUMA TO SELECT. the PROGRAM
" ELECTIONS, WHO IS WHO "
Дотошные the journalists assert(approve), that for victory on selection
it was necessary to have from one up to five millions roubles for an one-mandate
place and something similar - on party lists. Speak are not relevant even
a name or biography. Money does(make) all almost automatically. The programs,
promising? - Yes you see all of them as the unioval twins: everyone promise
paradise earth, it is not less - no more, all against unemployment and
inflation, behind patterns and friendship etc.
Whether it was possible something to offer on this score?
It is possible. Our proposal the time and on - place was made
in -: weeks for three before last selection in Госдуму.
Now about a nem there is a sense to recollect, for грядут even more
accountable elections of the president of country. That we can offer to
it to selection? That tendered to past
— to make it on - scientific.
For anybody not a secret, that very much many crews, the units are similar
against each other, as two drips of water, and differ only by ambitions
of the chiefs. To give anything new they more often and do not think. The
problem is to force them maximum precisely to exhibit the intentions and
to show to the voters, who is who actually. To cause(urge) them it is possible
to reveal only in precise problems with the requirement of the precise
answers.
The essence of the offered program consist in development and implementation
of methods of objective matching of the party programs on their end result,
which one they, instead of usual for this genre of diffused and verbose
programmatic documents and slogans, will introduce as the main(basic) outcome
(for company). And major (!), without околичностей will indicate:
as, at the expense of whom and at the expense of that he will be obtained.
For certain. Also is demonstrative. These rules of the game were adopted
not. Избиркомом too.
So, if is brief, the program " Elections, who is who " includes, major,
publication in a broad press of the forms of polling lists (it about twenty
problems on the most acute subjects) with the appeal to crews, associations
and social movements to fill in them in the preselected volume to the preselected
instant and then publication of the items of information from crews (once
only or under the order of receipt(entry)) from the appeal to the readers
itself to conduct a rating, in their judgement, relevance decided by a
crew, unit of problems and performances of the
solutions, tendered them. And all this to take into account at voting.
We are deeply sure, that hereafter to crews, motions separate
persons the capability enter the main(basic) body of legislation of any
country, in our Duma - including, should be given NOT by(with) financial
and diverse capabilities of a mechanical set of voices for involvement
in pre-election marathon, and only availability
of the precise programs, projects, ideas of a progressive reorganization
of company, same company recognized effective and sold with subsequent
stringent (major - material) liability for nonperformance of promisings.
The program design of comparative analysis of performance of practical
intentions of different electoral associations is made with engaging of
the specialists of International Academy of public progressing, Federal
Center of certification, Center of social-political studies of Institute
of microeconomics Минэкономики of Russia and advisers of Presidium of WOUNDS,
Russian Center of electoral know-hows Центризбиркома, log-book "Expert",
employees of a number(series) of the newspapers. The material was dispatched
to the solid newspapers. Whether solidly they to this came, not having
published anything from offered, is a problem. But to following scale selection
such approach is necessary that became mandatory.
So, something reasonable to offer about entitiess
of reasonable selection it was possible. Rigid selection(sampling)
of the deputies by yardsticks of public usefulness has not quitted, There
were hopes for springs the ambassador.
HOPES FOR SPRINGS
promised at its best wait for three years. And there and new
Duma structure... And again all will begin at first. Therefore, the permanent
gear of selection(sampling) and major then constant "подпруживания", without
dependence is necessary from that, elections it in Госдуму or in domestic
Municipality, president or chapter of administration, the deputies it will
be from "Apple" or from "Pear", from a crew Зюганова or itself Зюганов
personally from themselves.
Hope for that the new members of new Duma are not too spoilt yet, that
they are as though sterile, are very small. And not the sterility is necessary,
and art of strife - but for общественно-significant outcome, instead of
for itself. All of us is fine we remember, that the past structure of State
Duma has gained the activity of the beginnings from heroic strife for a
level of the own salary and brilliant victory. It would seem, that victory
will suffice on many years. It would seem, to our new Duma at once and
to undertake business. Ан no, now she has taken by a sharing
of parliamentary seats and regroupings.
That, if hard and fast rules of the game, major - precise incentives
no, it should be expected. In the people often speak that the Duma неэкономна,
that she much ест, that the salary there is more ministerial... To entirety!
