Features of the Legal Regulation of Contractual Relations of Cooperative Organizations in the Context of COVID-19 Pandemic

2021 ◽  
pp. 731-737
Author(s):  
Dmitry V. Zmievsky ◽  
Ludmila A. Evseeva ◽  
Tatiana N. Vyazovskaya ◽  
Stanislav Y. Pavlov ◽  
Gelnar V. Galieva
Keyword(s):  
Legal Regulation ◽  
Contractual Relations

FEATURES OF THE STRUCTURE AND SUBJECTIVE COMPOSITION OF CONTRACTUAL RELATIONS WITH THE PARTICIPATION OF JSC «SCIENTIFIC AND PRODUCTION CORPORATION «PRECISION INSTRUMENTATION SYSTEMS»

2020 ◽  
Vol 1 (6) ◽  
pp. 42-46
Author(s):  
S.V. DOROZHINSKY ◽  
Keyword(s):  
Public Procurement ◽  
Legal Regulation ◽  
The State ◽  
Regulatory Framework ◽  
Contractual Relations ◽  
Procurement System ◽  
State Defense

The article discusses the features of procurement in the framework of the state defense order by conducting trade procedures. The analysis shows that the regulatory framework for state defense orders includes both general acts for the entire public procurement system and special acts regulating relations specifically in the field of defense orders. The features of legal regulation in this sphere are determined, first of all, by the defense order specifics, but, primarily, this sphere as a whole is subject to the rules of legal regulation common to the sphere of public procurement.

scholarly journals Legal Aspects of the Social Regulator of Contractual Relations in Labor Law of Ukraine

2021 ◽  
Vol 80 (1) ◽  
pp. 130-138
Author(s):  
Т. П. Голопич ◽  
І. М. Голопич
Keyword(s):  
Labor Law ◽  
Practical Experience ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The State ◽  
Collective Agreement ◽  
Social Partnership ◽  
Social Dialogue ◽  
The Social ◽  
Contractual Relations

Legal aspects of the social regulator of contractual relations in labor law of Ukraine have been revealed. The concept of social partnership and social dialogue as a legal regulatory mechanism of collective relations has been studied. Legal regulation of labor conditions at different levels, through agreements, reflecting the will and interests of the parties to the agreement, has been analyzed. It has been found out that the personal nature of work, the definition of the specific labor function, duration of working time, remuneration of labor, etc., shall be reflected in a contractual relationship, which requires new forms of relationship between a state, an employer and an employee. Such new forms are acts of social partnership representing the interests of employees, employers, and the state in general. Special attention in this process has been paid to the collective agreement, wherein the interests of the labor collective and the employer are reconciled. The significance of the collective agreement is enhanced in the context of the market economy transformation and the development of new forms of management. Based on international experience it has been proved that problems of economic and public life are addressed optimally, if the orientation is implemented not towards the confrontation, but towards the achievement of social compliance, adjustment of social partnership on the principles of cooperation between employers and employees, which are realized in forms of negotiations, the conclusion of collective agreements and collective arrangements, coordination of draft regulatory and legislative acts and consultation in decision-making by social partners at all levels. It has been defined that social partnership is implemented by means of social dialogue, as a set of coordination procedures of interests of association of employees, employers and the state. Social dialogue helps to provide social harmony and stability in the society, it addresses diverse social and economic problems; it is the universal mean of collective relations for each country, it takes into account its traditions and particularities, and it is based on the significant practical experience of real cooperation.

scholarly journals The Role of Judicial Practice in the Legal Regulation of Insurance Contractual Relations

2020 ◽  
pp. 97-105
Author(s):  
Nadiia Milovska
Keyword(s):  
Insurance Industry ◽  
Self Regulation ◽  
Legal Regulation ◽  
Social Regulation ◽  
Important Place ◽  
Judicial Practice ◽  
Moral Standards ◽  
Contractual Relations ◽  
Characteristic Features ◽  
Legal Forms

