scholarly journals Problems of using certain unnamed ways to ensure fulfillment of obligations

2020 ◽  
Vol 164 ◽  
pp. 11027 ◽  
Author(s):  
Nina Semeryanova ◽  
Artem Tsirin ◽  
Sergey Matulis ◽  
Ibragim Ibragim
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Civil Law ◽  
Research Approach ◽  
Legal Basis ◽  
Scientific Methods ◽  
Legal Method ◽  
Current State ◽  
Legal Nature ◽  
Legal Structures

The relevance of the work lies in the fact that traditional ways of ensuring the fulfillment of obligations do not fully satisfy the needs of civil circulation, therefore, modern civil legislation needs more flexible legal structures. This situation encourages participants in civil turnover to search for alternative ways to ensure their property interests and is the main reason for emergence of unnamed ways to ensure fulfillment of obligations. The article defines the legal basis of such methods of ensuring fulfillment of obligations as a state (municipal) guarantee, security sale and fiduciary collateral, as well as their place in Russian legal system. Cases of application of these methods in practice are analyzed. The novelty of the study lies in assessing the current state of individual unnamed ways to ensure the fulfillment of obligations made on the basis of analysis of doctrine, legislation and law enforcement practice. Conclusions: Civil law, which offered participants of the obligation relations other ways to ensure the fulfillment of obligations, did not form sufficient criteria and provisions for their regulation. The main difficulties of law enforcers associated with unnamed ways of ensuring the fulfillment of obligations arise due to the lack of unity of opinion on their legal nature in the doctrine, which leads to the difficulty of their settlement and does not allow to occupy a proper niche in civil law. The leading research approach of the study includes such scientific methods as dialectics, analysis, synthesis, deduction, comparative legal and formal legal method.

scholarly journals Clarification and analysis of the concept of “legal reality”

2019 ◽  
Vol 135 ◽  
pp. 04061
Author(s):  
Victoria Lez’er ◽  
Nina Semeryanova ◽  
Elena Grigorovich
Keyword(s):  
Law Enforcement ◽  
Special Kind ◽  
Semantic Structure ◽  
Research Approach ◽  
Legal Practice ◽  
Symbolic Form ◽  
Scientific Methods ◽  
Cultural Interpretation ◽  
Legal Method ◽  
The World

The relevance of the study is determined by fundamentally different approaches to understanding the essence of legal reality, which creates practical issues of law enforcement. Legal reality is considered in the context of cultural interpretation of law, its role in the legal being of civil society is determined. The analysis of scientists’ worldviews on the problem of the category of “legal reality” allowed the authors to generalize global approaches and define this category as a special kind of being the kind of ideal being; its essence lies in the obligation, and this sphere constitutes the world of man as a person and the world of culture in general. This “being” has a semantic structure. The meanings of law are expressed in mental attitudes, ideas and theories, in the symbolic form of norms and institutions, in human actions and relationships, i.e. in various manifestations of legal reality. However, taking into account the rootedness of law in culture, one can say that the way of the existence of meanings is very multifaceted. According to the authors, clarification of the concept of “legal reality” is necessary to improve legal practice. The leading research approach includes such scientific methods as dialectics, analysis, synthesis, deduction and the formal legal method.

scholarly journals Subject of confiscation in little commercial bribery and little bribery

2021 ◽  
Vol 2021 (1) ◽  
pp. 121-125
Author(s):  
Galina Mironova
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Civil Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
Legal Basis ◽  
State Revenue ◽  
Legal Nature ◽  
Commercial Bribery ◽  
The Russian Federation