Let she for them under ten millions, let on all about all this one hundred
billions. But what is it in comparison with one hundred billions, on which
one Duma наввела of privileges and, it is necessary to hope,
on not the smaller sum of other businesses - if only useful! How to stimulate
only useful?
... The connoisseurs of foreign countries tell, that the difference
between german restaurants, and in general between western german cities
60 and 70 years strikes. In the maiden case both mud, and callousness -
and it despite of german qualities! In second is a purity, accuracy and
politeness. All this, as assert(approve), only that the germans have guessed,
were typed of mind(wit) and boldness to enter where it is necessary elementary
incentives and sanctions. Same and in Hungary, but there shear has taken
place of years on ten later - this I there was a witness. The outcomes,
whether know, were rather visual. Yes, the incentives can make miracles.
Not without reason speak: " to operate(control) - means correctly to stimulate.
"
It is the capitalist formula of control. To within sense she corresponds(meets)
" to the maiden principle of socialism " if to take it(him) in correct
transfer(translation): " Each on capacity, each by results of a transactions
". Contrary to prays of 17-million chorus of the communists schedule, кормчий
could not become тысячерукими and тысячеголовыми and operate(control) all
and all. But the blind faith in this philosophy has deprived many from
us of sober mind(wit).
We should study to do(make) gears of progressing. Economical gears
of social and economic progressing itself.
By the way, Ленин more than once and not two required(demanded) of
the economists to create a parameter(index) of progressing of socialist
firms (them "index-number"). To create and to enter everywhere. Alas, the
economists it have not made. Though already then it could be made. Can
be, having taken self-progressing under оком of this meter, yes under a
press of the present strong incentives, which one those years were rather
rigid, we not погрязли in a swamp ideological болтологии and not профукали
fine socialist idea, having intimidated her(it) almost all of patterns
and having tainted life to the population on 1/6 parts of an earth land.
BUT WHAT TODAY TO SELECT INCENTIVES?
In USA, as assert(approve) American медики, 30 percents of impotents.
There can be, for us as much - an essence not in it. Essence that nine
of ten impotents - moral, instead of physiological. Certainly, for many
from us is a prohibition of the nature, it most likely, absence of the
rights репродуцировать to itself look-alike, to have bad or freaks, that
is why this phenomenon it is necessary to consider(count) as
the great value. For remaining is the absence of the applicable incentives
is simple. Травка or шпанская the fly is from crafty, it is all a substitute.
It is not necessary to wait good children, that is worthy outcomes from
for them. Anything except for the freaks, will fail.
To learn(teach) itself to exhibit, the present, natural
incentives, instead of counterfeit, not порнографические of a card are
necessary. The life, if by and large, is not the game, and ruthless strife
- strife for life, for a nation, for country - and for mankind,
if the speech goes about global debacle. And bad, without the rules, own
policy, i.e. - дурство one person or one crews, and the more so one body
of legislation even " in one separately to taken country " quite really
can reduce in a full confusion and to downgrade. And to full
безрезультативности. Ostensibly from powerlessness.
Let's recollect words of great Russian classics two major troubles
in Russia - bad roads and fools. And you see классик obviously has played
a cunning trick! It was correct to go in generalizing hardly
one is farther also to raise above other... But such whether
under the nature дурачок ours Иванушка? If to speak by the modern terms,
all business in incentives. It is clear, that for each people they should
be, special. The great incentives, as speak, do(make) great businesses.
Let's ask by results of, outcomes and we shall receive. It will not be
a shame with children from such transformation.
When me speak: I can not, or: they can not, I recall uncountable vivid
examples of unique human capabilities in extremal situations. Something
close to an extremum, on my view, can and should create the correctly organized
incentives in new Госдуме.
who would undertake for major, for these rules,
yes such narrow, such close and such unequivocal(unambiguous) what to disappear
anywhere to anybody it would be impossible. Only to move forward, on rails
of public progressing, only to the value of company, which one feeds all
of us.
Here there is, certainly, one "but": and from the theory of systems,
and from public practice is well-known, that any system itself
for a hair to drag from a swamp to develop, even on millimeter to be shifted
NOT in the concerns, basically can not. Well, is simple be unable. All
this is capable to make only надсистема. Or rigid environmental conditions:
war, debacle.... Or - legislatively gated in incentives. They can be same
on force, as debacle. And same destructive. Or creative - depending on
a vector of concerns those who them creates. Нормотворчество, therefore,
process more than accountable. Let's suspect, have accepted the law
or have elaborated the method of application, and in them have entered
a superfluous multiplication sign - and all country will begin senselessly
тысячекратно to multiply; not учли something most effective at present
- and thousand time any effect country will receive less.
