scholarly journals Sole will and joint will of spouses: a comparative approach (permissible aspect)

2021 ◽  
Vol 118 ◽  
pp. 04018
Author(s):  
Ruslan Mikhailovich Ushakov ◽  
Vladimir Nikolaevich Gavrilov
Keyword(s):  
Comparative Approach ◽  
Scientific Methods ◽  
Legal Structure ◽  
Legal Method ◽  
Technical Aids ◽  
Bona Fide ◽  
Legitimate Interests ◽  
General Scientific ◽  
The Subject ◽  
The Right

The research is aimed at structuring doctrinal developments on the stated topic, comparing them with the related Russian and foreign practices and formulating their own scientific position. The subject of the research is the legal relationship arising in connection with a) the right to make a sole will and b) the determination by the spouses subject to the joint will of the corresponding rights and obligations for a heir. In the course of the study, the dialectical method, general scientific methods of analysis, synthesis, analogy as well as the systemic method were used; special legal methods were used, in particular, the comparative approach. The problem of civil law regulation of the institution of will, and in particular of the joint will of spouses, with the comparative legal method was analysed. As a result, the authors, on the basis of an analysis of the current domestic and foreign civil legislation, have developed ways to solve the identified problems by making appropriate changes to the civil legislation. In particular, the concept of a classic will has been formulated and substantiated. It was established that the mandatory provision concerning the loss of effect of a joint will in the event of a marriage being declared invalid after the death of one of the spouses violates the legitimate interests of a bona fide spouse, and therefore it was proposed to supplement the civil legislation with provisions that would allow the court to keep such a will in force. It has been substantiated that the Russian legislator needs to supplement the legal structure of the institution under research by allowing to draw up a joint will of spouses in extraordinary circumstances. The novelty of the research lies in the proposal to amend the articles of the current civil legislation in order to secure the possibility of making a sole will with electronic or any other technical aids.

scholarly journals Modification of the claim: limits and their impact on the availability of justice in the Russian Federation

2021 ◽  
Vol 118 ◽  
pp. 04005
Author(s):  
Lyudmila Valerievna Starodubova ◽  
Leonardo Aurelio Ingannamorte ◽  
Igor Vladimirovich Mashtakov ◽  
Olga Sergeevna Lapshina ◽  
Golib Nurullo Kodirzoda
Keyword(s):  
General Theory ◽  
Interdisciplinary Science ◽  
Scientific Methods ◽  
Civil Proceedings ◽  
Legitimate Interests ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Principles Of Justice ◽  
Theory Of Law

The purpose of the study is to prove the need to lift restrictions in civil proceedings and proceedings in arbitration courts in terms of the limits of modification of the claim and to provide the applicant with the possibility of simultaneous modification of the subject and the basis of the claim while maintaining their previously stated legally protected interest. Certainly, this may be possible only and exclusively with the approval of the judge, as well as with the preservation of all procedural guarantees for the defendant. The methodological basis of the research is the general, general scientific and private scientific methods of cognition used by legal science in the object-subject sphere of cognition of the general theory of law. In addition, a number of synthetic, integrative methods of research are used, which are included in the methodology of interdisciplinary science, which is relevant for modern socio-humanitarian science. The results of the study are the justification that these limits in some cases can completely block the applicant’s access to the mechanisms of justice. The authors argue that this is unacceptable since it violates both the subjective right of the applicant to a defense, and one of the most important principles of justice is the principle of accessibility. The authors also considered the issue of the validity of the limits of the modification of the claim. The novelty of the work is in the results of the analysis of the practice and the alleged hypothetical situations in which the existence of limits for the modification of the claim does not allow the applicant to defend its rights and legitimate interests, as in the identified causes, conditions, and consequences of such phenomena.

scholarly journals Constitutional legal support of the unity, stability and coherence of Russian legal system

2018 ◽  
Vol 2 (3) ◽  
pp. 29-42
Author(s):  
S. Ivanov
Keyword(s):  
Legal System ◽  
Comparative Method ◽  
Scientific Methods ◽  
Legal Method ◽  
Scope Of Application ◽  
General Scientific ◽  
The Subject ◽  
Constitutional System ◽  
Legal Mechanism ◽  
Stability And Consistency

The subject. The paper is devoted to the issues of the system of constitutional legal guarantees of unity, stability and consistency of the Russian legal system, the problems of their effective implementation.The purpose of the paper is to reveal the actual problems of constitutional legal support of the unity, stability and coherence of the Russian legal system.The methodology of the study includes general scientific methods (analysis, synthesis, comparative method, description) as well as particular academic methods (formal-legal method, interpretation of legal acts).Results, scope of application. It is revealed that the constitutional legal support of unity, stability and consistency of the Russian legal system occurs by means of action of two types of special constitutional legal guarantees: conflict and competence ones. A number of problems of effective support of the unity, stability and consistency of the domestic legal system are identified. The problems include gaps and other defects of constitutional regulation, the lack of a legal mechanism to ensure the supremacy of the foundations of the constitutional system and others.Conclusions. There is a number of amendments to the existing constitutional legislation proposed to solve the identified problems.

