scholarly journals Notarial procedural legal relations in the system of other legal relations: problems of correlation

2021 ◽  
Vol 66 ◽  
pp. 88-95
Author(s):  
О.О. Kryzhevska
Keyword(s):  
Legal Services ◽  
Complex Material ◽  
Legal Nature ◽  
Relationship Of ◽  
The Relationship ◽  
Technical Services

The article is devoted to the study of notarial procedural legal relations in the system of other legal relations. The author aims to explore the range of relations that mediate notarial procedural legal relations, and to trace the relationship of these legal relations, their relationship with each other, in order to properly understand the legal nature of notarial procedural legal relations. According to the results of the research, when notaries perform notarial acts, a number of other than notarial procedural legal relations may arise, some of which look quite similar to notarial procedural legal relations and can sometimes be mistaken for the latter. It is concluded that notarial procedural legal relations cannot be understood as material and procedural at the same time. Notarial procedural legal relations are not complex (material and procedural) due to the fact that they seem to have in their content such a component as the notary's relationship with the client, which is directly related to the notarial act. There are no grounds to consider registration legal relations as notarial procedural. Registration legal relations are intertwined in notarial procedural ones, superimposed on each other. In fact, the same subjects take part in these legal relations as in the notarial process. However, despite this, we do not have two clear consecutive procedures (notarial procedural and registration), which follow one another, but two parallel procedures. The model provision on the procedure for providing state notaries of additional legal services that are not related to notarial acts, as well as technical services, approved by the order of the Ministry of Justice of Ukraine № 3/5 of 04.01.1998, does not correspond to the terminology of current legislation and must be brought into line with current legislation. Fiscal legal relations that arise when a notary performs a notarial act are not by their nature notarial procedural legal relations. These legal relations are independent, existing both along with notarial procedural and other notarial legal relations arising with the participation of a notary.

scholarly journals The Concept of Cryptocurrency in the Context of Improvement of the Russian Legislation

Lex Russica ◽  
2019 ◽  
pp. 130-140
Author(s):  
M. A. Egorova ◽  
L. G. Efimova
Keyword(s):  
Financial Assets ◽  
Electronic Money ◽  
Blockchain Technology ◽  
Physical Form ◽  
Legal Nature ◽  
Digital Money ◽  
Relationship Of ◽  
Mandatory Use ◽  
The Relationship ◽  
Multidimensional Concept

In the paper, the authors formulate a multidimensional concept of «cryptocurrency», which takes into account the technical, economic and legal nature of cryptocurrencies. In addition, the paper defines the relationship of the concepts of «cryptocurrency» with such commonly used terms as «digital currencies», «virtual currencies» and «electronic money». The authors understand cryptocurrencies as a kind of digital money, which is the result of the functioning of the corresponding computer program (digital code). Cryptocurrencies are created using the appropriate Protocol, operating in a decentralized manner, with the use of the blockchain technology. If the issue has a centralized issuer while maintaining other features inherent in these cryptocurrencies, then it is possible to talk not about cryptocurrencies, but about the issue of electronic money. The main difference between electronic money and cryptocurrencies is the presence of electronic money of the Central Issuer and the lack of it in cryptocurrencies. Another important difference between cryptocurrencies and electronic money is the way they are issued and stored. Cryptocurrencies are stored and issued in a decentralized manner, while the information about electronic money and transactions with them can be centralized on one server. There are also other differences, such as the mandatory use of asymmetric cryptographic encryption when creating cryptocurrencies, etc. Being digital money, cryptocurrencies at the same time are a kind of digital property that performs the functions of a means of payment in the society, does not have a physical form, that is, can not exist in the form of coins or banknotes. The authors support the addition of art.128 of the Civil Code of the Russian Federation with a new object of civil law (digital money) in the context of improving the draft law «On digital financial assets».

THE CONCEPT AND LEGAL ESSENCE OF THE CONTRACT FOR THE PROVISION OF LEGAL SERVICES: THEORETICAL AND LEGAL, LEGISLATIVE AND LAW ENFORCEMENT ASPECTS

2018 ◽  
pp. 38-47
Author(s):  
Anna Nikolayevna Klimova
Keyword(s):  
Law Enforcement ◽  
Civil Law ◽  
The Other ◽  
Legal Services ◽  
Effective Mechanism ◽  
Legal Nature ◽  
Civil Science ◽  
Basic Approaches ◽  
The One ◽  
The Relationship