It is necessary damage from it to cause(urge) legislatively to allow.
The purpose by this legislative удавки for Duma is, that such miscalculations
should to reduce to minimum.
But if we shall recollect, that the Duma is the body of legislation,
the business starts to seem practically remediless...
However, some hope nevertheless is. At first, it is effective presidential
"veto". Though they are overcome is rather foolproof, especially well organized
a lobby (would say earlier: кодлой). The president can go and on greater:
to fill up country with the decrees and to enter one communal order about
the responsibility for that, other, third kind(view) of violations(disturbance)
and major - to accept the decree about a rating of an overall performance
each думца...
But you see it would be not absolutely fair. Business that except for
Госдумы нормотворчеством in country hundreds collectives, tens thousand
people are engaged, and any such bridle for them no. Than the Duma is worse
than them? And than its(her) gross errors are more terrible, than gross
errors of the officer who is not missing(skipping) общественно the useful
proposal with social or an economic efficiency in a pair of billions of
roubles? Or newspaper which has dismissed lie on two million of the readers?
Or, eventually, of operatings of the gang which has erased one hundred
of the hostages? -
Certainly, all these berries almost one fields, and each should bear,
responsibility, applicable to the personal contribution. The unified Law
therefore is necessary, one on all - and behind the price here it is impossible
to stand. It will be the Law on full remedial from wrongful acts, missed
profit (effect), misinformation and non-optimum нормотворчества. And
in bridge to him of the same scale the law on self-management.
Let's begin from last.
SELF-MANAGEMENT
Is understood as strong-willed regulation of domestic businesses by
domestic bodies(organs) in a counterbalance(balance weight) central more
often. Though it is necessary to pose it(him) much more widely: control
both domestic, and central problems by people. That we tendered for entitiess
of selection, is a small piece of the present self-management, present
open market of the proposals.
If on presidential selection suddenly have conquered so-called "left-hand",
they could take into account very much much positive, that is reached for
last years. There was a president - democrat, and him to not ignore lessons
of the left-hand attacks, which one were on business. But reliance(confidence)
of it, naturally, no. Means, each of them would not hinder to begin to
adjust gears regular the registration judgements
of the majority of the population.
That for us (and in general in all so-called civilized) was placed(installed),
is called as representation democracy, the lacks by which one are too well-known.
Obviously, it is time to pose a problem on full scale implementation for
us in Russia of idea " of forward(straight) democracy ", "direct control"
- that is implementation as a usual, regular procedure of decision making
by people all more or less fundamental issues, - in those volumes, which
one encompass his(its) concerns: if within the limits of several kilometers
- population on these kilometers, т. е. A microdistrict or settlement,
if fields(area) - means by the population of all field(area), if national,
by all of us. And more hundreds problems!
It is not necessary to refer to our technical backwardness or
that the people "will not understand". Selecting(allocating) huge facilitiess
for creation of an expensive system "ГАСВЫБОРЫ", we guessed, that she will
decide and current problems of our life. The present self-management too.
About same tendered Росс Pen on past presidential selection in USA. It
партийцы, naturally, have not admitted. Including, and with the link to
dullness of the American people.
As to dullness of our people, if we shall show him, and he will manage
to be convinced, that from him(it), from him(it) basically the conditions
of his(its) own life and depend what in it it(him) nobody deceives, the
people itself on own expertise will learn the responsibility in the solutions.
For is quick(rapid) will experience on the skin drama, and can be and tragical
consequences of the passivity and short-sightedness. To the people, is
more exact by all in this or that problem interested, it is necessary to
undertake "control panel" instead of today's dead expression " of social
tension " and acute charges in all mortal sins of the democrats, сталинистов,
red - brown, miscellaneous statesmen and all state as a whole - everything,
except for itself. So is. So be does not owe.
But if we shall keep in an invariance our system of administration of
government - legal system first of all, - any forward(straight) democracy
any direct control will not work. The officer, scientific, lawyer always
will have capabilities to distort any national solution under pressure
of those or diverse groups or crews. Or is simple to play in independence.