scholarly journals Claims for Recognition of a Registered Contract as Terminated and the Right of Obligation as Absent

2021 ◽  
pp. 57-83
Author(s):  
V. A. Boldyrev ◽  
Keyword(s):  
Scientific Methods ◽  
Legal Rules ◽  
Legal Studies ◽  
Judicial Practice ◽  
Legal Method ◽  
Legal Nature ◽  
General Scientific ◽  
The Law ◽  
Time Changes ◽  
The Right

Introduction: claims for recognition of a registered contract as terminated and the right of obligation as absent combine the following features: (1) they are declaratory; (2) belong to the category of negative ones; (3) are not explicitly stated in the law; (4) are recognized by judicial practice; (5) are aimed solely at eliminating legal uncertainty. The unity of features determines the need to analyze these types of claims within a single study. Purpose: to establish the reasons for the occurrence in practice of claims for recognition of a registered contract as terminated and the right of obligation as absent. Methods: general scientific (dialectical) method of cognition of scientific concepts of private law; special scientific methods of cognition: formal-legal method, historical-legal method, method of comparative legal studies, forecasting. Results: the transition of the claim for recognition of the right of obligation as absent to the category of remedies directly referred to in acts of official interpretation of law entails great risks. As soon as the emerging practice is recorded in an act of interpretation, the following will happen. Firstly, the number of cases of its use in practice will be likely to increase, which will entail an increased burden on courts. Secondly, there will appear the prerequisites for the full formal legalization of the phenomenon, as has already happened with the recognition of a contract as not concluded and the recognition of the right to a thing as absent. Should there be no registration actions in the Russian legal system, there would not be so many claims of a negative legal nature recognized by practice, including the claim for the recognition of a registered contract as terminated. Protective legal rules aimed at regulating claim-based relations that have the purpose of ensuring a more stable existence of regulatory relations are often formalized in the law, being widely applied in practice by the time changes are introduced into the law.

scholarly journals Labor is free or freedom of labor? Russia and international law

2021 ◽  
pp. 87-95
Author(s):  
Elena Yur'evna Eseva
Keyword(s):  
International Law ◽  
Legal Framework ◽  
Soviet Period ◽  
Legal Research ◽  
Scientific Methods ◽  
Legal Method ◽  
Foreign Countries ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation

This article explores the problem of exercising the constitutional guarantee of the freedom of labor. Analysis is conducted on the current Russian legislation in comparison with the legislation of the Soviet period in the area of regulation of questions of the freedom of labor. Functionality of the institution of the freedom of labor is viewed on the practice of Russian reality and its compliance with the norms of international law. The questions of the freedom of labor are also examined in a number of foreign countries. The author reveals the flaws in the Russian legal framework on the subject matter, and makes recommendations for amending the current legislation. Research methodology leans on the comparative-legal method, as well as such general scientific methods as historical, linguistic and others. The scientific novelty of this article is defined by the absence within the domestic legal science of comprehensive legal research of the entirety of problems related to constitutional guarantee of the freedom of labor. An attempt is made to carry out a comparative study of the international normative regulation of relations in the area of the freedom of work with the norms established in the Constitution of the Russian Federation.

scholarly journals THE LEGAL PROBLEMS OF INFORMATION EXCHANGE IN SYSTEM OF TAX AUTHORITIES

2018 ◽  
Vol 1 (4) ◽  
pp. 46-55
Author(s):  
Kirill Maslov
Keyword(s):  
Information Exchange ◽  
Comparative Method ◽  
Remote Access ◽  
Tax Administration ◽  
Scientific Methods ◽  
Legal Method ◽  
Information Interaction ◽  
Effective Exchange ◽  
General Scientific ◽  
The Subject

The subject. The article is devoted to legal issues in the regulation of relations on information exchange between departments of the Federal Tax Service of Russia and their officials.The purpose of the article is to determine the legal basis, allowing the effective exchange of tax information between tax authorities.The methodology of the study includes general scientific methods (analysis, synthesis, comparative method, description) as well as particular academic methods (interpretation of legal acts, formal-legal method).Results, scope. Information interaction of bodies of tax administration along with General principles of information exchange, shall further be based on the principle of maximum accessibility to bodies of tax administration existing tax information. Information must be transmitted by officials of these bodies to each other by applying the maximum number of forms of interaction. It is not only the planned transfer of certain data, but prompt replies to queries; unification of formats of information used (in the future, if technically possible, a unified information system to allow remote access to every employee of all departments); support workers one bodies the activities of other specialists; coordination of control activities; joint seminars (conferences).Conclusions. A security feature of the standards for the exchange of information in the system of tax administration, will be fully realized only when along with an indication of the type of information to be found who, in what organ and in what order must pass, and what will be the liability for violation of the rules.