The relevance of the topic is due to the relevance of the contract on the provision of legal services in the modern civil turnover, on the one hand, and the lack of common approaches to understanding the legal essence of the said contract in the doctrine of civil law – on the other. The study deals with the problem of defining the concept of a contract for the provision of legal services. Analyzed number of definitions proposed by modern representatives of civil science. It is concluded that the legal nature of the contract for the provision of legal services is ambiguous. It considers the basic approaches to its understanding and qualifications as the agreement of chargeable rendering of services agency contract, mixed contract, etc. In a particular situation, the choice of contractual design, as a rule, is due to a set of services, actual and legal actions, dictated by the goal that the parties to the relationship seek to achieve. The versatile design of the agreement of paid rendering of services and the effective mechanism of protection of the rights of the applicant, as the weaknesses of the commitments were the main reasons are the most widespread of the agreement in practice. However, it is concluded that the restriction of contractual forms of legal services only by the specified design is unacceptable, since it can lead to a wrong understanding of the legal nature of the relations in question and difficulties in practice associated with the conclusion and execution of contracts.

scholarly journals BRICS: Legal Nature and Principles of Cooperation

2020 ◽  
Vol 1 (12) ◽  
pp. 123-133
Author(s):  
L. P. Anufrieva
Keyword(s):  
South Africa ◽  
International Law ◽  
Economic Life ◽  
International Organization ◽  
International Institution ◽  
Brics Countries ◽  
Legal Nature ◽  
The Status ◽  
Relationship Of ◽  
The Relationship

BRICS is a relatively new phenomenon in modern international political and economic life, gaining momentum and attracting more and more lawyers’ attention. The central issues in this case are, firstly, the legal nature of the group of five states itself — Brazil, Russia, India, China and South Africa, and secondly, the place, nature, content of the principles on which international cooperation of this entity is based. Accordingly, the paper considers these issues through the prism of theoretical analysis from the standpoint of international legal science, in which the identification of the legal nature of the interaction of the BRICS countries is not only a prerequisite, but also, in essence, the foundation for solving the problem of legal qualification of the principles of cooperation between them. Thus, it answers the question on the relationship of the latter with other principles in the system of international law. For this purpose, the study adopts two alternative options: the status of an international institution if it is established that BRICS has features of an international organization or integration association; and its recognition as a paraorganization if none of such features exist.

scholarly journals Value of the constitutional teleology and constitutional legitimacy of the political and ideological diversity (pluralism): doctrine and practice

2015 ◽  
Vol 2 (3) ◽  
pp. 80-99
Author(s):  
I A Kravets
Keyword(s):  
Legal System ◽  
Party System ◽  
The Political ◽  
Political Pluralism ◽  
Legal Nature ◽  
Constitutional System ◽  
Relationship Of ◽  
The Relationship ◽  
Constitutional Legitimacy

The article examines the legal nature and mission the constitutional teleology, the role of teleological function of the constitution in the Soviet and modern Russian legal system, the concept and types of constitutional legitimacy, the relationship of constitutional legitimacy and political and ideological foundations of the constitutional system, the nature and limitations of the principles of political pluralism, multi-party system and ideological pluralism.

2 The 1982 United Nations Convention on the Law of the Sea

2015 ◽  
Author(s):  
Churchill Robin R
Keyword(s):  
United Nations ◽  
International Law ◽  
Law Of The Sea ◽  
Customary International Law ◽  
Legal Nature ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Relationship Of ◽  
The Relationship

The United Nations Convention on the Law of the Sea (LOSC) is the most important source of the international law of the sea. This chapter discusses the history and legal characteristics of the LOSC. It explains how the LOSC came into being; gives a brief overview of its provisions and considers their varying legal nature; explains which entities may and have become parties to the LOSC and considers the extent to which they are permitted to make reservations and declarations; outlines the relationship of the LOSC to other treaties and customary international law; explores the mechanisms for seeking to ensure compliance with the LOSC by its States parties; and finally discusses how the LOSC is kept under review and developed.

scholarly journals ТРУДО-ПРАВОВА ПРИРОДА ВІДНОСИН ЩОДО ВИКОНАННЯ ОБОВ’ЯЗКІВ СУДДІ У ВИГЛЯДІ ЗДІЙСНЕННЯ ПРАВОСУДДЯ

2020 ◽  
pp. 74-79
Author(s):  
М. В. Власенко
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Professional Performance ◽  
Administration Of Justice ◽  
Legal Nature ◽  
The Status ◽  
Relationship Of ◽  
The Relationship ◽  
Qualified Work

The purpose of the article is to determine the nature of the relationship regarding the performance of the judge's duties in the form of the administration of justice. The labor-legal subtext of the categories used in the Law of Ukraine «On the Judiciary and the Status of Judges» to characterize the relationship of justice by professional judges, despite the complete absence of the words «labor» or «labor relations». The author establishes the criteria that characterize the legal regulation of the judge's activity in the form of administration of justice, which testifies to the labor-legal nature of the relations arising in this connection regarding the performance of judges' duties. Based on them, it is concluded that the judge administers justice as his / her labor function, because the legal regulation of the grounds for carrying out this activity, the organization of support of its professional performance testify to constant, systematically paid, qualified work. Thus, it provides grounds for establishing the labor law nature of the relationship regarding the performance of the judge's duties in the form of administration of justice.