To hold down in good тонусе all wishing irresponsibly to
play independence (from concerns of the people) officers, of the scientists
or правовиков the mentioned general LAW On FULL INDEMNIFICATION(COMPENSATION)
of DAMAGE FROM WRONGFUL ACTS, MISSED PROFIT (EFFECT) could already, the
MISINFORMATIONS And NON-OPTIMUM НОРМОТВОРЧЕСТВА - to hold down for certain
where are more sick, than the present legislation promising administrative,
civil, criminal and any(everyone) other малоэффективную "responsibility"
for numerous is complicated эксплицированные of a sin, misconducts and
crimes.
THE LAW On INDEMNIFICATION(COMPENSATION),
However, requires(demands) more in-depth consideration.
There are many kinds(views) human баловства, from small-sized, ostensibly
harmless, up to rather large and sensing, which one exist only because
nobody will guess to calculate from them damage by other and to show the
score for payment.
You will say: огрехи in the proprietary laws? - But them and so huge
number. It is abnormal, when comes nearer to infinity. But you see something
it is necessary to do(make)!
The acts of petty self-satisfaction of the officers, days, and that
and months not executing any insignificant help; very much
накладны also are unpunished for an environment and for the population
автолюбительство, рэкет, рокет, the "loud" workmanship in multi-storey
transaudient houses (and is simple in a quiet agricultural street), rip-off
of the books from the library and for the hosts (on a visit), loud clearing
up of attitudes(relations) in a court yard, trucks, night газующие for
windows of apartment houses, ostensibly harmless amateur собаководство:
from becoming usual обгаживания of vacation spots, lawns, beds and scroll
bars up to shocking облаивания and fatal покусов.
Impressive examples almost that daily and already almost customary
to us of cases of damaging remaining without owing indemnification(compensation):
... Шестиклассник has written a slip about заминировании of a
building of school. Two educational days for полутора of thousand schoolboys
are lost. And the parents have involved(attracted) only in the administrative
responsibility. And schoolboy - to complementary lessons on Russian (as
in a slip there were many errors)
... The inspectors in the underground have beaten the elderly person
- for him(it) was not at itself of the pension book. The responsibility
- only for an exceeding one's authority, disregarding of damage.
... It is necessary such to invent computer effractions, theft and
brigandage, irrevocable pension funds, новомодные of a pyramid so-called
limited company (it!).
... MASS-MEDIA do not bear any responsibility for a dissemination of
information of doubtful veracity. In particular(personally), for mismatch
of true consumer properties (performances) to advertising.
... Ненаказуемо взламывание of computer programs: there is no applicable
legislation.... On these crimes the complementary legislation is prepared,
but is not yet known, how it will be made, whether there will be there
true output on damage is a problem.
... Annual покусы dogs in Moscow are of 16 thousand lossed - here both
physical, and economical, and moral damage. For this subject (Wireless
of Russia, 5, 1996г.): the boy in a park was attacked by(with) dogs of
the host growing them for sale. They have removed from the boy a scalp,
and with strong покусами it(him) have flown in hospital. To salvage it
was possible, but many months of treatment are expected. The necessary
article of the law for punishment of the holder(owner) a dog, as has appeared,
no. Whether see, all is returned on good will of the hosts these зомби!
Specially dangerously загаживание dogs of children's platforms and basins
is a direct path to contamination of an eye....
- Consequent of "harmless" entrainment. As has appeared, people, assert(approve)
the specialists, prone to involuntary passion to an animal,
usually to dogs, have quite definite alienations, the mutual coding(code)
one another - and will be derivated a unseparable pair(vapour,couple) зомби,
not capable to live the friend without the friend. For the hosts " seized
the dog ", notes sharp waist own мировосприятия, drop of humanity in attitude(relation)
to short-range, obtusion of confessor (in a counterbalance(balance weight)
чувственности) etc.
To tear up such mental pair кнутом is to cut on living. Only economical
measures, and strong enough - for example, requirement of repayment of
a lien (fee), equal mean damage from покуса a dog (at a today's course
it not less some millions), requirement выгула of dogs in specially constructed
собаководами the fenced zones outside of dialogue with the normal people,
scroll bars with detecting instruments of a urine, with an immediate stop
in any place (and with by the applicable sanctions if there
is militia, or, as a last resort, with smoke pots which are operating automatically)...