Implementation of equality principle of convicts under the law in the norms regulating the institution of convicts’ departure outside the penitentiary: some issues and ways to solve them

2021 ◽  
pp. 90-98
Author(s):  
Nikolai S. Kovalev
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Equal Rights ◽  
Scientific Methods ◽  
Penal Law ◽  
General Scientific ◽  
The Subject ◽  
The Law ◽  
The Right ◽  
Law Making

One of the areas of effective legal regulation of penal legal relations is the compliance of lawmaking and law-enforcement activities with the requirements of the fundamental provisions of penal legislation. The object of the research is the implementation of the equality principle of convicts un-der the law through the consolidation of equal rights, duties and legitimate in-terests of convicts in the penal legislation. The subject of the research is the penal legislation norms governing the institution of the convicts’ departure outside the penitentiary. We indicate the connection of the phenomenon un-der study with the lawmaking and law-enforcement aspect of penal law. We outline some of the law-making and law-enforcement penal issues that are directly related to the consolidation and application of the penal legislation norms when granting convicts the right to leave the penitentiary to visit chil-dren. As a methodological basis for cognition, the following are used: general scientific methods of analysis, synthesis, induction, deduction, which make it possible to investigate aspects of penal legal reality directly related to the im-plementation of the principles of penal legislation, to formulate well-grounded conclusions; private scientific methods – formal legal and comparative legal – make it possible to identify problems of legal regulation, develop proposals for changing legislation. As a result of the study, we identify the penal legislation norms that contradict the equality principle of convicts under the law, and propose ways to eliminate the identified contradictions.

Bank Marketing: Features, New Trends, and Prospects

2019 ◽  
pp. 83-88
Author(s):  
E. N. Valiev ◽  
E. N. Veysov
Keyword(s):  
Systems Approach ◽  
Marketing Research ◽  
Theory And Practice ◽  
Scientific Publications ◽  
Scientific Methods ◽  
New Directions ◽  
General Scientific ◽  
Modern Economic ◽  
The Subject ◽  
Bank Marketing

The importance of the subject of this study is attributable to the need of developing the theory and practice of formation of bank marketing, its features and new trends associated with this concept. Prospects for the development of banks and their ability to quickly and efficiently address new challenges presented by the market can be determined through modern forms, methods of management and creative use of financial marketing opportunities.Aim. The presented study aims to examine the specific aspects, principles, conditions, factors of emergence, and prospects for the development of bank marketing and forms of its management in modern economic conditions.Tasks. The authors identify the major trends and perspective directions in the development of bank marketing in Azerbaijan at the current stage.Methods. As its methodological and theoretical basis, this study uses a systems approach to the analysis of its subject, conceptual approaches outlined in the works of Azerbaijani, Russian, and foreign scientists in the field of bank marketing. These methods are used to determine the essence of bank marketing, present the types and organization of marketing research, and identify the characteristic traits, new forms, and directions for the development of bank marketing.Results. The study uses general scientific methods of cognition in various aspects to identify characteristic traits, trends, and new directions of bank marketing. A review of scientific publications shows that academic papers tend to focus on general conceptual approaches to the practical application of marketing. The authors believe that the issues of organization of a comprehensive bank management system, its implementation based on innovations in the promotion of banking products and services in the financial market, and substantiation of channels for their distribution among consumers are insufficiently explored. This makes the subject of this study extremely relevant due to the inevitable optimization of the organizational structure of banks through comprehensive implementation of the marketing system.Conclusions. Theoretical and practical issues of bank marketing are examined. As a result, the specific features and characteristic traits of this mechanism, conditions and factors for its emergence, and its prospects in the context of the digital economy are analyzed.