he article is devoted to determining the concept, role and significance of judicial practice in the legal regulation of insurance contractual relations, the establishment of its characteristic features and its correlation with other sources of legal regulation of the relevant relations. It has been established that the legal regulation of insurance contractual relations represents a state-dominant influence on such relations by a combination of legal means by which specific entities (the insurer and the insured) influence the legal relationship in the insurance industry by establishing specific contractual conditions in order to consolidate relations between them in order to streamline them in accordance with the needs of society as a whole and specific entities in particular. Legal regulation of insurance contractual relations is carried out using various legal forms that differ in the level and manner of their consolidation. In the system of sources of legal regulation of direct contractual relations on insurance, the following are distinguished: sources of normative (general) regulation (normative legal act, legal custom, judicial precedent, standard contract, general principles of law) and sources of individual regulation (specific insurance contract, the contents of which constitute the totality conditions determined at the discretion of the parties and agreed by them). In addition, on the basis of state-power nature and belonging to a certain type of social regulation, the sources of legal regulation of contractual insurance relations are: a) substantial, formal sources of law (institutional sources), which coincides with the form of law as a way of expressing the rules of conduct that are contained in the rules of law (multilevel regulatory legal acts in the field of insurance); b) the totality of social regulators (extra-legal sources), which are characterized by direct or indirect recognition by their state of regulators of insurance relations, which are constituted by the customs of business turnover, moral standards; c) judicial practice, which is characterized by a combination of institutional, non-legal sources and contractual self-regulation. It is noted that judicial practice is the result of judicial regulation, affects the practice of law enforcement, the actual formation of insurance relations in society, changes in insurance legislation and occupies an important place in social regulation. Key words: judicial practice, legal regulation, insurance contractual relations, sources of legal regulation, non-legal sources, social regulators.

scholarly journals Agreements in Construction: The Past, the Present, the Future

JURIST ◽  
2021 ◽  
Vol 4 ◽  
pp. 11-16
Author(s):  
Oleg V. Makarov ◽  
Keyword(s):  
Legal Regulation ◽  
Legal Aspects ◽  
Theoretical Development ◽  
Economic Factors ◽  
Legal Regime ◽  
The Past ◽  
The Future ◽  
Contractual Relations ◽  
Socio Economic Factors

Taking into account the historical and legal aspects, the article examines the current problems of improving the system of contractual relations of construction activities. The doctrine’s lack of attention to the study of contractual relations on construction, taking into account the combination of socio-economic factors and trends in the development of civil and legal regulation, has been revealed. The theoretical development of the problems of unification and differentiation of contractual relations on construction taking into account the specifics of construction and installation works was noted. The improvement of the civil-legal regime of contractual construction activities is seen in the adoption of the consolidation act.

scholarly journals DEVELOPMENT OF LEGAL REGULATION OF INSURANCE IN LATVIA

2019 ◽  
Vol 4 (85) ◽  
pp. 93
Author(s):  
Nadezda Novozhilova
Keyword(s):  
Legal Regulation ◽  
Individual Development ◽  
Insurance Law ◽  
Development Stages ◽  
Existing Problems ◽  
Legal Space ◽  
Contractual Relations ◽  
The Moment ◽  
The Given ◽  
The Eu

The article describes the main development stages of insurance law in modern Latvia. Insurance relationship, regulated by rules of law, have their own characteristics and relevance at the moment. In the given paper the issues of the legal groundwork for the insurance contractual relations in Latvia are considered. Some aspects of insurance law in Latvia – actual problems of legal regulation of insurance. It is considered individual development stages of legal provision of insurance contractual relations in Latvia, some existing problems and are described the possibilities for improving the legal regulation of insurance law in Latvia in accordance with the requirements of the relevant EU Directives on a unified legal space of the EU.

scholarly journals The Civil Law Principle of Cooperation in the Continental Law Doctrine: Extension Beyond Contractual Legal Relations

2021 ◽  
pp. 346-371
Author(s):  
A. A. Fedoseev ◽  
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Timely Manner ◽  
Scientific Methods ◽  
Property Relations ◽  
Contractual Obligation ◽  
Legal Method ◽  
Special Scientific ◽  
General Scientific ◽  
Contractual Relations

Introduction: the article analyzes the possibility of the civil law principle of cooperation being implemented in various types of relations under civil law. Traditionally, the cooperation principle is considered in both Russian and foreign literature as the principle of fulfillment of a contractual obligation or as a group of additional obligations imposed on the parties to the contract and arising from the good faith principle. A more detailed consideration of the idea if cooperation allows us to draw a conclusion about the feasibility of this principle in other types of relations under civil law. Purpose: to justify the possibility of the cooperation principle being implemented in civil law relations other than contractual relations, namely in property legal relations, pre-contractual legal relations, and obligations from causing harm (protective legal relations). Methods: general scientific dialectical method; special scientific methods such as the method of comparative law, the technical method, the legal-dogmatic method, the historical-legal method. Results: analysis of legal regulation of such relative legal relations as contractual, pre-contractual, and protective, as well as property legal relations as a form of absolute legal relations, has shown that the cooperation principle is successfully implemented in these types of legal relations. Therefore, it is possible to consider this principle to pertain to the branch of civil law as a whole. Conclusions: the cooperation principle performs two functions: first, based on this principle, it is possible to achieve the purpose of civil law relations in a more effective way; second, this principle serves as a mechanism to overcome unforeseen circumstances that prevent the purpose of legal relations from being achieved. These functions are carried out in all the types of legal relations considered: in contractual relations – when there arise obstacles to the performance of a contract not specified in the contractual provisions; in pre-contractual relations – when there arise obstacles to achieving the purpose of negotiations (i.e. conclusion of a civil law contract); in protective relations – when there is a risk of an increase in harm or a risk of inability to fully reimburse damage in a timely manner; in property relations – when there occurs an accidental loss of a thing by the rightsholder.