Whether and much we do(make) for дестимулирования of impurities ambient
cреды? Damage from are harmful of habits, customs and industrial
practice we to itself is sometimes simple we do not present,
If to consider(count), that in Moscow of 1,5 million motor vehicles, and
that on them in the sum is necessary about 85 % of all pressure bumps in
an atmosphere, outgoing from general value of 15 billions roubles annually
to damage to the population (under the data of telemarathon "2х2" 2.02.1995
years) only economical damage compounds 150 млн. Dollars, i.e. in the prices
of 1996 - about 1 billion roubles.) the Full social - ecological damage
for the inhabitants in calculation on one motor vehicle compounds about
9 millions roubles. Certainly, for the holder(owner) of the automobile
this value more than is significant, and to present her(it) for payment
immediately in no event it is impossible. Obviously, it is necessary to
act(go) how the Japaneses in relation to pressure bumps of the Japaneses
in relation to pressure bumps of the Japaneses in relation to pressure
bump annually.
In effect, the speech goes about shift of the doctrine and,
accordingly, concept of our legislation.
It is considered, that principles of our legal system close
correspond(meet) to principles of "Roman LAw", steadied more
than two thousand years back. An adding up system of the rules of law,
founded on these principles, actuates huge, precisely
not taken into account(discounted), quantity of the rules of
law, acts, laws, since the Corpus Юстиниана (533). Already
then his(its) volume compounded about 120 printed sheets.
Now he, apparently, in thousand times more. Such volume of the legal acts
bodily is conditioned by the essence of the given system ("Roman Law").
In correspondence with by principles of "Roman
LAw", the legal proceedings actuates following in bridge and
sequentially conducted a procedure: персонификация
particular acts - installation of the person of the offender,
criminal; identifying of an offence by confrontation (up to the character)
with a particular rule of law and through it(her) - fixing a sentence.
All this is essential, for months, elongates a procedure, multiply
удорожая her(it) and disastrously reducing(descending) performance of punishment.
this maiden. But not major.
Besides the concentration of a уголовно-criminal member of a miscellaneous
extent криминальности creates the real reasons for "exchange" of criminal
expertise and recess of feeling озлобленности to all company. That the
deprivation of liberty for departure of punishment for the majority is
offensive, it restrains the rights and freedom of the person, degrades
the person and, as a rule, does not reach the ultimate goals: corrections,
re-education and preventive maintenance of unlawful conduct. Besides thus
practically damage lossed never is indemnified and is accomplished large
costs to clerical work - to clerical work - to clerical work - to clerical
work - to
We should only introduce: more than two thousand years, i.e. in hundreds
breeds, the people were educated not on principles ненанесения one another
harms, and on art it(him) to disguise, on skill to not qualify as any to
punishing article of the law - which one though also set, but nevertheless
not the infinity, and any extensive законотворчество is not capable to
be in time(catch up) for by really developing company,
It is not necessary to overlook(forget) and that stipulated fact, that
the legislators, held by casuistry, and initiators of the laws, lawyers
are actually eliminated from the active process of prevention of crime
and could there return in case of essential simplification of legal proceedings.
Certainly, the Roman Law, having arisen more than two thousand years
back, long corresponded(met) to those sluggish rates of growth of company,
which one was representative of the majority of countries down to the extremity
of our century.
Now pace of life was sharply accelerated: on a volume of the made information
- in hundreds time, on population shift, especially international, - in
tens time. From here, clandestine, antisocial and criminal activity multiply
was increased. All by it fatally is not in time(catches up) the legislation,
which has stiffened in the bases(fundamentals).
Purely, the mismatch of the legislation to our time was possible to
note for a long time, some decades back, but we were (and while
we remain) in a film of customary submissions(representations). The legislations
of miscellaneous countries, if were perfected, only on the
lower floors, in details. The natural professional flywheel action (inertness)
did not allow to pose a problem on revision of the supreme concept. But
not having decided communal, we, as is known, shall be about him(it) permanently
спотыкаться. It is necessary to change concept, communal approach to a
problem of fixing a sentence, definition of the responsibility.
Actually there is a problem of perfecting of the existing concept of
a legislative system of our company, and is unique, that today it is possible
is severe to esteem as its(her) worthy alternative, so it is a principle
of indemnification of the marked damage, principle of "reflexivity".