The analysis of the grounds for the confiscation of property allowed the author to identify a set of problems that have arisen as a result of the legislative separation of petty commercial bribery and petty bribery. Article 1041 of the Criminal Code of the Russian Federation gives no legal basis for seizure of property obtained as a result of petty commercial bribery or petty bribery. It leads to the deficiency of the means of criminal law enforcement and requires the use of other means, not restricted to only penal tools. For the confiscation of property, courts resort to the application of civil law norms regulating the invalidity of civil transactions. The author notes that as a result of this approach to the legal regulation of the confiscation of property and decisions taken by the courts, there is a confusion and substitution of the legal nature of the fact of a crime and the fact of a civil tort. In order to eliminate the revealed contradictions, the author proposes to amend the normative regulation of the grounds for the confiscation of property and to consider property received as a result of petty commercial bribery or petty bribery as obtained illegally and, accordingly, subject to seizure as state revenue.

scholarly journals Protection against imposing unfavorable contract terms by the dominant party in the russian legislation: issues of ensuring the balance of convenience

2020 ◽  
Vol 16 (1) ◽  
Author(s):  
Kirill Andreevich Pisenko ◽  
Stanislav Lvovich Botvinnik
Keyword(s):  
Legal Regulation ◽  
Philosophical Perspective ◽  
Public And Private ◽  
Scientific Methods ◽  
Dominant Party ◽  
Legal Method ◽  
General Logic ◽  
Legal Nature ◽  
Definition Of ◽  
Antitrust Regulation

Legal issues of counteracting the imposition of unfavorable contract terms by the dominant party raise a number of theoretical and practical problems. The authors of the article try to determine the legal nature of imposition and develop methods of comprehensive counteraction to this violation in order to ensure the balance of convenience. From the philosophical perspective and a certain worldview, the study is based on the balance of convenience regarded as the objective foundation of legal regulation. The main philosophical and scientific methods used in this article include the dialectic method, the formal-legal method, the method of legal hermeneutics, as well as the comparative-legal and empirical methods. The theoretical basis is represented by scientific works in the field of civil, administrative, entrepreneurial and procedural branches of law. The legal nature of imposition as a type of violation should be determined with due regard to the general logic of antitrust regulation. The parallel use of both public and private law necessitates the development of procedural legal means ensuring uniform law enforcement and the balance of convenience. First of all, the unity of approaches regarding legal tools of public and civil law should be concerned with the definition of features and the essence of elements compiling the imposition itself. The authors also propose approaches to the formation of an appropriate procedural model.

scholarly journals The Division of Jointly Acquired Property of Deceased Spouses in the Event of the Death of One of Them: The Legal Regulation and Law Enforcement Practice

Legal Concept ◽  
2021 ◽  
pp. 105-112
Author(s):  
Yanina Kail ◽  
◽  
Victoria Usanova ◽  
Keyword(s):  
Law Enforcement ◽  
Property Rights ◽  
Legal System ◽  
Family Law ◽  
Current System ◽  
Civil Law ◽  
Legal Regulation ◽  
Scientific Cognition ◽  
Analysis And Synthesis ◽  
Joint Property

Introduction: the study of the division of jointly acquired property of spouses and inheritance of property has always been given special attention by the scientists and practitioners. Quite a lot of works are devoted to this area of legal relations. However, it is not so variable and depends on the intricacies of life that there are constantly many issues that require special research and improvement of the legal regulation. The division of jointly acquired property by the spouses at the dissolution of the marriage is regulated by the norms of family law, as well as civil law in the event of the death of one of the former spouses, who do not fully correspond to each other. In this regard, today citizens often face the problems of protecting their property rights. The purpose of the research: to reveal some aspects of the legal regulation and law enforcement practice of protecting the rights of former spouses in the division of jointly acquired property in the event of the death of one of them, and to offer suggestions to help improve the relevant rules. Methods: the methods of scientific cognition are applied together, among which the main ones are the formal-legal, system methods, analysis and synthesis. Results: it is proved that the current system of the legal regulation of division of joint property of the former spouses in the event of the death of one of them requires the improvement of the legal regulation, as laid down in the legislation, the protection of property rights is quite long and expensive, which leads to the futility of efforts. Conclusions: the law enforcement practice of protecting the property rights of former spouses in the division of jointly acquired property should be recognized as generally conforming to the established norms of law. However, the lack of the clear legal regulation of the criteria and conditions for the division of jointly acquired property in the event of opening of an inheritance after the former spouse before the expiration of the threeyear statute of limitations, leads to the situations where 2 spouses will claim the inheritance – the former and the present. This situation leads to costly conflicts that are resolved in court.