scholarly journals Features Of The Organization And Holding Of The General Meeting Of Participants Of Limited And Additional Liability Companies

2021 ◽  
pp. 55-64
Author(s):  
V.Ye. Sikora
Keyword(s):  
General Meeting ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Current State ◽  
Legal Nature ◽  
The Right ◽  
Relationship Of ◽  
The Relationship ◽  
A Company ◽  
Broad Understanding

The article establishes the current state of legal regulation of corporate relations in the context of the organization and holding of the general meeting of participants of limited and additional liability companies. The legal nature and content of the right to participate in the management of a limited/additional liability company through the prism of comparative legal analysis of the works of modern scientists are studied. Based on the above, it is installed the relationship of a broad understanding of the concept of company management and its components, including those related to the functioning of the general meeting of participants. It is established that the general meeting of participants of a limited/additional liability company plays the most important role in the management of the company. The essence of the right to participate in the general meeting of participants of a limited/additional liability company is clarified and its content is determined. Emphasis is placed on the direct dependence of the right of actual participation of a participant of a limited/additional liability company in the general meeting on the latter’s awareness of the time and place of their holding. The peculiarities of the organization and holding of the general meeting of the participants of the limited/additional liability company are analyzed. The procedure for forming the agenda of the general meeting of participants of a limited/additional liability company is determined. The procedure for notifying the convening and venue of the general meeting is described. The peculiarities of holding a general meeting of participants by a company with one participant are determined. Based on the study, conclusions were made about the overall effectiveness of the mechanisms provided by current legislation, which establish the procedure for organizing and conducting the general meeting of participants of a limited/additional liability company. At the same time, attention is paid to the need to finalize certain provisions of the special Law, taking into account the needs and problems that arise in practice, and in order to consolidate the relevant developments at the legislative and local levels (in the company’s charter).

Part IV International Treaties, 21 New York Convention

2019 ◽  
Author(s):  
Haas Ulrich ◽  
Kahlert Heiner
Keyword(s):  
New York ◽  
International Treaties ◽  
Future Prospects ◽  
Commercial Arbitration ◽  
Legal Nature ◽  
Recognition And Enforcement ◽  
New York Convention ◽  
Relationship Of ◽  
The Relationship

This chapter focuses on the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention or NYC), the most important convention on international commercial arbitration. It first provides an overview of the content and role of the NYC before discussing its history and its future prospects. It then considers the legal nature of (international) arbitration and how the provisions in the NYC are to be interpreted. It also offers a commentary on Articles I–VII of the NYC, which cover topics such as the prerequisites for recognition and enforcement of arbitral awards, obligation to recognize and enforce foreign arbitral awards, settlements in arbitration proceedings, recognition of arbitration agreements and the requirements as to their form, grounds for refusal of recognition, and enforcement of an arbitral award, and the relationship of the NYC to international and national regulations on the recognition and enforcement of arbitral awards.

scholarly journals Legal Nature of Liability Insurance

2020 ◽  
Vol 10 (10) ◽  
Author(s):  
Vladimir Čolović
Keyword(s):  
Subject Matter ◽  
Liability Insurance ◽  
Constant Attention ◽  
Insurance Contracts ◽  
The Third ◽  
Legal Nature ◽  
The Status ◽  
Injured Party ◽  
Relationship Of ◽  
The Relationship

The question of the legal nature of liability insurance is a subject of constant attention, given the specificities of this type of insurance relating to the subject matter of insurance, the status of the insurer in the contract, the goal of the insured to be reached by concluding the contract on this type of insurance, the obligation to report the occurrence of the insured event, the status of the third injured party, etc. The author gives several opinions on the legal nature of this type of insurance, and also analyzes many institutes regarding the conclusion and execution of liability insurance contracts. The liability insurance belongs to the property insurance, but there are many differences. These differences lead to more questions, which primarily concern the liability of the insured as a subject matter of insurance, the possibility for a third injured party to make a direct claim for compensation against the insurer, and the limited amount of insurance. Particular attention is paid in the paper to the relationship of the insured and the insurer, as well as the relationship of the third injured party and the insurer. In addition, the author refers to certain provisions of the Act on Obligations in this area, as well as the provisions of the German Act on Insurance Contracts, which regulates in a much more detailed way some issues related to the legal nature of liability insurance. The paper concludes that liability insurance also includes the public interest, which relates to the protection of third parties, whether or not they can be determined.

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