The implementators of the concept of "reversionary rIght" outgo from
that nude fact, that variety of kinds(views) of damage and accordingly
of ways of his(its) definition multiply (in hundreds, if not in thousand
time) it is less and easier, than the number of real situations, on which
one according to the requirements of the existing legislation, founded
on the Roman Law, should be formulated the charge. The "reflexive" right,
as against Roman, guesses (at conservation practically in an invariable
state of a procedure of investigation and consequent) variation of status
quo of legal proceedings, including substitution of usual punishment by
full mandatory money, material, labor and diverse indemnification(compensation)
of damage Lossed (natural or legal person) and all costs of
clerical work - indemnification(compensation) from the side personally
guilty, group guilty (till them " to coefficients of individual share "),
partners, probably, their cognates and even of countries, if the business
will touch international crimes. So, the speech goes about unconditional
and full indemnification to the citizens, in general to natural and legal
persons of any damage, plotted by him,(it,) - material,
social, social - ecological, moral, - including from wrongful acts, missed
profit (effect), misinformation and non-optimum нормотворчества
Pronounce about full and unconditional exception of any damage: from
a pollution of the environment, from покуса of dogs, from missing per day
or for month of the salary..., and on our eyes our life will begin to become
better, more purely(more cleanly), is more humane...
The truth, transition to one more effective reflexive (is possible
even to say: "Russian", as against "Roman") the concept, among
other things, was braked by that down to 80 years there were no reliable
and enough all-embracing methods of definition all or even of main(basic)
kinds(views) of damage.
Boom at 70-80 гг. With generation of tens method of applications of
a rating of innovations (subject very close) in mass has ended in anything.
The apparent simplicity was a fraud, the problem has appeared by extremely
complex(difficult), specially for fundamental activities, inventions and
discoveries, for which one essential the potential effect, how much prospects,
term of an obsolescence with allowance for both initial performance, and
level of novelty, and even of a creative level is not only actual and at
all so much. By us all this was resolved. But is specially active by us
the methods квалиметрии, including with allowance for of proprietary factors
of effect and damage, including ecological - but, truth developed in concerns
of current practice of certification of quality of the goods and services
(activities), excluding while damage moral.
So, now metrology of social and economic damage is already quite prepared
for problem solving of indemnification(compensation) of damage, which one
there can be a judiciary practice. The business costs(stands) behind the
applicable progressing of legal problems on the basis of the new concept
- "REFLEXIVE".
For the legislators it means literally following: if you, your command,
your organization send for limits of the rights, that is have committed
wrongful act, - please, pay damage to everyone, whom he is marked to (if
he is marked); if you, your organization have postponed and have laid up
новационный the project, and the company thus has received less than effect
on any significant sum, you from the bin, from a bin native and close should
pay this sum; at last if from several normative bills, any point of any
statutory act you selected not best, you with all your command, with everyone,
who designed(elaborated), received and signed the project, it is necessary
to pay that has received less than company. How to pay is already your
care. The severe rules of the game are those, which one to us for severe
social progress should be accepted. Certainly, it becomes a little bit
more boring to them госметодологам to live, they become as though someone's
trailing-edge piece, instead of head, but what concerns of several tens
or hundreds in comparison with concerns of millions?
Adopted by all peoples, all communities, this policy will allow us
within the nearest years, as a last resort of decades переориентировать
our psychology on absolutely new лад - лад of mutual respect one another
on is true to human qualities, on public usefulness made to render to each
on the present talents and capacities. It will be by the beginning of a
completely new civilization - Civilizations of Human Revival.
The law on full indemnification(compensation) of damage will affect
field(area) of legal relations in all fields(areas) of a social production
and simultaneously life more than half of population, essentially will
accelerate reacting company to perfect misconducts, crime, will lower their
number to percent true психопатологии. The truth, he will limit the incomes
and prestige definite (and considerable) circle of the citizens, and consequently
hardly probable will take root easily and is simple. But the Legislator
should on him(it) go.
Thus per the most nearest years should completely be rebuilt законодательнная
and normative - methodical base of expertise.
For all are known today's up to ridiculous ugly fads of expertise of
miscellaneous structures(profiles): patent, technological, ecological expertise
of any state institutions, charitable funds... - expertise, which one in
hundred крат fans every possible finess, but in any way does not want (or
can not) ask and answer is simple and it is clear: what costs and what
outcomes of any project.
And you see main(basic), ultimate goal of expertise of any projects
- технико-technological, town-planning, normative... There should be a
check of a ratio of outcomes and costs, since major - from forecasting(prediction)
and quantitative rating of any consequences from implementation of any
projects, especially of socially significant initiatives and social programs...