scholarly journals PRE-CONTRACTUAL RELATIONS IN INTERNATIONAL COMMERCIAL TURNOVER: SPECIFICITY AND TENDENCIES OF LEGAL REGULATION

2017 ◽  
Vol 3 (3) ◽  
pp. 69-76
Author(s):  
Ольга Муратова ◽  
Olga Muratova
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Late Nineteenth Century ◽  
International Institute ◽  
Private Law ◽  
Private International Law ◽  
Foreign National ◽  
Contractual Relations ◽  
The Law ◽  
Autonomy Of Will

The article is devoted to analysis of specifics and trends of legal regulation of pre-contractual relations in international commercial turnover. The emergence of disputes arising from pre-contractual relations, the recognition of the doctrine of culpa in contrahendo, which appeared in the late nineteenth century and helped to establish the Institute that meets the needs of the international commercial turnover in the XXI century. The determining factor in the formation of the new Institute of pre-contractual relations of the Russian civil law are the successes of the foreign national codifications of private law and the unification of international private law in the European Union in the framework of non-governmental organizations: International Institute for the Unification of Private Law (UNIDROIT), the Hague conference on private international law, etc. These achievements prefaced the inclusion in the civil code provisions on pre-contractual relations by putting the question of formal recognition of their existence as an independent Institute of the civil law on the legal consequences occurring as the result of unfair behavior at the pre-contractual stage. The author also draws attention to the complexity of the recognition of those or other actions of potential contractors of the existence of pre-contractual relations, which raises the question of whether their formalization through written fixation. In addition, the author considers the problem of implementation in the Russian legislation the principle of autonomy of will of parties to select the law applicable to pre-contractual relations. At the end the author comes to a conclusion that the most suited to modern commercial reality is an approach, according to which the principle of autonomy of will of the parties is a fundamental criterion for determining the law applicable to pre-contractual relations. The choice of such rights must be granted to the parties pre-contractual relations, as the conclusion of the main contract or after its conclusion (for example, if you have any pre-contractual dispute).

scholarly journals LEGAL REGULATION FOR CONTRACTUAL RELATIONS IN THE FIELD OF ELECTRONIC COMMERCE

2021 ◽  
pp. 44-47
Author(s):  
A. Pohorilenko
Keyword(s):  
Electronic Commerce ◽  
Negative Impact ◽  
Legal Regulation ◽  
Relevant Field ◽  
Contractual Relations ◽  
The Law ◽  
Business Entities ◽  
The Moment

This paper examines the Law of Ukraine "On e-commerce", central legal act in the relevant field, in terms of the scope of its legal regulation, in particular on the inclusion of B2B contractual relations in its range. According to the research, in accordance with international practice, the field of e-commerce includes various types of legal relations, including the following: B2C (Business-Consumer), C2C (Consumer-Consumer), B2G (Business-Government), G2B (Government-Business) and B2B (Business-Business). At the same time, B2B relations makes up its largest segment. Nevertheless, as revealed by the analysis of the legislation, abovementioned law of Ukraine in the field of e-commerce does not take into account the needs of economy and excludes this largest segment of e-commerce from the scope of legal regulation. Moreover, analysis of the key provisions of the relevant law governing the composition of participants of e-commerce has led to the conclusion that business entities wishing to enter into an agreement in the relevant field will not be considered as e-commerce subjects at all. As a result, they are deprived of the entire scope of legal regulation provided by this law for "selected" participants of e-commerce, i.e. the provisions of the relevant law on the obligations of the seller (performer, supplier) of goods, works, services in the field of e-commerce, the obligations of the buyer in the field of e-commerce, provisions on the moment of signing of the electronic agreement etc. Hence, these provisions do not apply to the parties of the business agreement, which by all indications belongs to the field of e-commerce. All the above mentioned may have a negative impact on the development of e-commerce and B2B relations in Ukraine. According to the results of the study, it was concluded that the Law of Ukraine "On e-commerce" should be supplemented by provisions including B2B relations to the field of e-commerce.

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