scholarly journals Prevention of Harm to Children’s Health and Development by Information Distributed During Paid Quest Entertainment

Legal Concept ◽  
2020 ◽  
pp. 97-102
Author(s):  
Evgeniya Serbina
Keyword(s):  
Law Enforcement ◽  
Practical Implementation ◽  
Scientific Methods ◽  
Legal Method ◽  
Innovative Management ◽  
Health And Development ◽  
General Scientific ◽  
Age Limits ◽  
The Innovative Management ◽  
High Degree

Introduction: the present study shows a high degree of significance of the factor of information and psychological security of minors participating in quests, which is currently at a low level. The purpose of the study is to identify the main guidelines for improving the legal implementation in the field of the quest industry in terms of evolution of the law enforcement in the context of introducing the innovative management technologies. Methods: the methodological framework for the research is presented as general scientific methods, including dialectical, inductive, deductive, analytical, statistical methods, interviewing and questioning, as well as specific scientific methods, such as the formal legal method, the method of legal interpretation, the principle of evaluating legal processes, etc. Results: the paper considers the initiatives of the National Quest Association (NQA) on the criteria for setting the age limits for quests. The problems of practical implementation of restricting access of minors to information dangerous for their mental health and development are noted. Conclusions: it is proved that there is a need to strengthen the external industry control in the field of protecting children from information that harms their health and development, as well as to improve the administrative legislation in this area.

scholarly journals Administrative regulations as a type of public administration acts

2021 ◽  
Vol 25 (4) ◽  
pp. 768-790
Author(s):  
Yuriy G. Arzamasov ◽  
Varvara A. Nazaykinskaya
Keyword(s):  
Public Administration ◽  
Legal System ◽  
Empirical Data ◽  
Legal Doctrine ◽  
Foreign Experience ◽  
Legal Structure ◽  
Legal Method ◽  
Legal Nature ◽  
New Type

The article examines a relatively new type of public administration acts for the Russian legal system - administrative regulations. Despite the widespread use of this type of act, its legal nature, features of the legal structure, and classification remain insufficiently studied, which determines the relevance of this study. The purpose of the study is to identify the specific characteristics of administrative regulations, allowing to classify them as a special tool for realisation of various public administration forms. Achieving this goal suggests analysis of regulatory legal acts, both Russian and foreign, as well as certain approaches to legal doctrine to determine the essence of administrative regulations, various public administration forms, and acts of public administration. Based on the analysis of theoretical and empirical data, the authors offer their definitions of acts of public administration, administrative regulations, and tools for realisation of public administration forms. In the process of research, the authors used a formal legal method that allows characterising the legal nature of administrative regulations, their role, and place in the system of acts of public administration, a comparative legal method to identify the general and the special when comparing domestic and foreign experience and general logical methods (analysis, synthesis, analogy).

scholarly journals INTERNATIONAL FRANCHISE AGREEMENT

2019 ◽  
Vol 4 (5) ◽  
pp. 332
Author(s):  
Bohdan Stetsiuk ◽  
Yurii Miroshnychenko ◽  
Pavlo Dudko
Keyword(s):  
Practical Implication ◽  
Integrated Approach ◽  
Structural Method ◽  
Scientific Methods ◽  
Legal Method ◽  
Legal Nature ◽  
Analysis And Synthesis ◽  
International Regulations ◽  
General Scientific ◽  
Definition Of