It is obvious, that the implementation of the Law about full indemnification(compensation)
of the marked one another damage essentially will reduce sequential queues
and in the experts, both in the officers, and in the scientists,
and even in the presidents. But business not only in it. The working appendices
for such law - huge quantity. There are indefinitely much concerning simple
problems and rather clear solutions, which one, that is called, lay on
a surface, problems, the social order for which one, however, is huge.
Let's show this stratum of a so-called fines on several examples.
Among these appendices there is also SCIENCE, any инновационная activity.
In communal and whole science, any transformations(conversions) are
necessary to the people, company in that volume and so, as far as structurally
they change a social production - material, social, scientific..., that
is, is coarse speaking, provide to production the greatest scoring per
unit of the costs - as of today and, major, on a far outlook. While favourite
operational mode of our scientists - exploratory. Without a hint on the
practical appendix of outcomes of their transactions. Mahlo that, science
academic requires(demands) of the Legislator to free her(it) from the responsibility
for any consequences from its(her) activity.
From science economical we have the right to expect - and
already very much for a long time - introducing общественно of an effective
system of a self-rating challenging her(it) to not cling for own dogmas,
and compelling, forcing is quick(rapid) to go forward, to give общественно
the relevant outcomes. And she till now still digs in the costs. Yes, we
for this purpose should rebuild much: both manufacturing reference points,
and scientific method of applications, and even ours миропонимание, зашориваемое
until recently by all by ours is coarse материалистическим by education.
But without it we further cannot live. Without such reorientation instead
of rapid motion military, диктуемой by class inconsistencies and national
hatred, we, земляне for a long time shall stick in a track of rapid motion
other, not less exhausting - economical, the conditions will dictate to
which one not less pernicious human defects: Envy, competing in модности,
петушиные of the game in престижность - and from here prolongation of intensive
destruction of natural resources, human kindness, creative energy...- Everything,
at the expense of that lives and the mankind develops.
It is necessary to say, natural resources, in general the
environmental FACTORS suffer from all by ours of a financially oriented
Civilization to no small degree. The nature can not bear an offloading,
which one we tender to her. We take from the nature too much and is too
active her(it) we contaminate. We become the hostages of own psychology
- rotten and faulty. Our children will better. But we should
not keep by him(it) a naked desecrated planet. And that is definitive her(it)
to not taint, we should urgently take measures, enter economical gears,
is active challenging social progress oppressing any unjustifiable costs
and растранжиривание of natural resources, including resources(safe lifes)
of clean air, water alone, clean soil.
As of today, when we have refused the military doctrine and administrative
policy, there is only one - all the same logical and quite effective policy
for active constraining ours unbridled аппетитов and безалаберности:
п about l н and I repayment to and д ы m
from us not only consumable resources(safe lifes), but also
l ю about г about damage, which one we plot one another,
in т about m number through impurity of an environment.
I.e. by results of.
All of us did not recall outcomes 70 years. The whole seventy years
we, as very well know, lived on absolute(absolutely) a wasteful
principle. About a nem even rustled, in a nem even reproached, - truth
not the ideologists of a crew, and the economists. Really,
the word "outcomes" for them was in general as though custom проклятьем.-
By the order of the same ideologists. It was possible even to think, that
about them have forgotten. And on you: has appeared, that it
at all so. When the speech, already today, has gone about taxes, them,
these taxes, suddenly at once, have placed(installed) " on the added value
", i.e.... On outcomes!
THE TAX FOR OUTCOMES is a malicious INTENT OR ДУРОСТЬ?
- It anybody never learns. Yes now it also has no value. Done.
But if above writing and signing the solutions on the introducing of the
VAT hung(hovered) Дамоклов меч of payment for damage from that overlooked
effect, which one is real дестимулирует " tax for the accessory cost ",
somebody somehow yes would guess up to such simple problem: and why, purely,
taxes for outcomes? Why not on the costs? Not that you потребляешь
- fuel, forest, water...? This concept for a long time punches to itself
a road, her(it) not I have invented. What, it is difficult to be decided
on it(her), because, " not how for all "?
PROBLEM On the TAXATION very morbid. In a nem, as is known, two sides:
"how much" and "as". The second side is most morbid just, it would seem
little significant, but silly inflated, is far-fetched переусложненная...