Legal views of E. Olesnytsky

2020 ◽  
pp. 39-48
Author(s):  
Liubomyr Ilyn
Keyword(s):  
Legal Protection ◽  
Legal Culture ◽  
Political Activity ◽  
Practical Significance ◽  
Comparative Approach ◽  
Public Interests ◽  
Cooperative Movement ◽  
Special Scientific ◽  
General Scientific ◽  
The Right

Purpose. The purpose of the study is to analyze the legal and state views of E. Olesnytsky, in particular his assessment of imperial law, as well as practical activities as a lawyer and one of the initiators of the cooperative movement in Galicia in the early twentieth century. Methods. The methodological basis of the study was a set of general scientific, special scientific and philosophical methods, as well as the principles of historicism. The key was the biographical method and the comparative approach, which allowed to reveal the peculiarities of the formation of legal views of E. Olesnytsky. Findings. It is established that through the prism of the analysis of political and legal views of E. Olesnytsky it is possible not only to trace the level of legal culture, social and political activity of the population of Galicia, but also to determine the practical content of imperial legislation. The influence of I. Franko and socialist ideas in general on the legal views of E. Olesnytsky, who was one of the founders of the «Сhasopys Рravnycha», actively analyzed the imperial regional legislation for expediency, rationality and compliance with public interests. This work was key in raising the level of legal culture of the population, and after 1891 it was supplemented by the legal activity of E. Olesnytsky. Among the regional legislation, the lawyer's special attention was drawn to the right of propination, which gave large landowners a monopoly on the production and sale of alcohol. After 1901, E. Olesnytsky focused on the development and popularization of the cooperative movement in Galicia, including the legal protection of producers and sellers of agricultural products. Originality. The directions of E. Olesnytsky's professional and professional interests in the field of economic and financial law of Austria-Hungary, advocacy and organization of the cooperative movement are determined. Practical significance. The results of the study can be used in further historical and legal research, preparation of special courses.

Countering Migration Legislation Violations as a Modern Threat to National Security

2021 ◽  
Vol 15 (1) ◽  
pp. 162-170
Author(s):  
IGOR’ YU. SAMOKHVALOV
Keyword(s):  
Legal Status ◽  
Law Enforcement Agencies ◽  
Intelligence Gathering ◽  
Legal Norms ◽  
Functional Activities ◽  
Legal Method ◽  
Current State ◽  
General Scientific ◽  
Labor Resources ◽  
The Right

Introduction: the paper investigates migration situation in the country, reasons and prerequisites for migration-related crime, and identifies features of state prevention of migration offenses. Aim: by analyzing current migration situation, to identify problems in the field of migration-related offenses and how to counteract them at the current stage of society development. Methods: general scientific dialectical method of cognition, comparative legal method, empirical methods of description and interpretation; method of interpretation of legal norms. Results: having analyzed manifestations of migration-related crime we determine its signs, internal content, essence, types, and objectivity of existence; this allows us to put forward ways to counteract the current state of this type of crime. Conclusions: when studying how migration offenses are counteracted, we propose a number of measures that can change the existing crime situation in the migration sphere. Among them: strengthening the registration of migrants when passing the state border; increasing the responsibility of an unscrupulous employer who provides work to migrants in violation of current legislation, obliging unscrupulous employers to cover expenses related to the expulsion of illegally located migrants, strengthening the responsibility of the employer; tightening the sanctions of existing legislation for submission of false documents for registration by migrants and for registration based on false documents; strengthening the functional activities of the Federal Migration Service by granting it the right to perform intelligence-gathering activities and interaction with operative units of law enforcement agencies engaged in such activities; determining the priority of external and operative services to identify the facts of illegal stay of migrants in the territory of the metropolis; establishment of a single codified act – the migration code, regulating legal relations arising in the migration sphere. Keywords: migration-related crime; labor migration; uncontrolled migration of labor resources; legal status; victimization; migration diasporas.

Administration of the educational process (legal and linguistic-didactic aspects) in the conditions of quarantine and post-quarantine measures caused by covid-19

Eduweb ◽  
2021 ◽  
Vol 15 (2) ◽  
pp. 181-193
Author(s):  
Vira Mizetska ◽  
Olena Sierykh ◽  
Hanna Savchuk ◽  
Diana Yevtimova ◽  
Oleh Synieokyi
Keyword(s):  
Public Relations ◽  
Educational Process ◽  
Scientific Methods ◽  
Functional Changes ◽  
Educational Processes ◽  
Special Scientific ◽  
Science And Education ◽  
General Scientific ◽  
The Subject ◽  
The Impact

The aim of the study is to characterize the impact of the COVID-19 pandemic on the administration of the educational process on the examples of legal and linguistic-didactic aspects. The object of the study is systemic and functional changes in science and education under the influence of the COVID-19 pandemic. The subject of the study is public relations in the field of education and science in their legal and linguistic-didactic aspect under the influence of the COVID-19 pandemic. Research methods are general scientific and special scientific methods, in particular, system-structural, formal-legal, hermeneutic; methods of analysis, synthesis. As a result of the research, the peculiarities of administration of educational processes in the conditions of COVID-19 in the aspect of mechanisms of legal support of activity of bodies of education and science, linguodidactics were formulated; the characteristic of systemic changes in the sphere of education which have occurred under the influence of the distribution of a coronavirus is carried out; describe the main approaches contained in the current scientific literature to solve the above problems.

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