The purpose of the article is to study the legal nature of the international franchise agreement, its types, essential conditions and peculiarities of its conclusion. The subject of the study is the international franchise agreement. Research methodology. The research is based on the use of general scientific and special-scientific methods and methods of scientific knowledge. The dialectical method allowed investigating the definition of the international franchise agreement and its essential conditions. The comparative legal method was used to compare doctrinal approaches to this issue. Interpretation of the content of international legal acts governing issues related to the conclusion of the international franchise agreement was realized with the help of the normative-dogmatic method. The system-structural method is used to study the international franchise agreement as a single whole (system) with the coordinated functioning of all its elements. The methods of grouping and classifying formed the basis for separating the list of conditions, which are necessary for the conclusion of this contract, as well as the provisions that should be included in the content of the agreement. Methods of analysis and synthesis helped to study some parts of this agreement to formulate further conclusions. Practical implication. The analysed recommendations of scientists and lawyers, as well as the provisions of international regulations, can be used when concluding an international franchise contract. Correlation/originality. The scientific novelty of the work consists of an integrated approach to the study of theoretical and practical issues related to the international franchise agreement.

scholarly journals Charakter prawny wyroków wydawanych przez Krajową Izbę Odwoławczą

2018 ◽  
pp. 147-167
Author(s):  
Konrad Różowicz
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Civil Law ◽  
Administrative Law ◽  
Practical Significance ◽  
Coherent System ◽  
National Board ◽  
Judicial Decisions ◽  
Legal Nature ◽  
The Common

The regulation of the legal nature of an appeal proceeding or a judgment crowning the proceeding is ambiguous and unclear. The National Appeals Chamber which issues a judgment decides upon the validity of a contract, the obligations of the contracting authority, financial penalties, and, indirectly, the actions taken by contractors. The influence of such decisions is of theoretical and practical significance and justifies an analysis presented in the paper. Thus the constitutive features of judgments handed down by a public administration body have been analysed and compared with typical forms of law enforcement (judicial decisions of the common courts, decisions issued by arbitration courts and individual administrative decisions). The latter have been given particular attention. The deliberations were based on the position of the doctrine of the law on public procurements, provisions of civil law and administrative law, as well as judicial decisions and judgments issued by the National Appeals Chamber. These were then analysed in the light of normative regulations of the Act on Public Procurements. The analysis revealed a multitude of problems resulting from the adoption by the legislature of atypical forms of action by the National Board of Appeal. The analysis provides the basis for further research aimed to create a coherent system regulating public procurements to ensure its proper functioning and to reduce the possibility of further interpretative problems.

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 Civil Law Aspects of Bankruptsy of Debtor’s Property

Legal Concept ◽  
2019 ◽  
pp. 119-125
Author(s):  
Irina Petukhova
Keyword(s):  
Law Enforcement ◽  
Civil Law ◽  
Point Of View ◽  
Legal Capacity ◽  
Property A ◽  
Legal Entity ◽  
Scientific Methods ◽  
Legislative Regulation ◽  
General Scientific ◽  
Theory Of Constraint

Introduction: the amount of satisfied creditors’ claims in completed debtor insolvency cases raises concerns and necessitates a change in the approaches used in bankruptcy proceedings. In this connection, the author aims to study the civil law problems relating to the disposal of the debtor’s property – a legal entity in bankruptcy. The research will use such general scientific methods of cognition as synthesis and analysis, as well as such specific scientific methods of cognition as systemic and formal legal ones. Results: analyzing the legal theories, law enforcement practice and the current bankruptcy legislation, the author identified the problematic issues arising from the bankruptcy of the debtor’s property in bankruptcy procedures. Conclusions: adhering to the point of view that the theory of constraint of legal capacity (capability) of the debtor is fundamental in the legislative regulation of bankruptcy relations, the author identified the problematic aspects in determining the time of commencement of such constraint, the debtor’s property assets to be disposed of in bankruptcy proceedings.

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