- is abundantly clear, that all this only thanking "lacks of jurisdiction"
of the Ministry of finance, in a favour of well browsed(viewed) chicken
care to save number and "relevance" of the staff(frames).
It is possible and it is necessary considerably to simplify a system
charges and collection taxes and mandatory payments with sharp
reduction(abbreviation) бухотчетности - and for everything, and not just
for very small enterprises. Thus the manpowers of army of the accountants
will decrease, there will be a significant(sizeable) liberation of energy
of the workers of a tax system, the capabilities for suppression of taxes
will sharply be diminished.
The introducing " of the resource taxation " in the long term is necessary,
i.e. to envision to levy not on the added value, not on outcomes
of a transactions, and on the costs, on consumable resources(safe lifes).
For firms the incentives for rise outcome will appear. Rather the reverse.
So, the new Duma continues the activity. Among infinite number of active
tasks she can pose before herself and principled problems, problem of progressing
of human community for many years and decades forward.
Among them we see and DEVELOPMENT of the statutory ACTS,
which ONE WE MENTIONED Also WHICH ONE, ON OUR VIEW, IT IS EXPEDIENT TO
PREPARE, TO ACCEPT And TO APPROVE ALREADY In 1996-97 ГГ.
They:
-
About a state rating of a public (social) overall performance of entitiess,
corporations, public associations, all бюджетно financed, all entitiess,
declaring about the social directivity, and receiving thus any dividends,
moral - at all events, same rating the activity госслужащих, as a whole
of state machinery requires(demands) also;
-
About certification of quality of commodity (goods and services) and
about mandatory ecological certification;
-
About full indemnification(compensation) of damage from illegal activity
overlooked effect (profit), misinformation and non-optimum нормотворчества;
-
About full self-management and transition to " of forward(straight)
democracy ";
-
About a procedure of selection in government bodies and liability for
nonperformance of pre-election pledges;
-
About the introducing of a system of full objective certification of
creative, scientific staff(frames), scientific collectives and scientific
entitiess on общественно to oriented yardsticks both proficiency of scientific
and creative achievements on an extent of their public usefulness;
-
about installment management of the resource taxation,
-
about a liability for damage from mismatch of actual consumer
properties (performances) - promoted.
Therefore the positive solution of a problem, put by us, about creation
in Госдуме is represented, that at Committee on safety (В.И ИЛЮХИН, П.Т.
БУРДУКОВ) Expert council on social safety and social progressing more than
is actual. Problems of this Advice
Detection of a capability of occurrence(appearance) and analysis of
social damage, incidentally or designedly plotted to company by the separate
citizens, state patterns, entitiess, and also citizens one another owing
to wrongful acts, and also development of the proposals for
his(its) preventing — including by updating(adjusting) the applicable sections
of the parsed bills.
Any kinds of damage from any kinds противообщественной of human activity
will be allowed. The detection and analysis of latent defects in already
laws in force, rule of laws, in social gears and social attitudes(relations)
and creation of the reasons for depressing the factors and phenomena calling(causing)
a misinformation, оболванивание, forfeiting of the people of the right
will be conducted to decide the destiny in a measure of the capacities
and, on the contrary, social instability, tension and social failures(stalls)
in company, spiritual, social and biological degradation of the person
etc.
The development of the bill " About SOCIAL SAFETY And SOCIAL PROGRESSING
" is now carried out(conducted), one of rules(situations,positions) which
one states, that scientific studies, all spent and sold on the budgetary
funds, and developments, in general all innovations, administrative, financial
and other solutions, including bills, in due course will be obliged to
go on social expertise on a capability of occurrence(appearance) material,
psychological, временны'х and diverse negative consequences for the person
and company, on a capability of impurity by chemical agents of air, potable
waters etc. it is and more envisioned idle time, but fixed rule: unconditional
indemnification(compensation) guilty any, including social damage (in fractions
of fault). But also hard repayment for effect.
The full scale solution all these large and small общественно of significant
problems will be made only in new тысячелетии, at its best
- within the maiden ten-twenty years. But to start these activities it
is possible and it is necessary already today, in large and small orienting
on alone yardstick - public usefulness tendered and reached.
If only to not do thus of the children - freaks. Differently it is
better to not start at all.
The member expert council Boris A. MININ
Ph.:241-39-03. The fax: 241-38-08. E-Mail
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