The Regulation of Subsoil Resource Usage: The Erosion of the "Two-Key" Principle and Its Inclusion into the Framework of Civil Law

2006 ◽  
Vol 31 (1) ◽  
pp. 81-110 ◽  
Author(s):  
Louis Skyner
Keyword(s):  
Civil Law ◽  
Potential Effect ◽  
International Affairs ◽  
Judicial Practice ◽  
New Instrument ◽  
Legal Nature ◽  
Potential Applicability ◽  
The Government ◽  
Petroleum Sector ◽  
Definition Of

AbstractThe article analyses the two main changes in direction in the regulation of subsoil use and management evident in Russia over the past twelve months. The first set of changes—effective as of 1 January 2005—significantly alter the relative authority of federal and regional executive bodies with regards to both the development of licensing programs and the procedures established for issuing the licenses themselves. The author asks whether the transfer of authority to federal executive bodies is realizable in practice, and whether or not the provisions of the Draft Law on subsoil—published by the government in March 2005—suggest that the federal authorities will establish a framework for licensing and the management of use that provides the predictability required by investors. This material was presented at a seminar "Law, Judicial Practice and the Russian Petroleum Sector" held at the Royal Institute of International Affairs in June 2005.The author then goes on to discuss the legal nature and potential effect of a subsoil use contract, the new instrument for regulating subsoil use relations as envisaged by the draft Law "On Subsoil" use, focusing on the security and transferability of the property right that is created. To illustrate what he perceives to be a general reluctance of the state to allow the transfer of forms of use right to be free from administrative control, comparisons are made with the uneasy balance of civil and administrative law regulations in product sharing agreements, and the problems in enacting the civil law transfer of other natural resources such as agricultural land.The article concludes by discussing the potential applicability of the provisions of the Draft Law on subsoil, the possible consequences of the failure of the Draft Law to define the grounds upon which executive bodies may develop criteria to restrict or terminate the rights of the user, and the general absence of a clear definition of the function and competence of different state bodies.

scholarly journals The concept and legal nature of corporate relations: the position of doctrine and judicial practice

2020 ◽  
pp. 290-295
Author(s):  
Borys Soloviov
Keyword(s):  
Civil Law ◽  
Legal Protection ◽  
Critical Issue ◽  
Association Agreement ◽  
Corporate Rights ◽  
Judicial Practice ◽  
Legal Nature ◽  
Critical Problems ◽  
The Subject ◽  
Definition Of

Nowadays the processes of democratization, liberalization, integration of Ukraine into European and world space take place. Theundisputed significance for these processes is the signing of the Association Agreement between Ukraine and the European Union.Thus, the rapprochement of Ukraine with the European community, which has taken place in recent years, affects the sphere of privatelaw relations, which make up the subject matter of civil law. Taking all mentioned above into account corporate relations and its nationalregulation is critical issue for analysis.The provisions of national legislation regarding the definition of corporate rights and respective legal relations are analyzed. Specialattention is paid to the position of the civil law doctrine representatives in terms of legal nature and features of corporate legal relations.Analysis of current doctrine gives ground to state that corporate relations are considered to be a special type of civil legal relationsthat make up the subject of civil law. At the same time recognition of corporate relations as a type of civil ones makes it possible to useall the civil law tools and mechanism of legal protection and enforcement for corporate relations regulation.The relevant practice of the highest judicial bodies of Ukraine is analyzed. The analysis of the legislation and judicial practicehas given an opportunity to stress some problems that need to be eliminated. To our mind, one of the main problems is “fragmentation”of the legislator’s attention to the definition of corporate legal relations, which creates the ground for numerous discussions. At the sametime there are critical problems in judicial practice. For instance, we cannot agree with the Supreme Court’s attempts to find corporatelegal relations in those types of legal entities in which such legal relations do not take place at all.It is crucial to stress that recodification of civil legislation in Ukraine has its direct impact on private legal relations system andits mechanism of legal regulations.

Criminal-Legal Characteristics of Encroachment on the Health, Personal Integrity, Honor and Dignity of a Representative of the Authorities

2021 ◽  
pp. 96-103
Author(s):  
N. Yu. Borzunova ◽  
O. S. Matorina ◽  
E. P. Letunova
Keyword(s):  
Russian Federation ◽  
Statistical Data ◽  
Criminal Code ◽  
Personal Integrity ◽  
Judicial Practice ◽  
The Russian Federation ◽  
The Government ◽  
Definition Of ◽  
Criminal Legislation

The authors of the article consider the criminal- legal characteristics of crimes against representatives of the authorities, in particular, encroachment with the purpose of causing harm to the health, personal integrity, honor and dignity of a representative of the authorities. The definition of the term “representative of the authorities”is given. The main characteristics of a representative of the government are analyzed. Statistical data on the number of convictions and types of punishments in accordance with the provisions of articles of the Criminal Code of the Russian Federation (Articles 318, 319) are summarized. Examples of judicial practice are considered. The ways of improving the criminal legislation are proposed.

scholarly journals Concepts And Features Of The Corporate Contract

2019 ◽  
pp. 121-134
Author(s):  
R.S. Lukashov
Keyword(s):  
Civil Law ◽  
Limited Liability ◽  
Limited Liability Company ◽  
Key Factors ◽  
Legal Entity ◽  
Legal Nature ◽  
The Subject ◽  
Definition Of ◽  
Contractual Structures

The article is devoted to the theoretical and legal analyses of the place of a corporate agreement in the system of civil contracts. The article identifies the key factors that justify a separate place of the corporate agreement among existing contractual structures of civil law. The article deals with scientific views on the concept and legal nature of the corporate agreement, outlines the subject of the corporate agreement, which is concluded between the participants of the legal entity of corporate type, as well as analyzed the latest legislation on the definition of the concept, subject and content of the corporate agreement, which is concluded between the members of the limited liability company.  

scholarly journals To the Definition of Preferential Right in Civil Law

2021 ◽  
Vol 17 (2) ◽  
pp. 45-53
Author(s):  
A. V. Pikalov
Keyword(s):  
Civil Law ◽  
Third Parties ◽  
Legal Obligation ◽  
Specific Group ◽  
Legal Nature ◽  
The Subject ◽  
Single Idea ◽  
Definition Of ◽  
The Right ◽  
The Relationship

The essential features of the preferential right are revealed and the main approaches to understanding its legal nature are considered. According to the first approach, preferential rights are defined as cases when, under all equal conditions, the advantage is granted by law to a specific group of persons with some special characteristics. The second approach does not have a single idea: the authors focus on a certain aspect of preferential rights and propose to understand other preferential rights in the same way. The place of “preferential rights” among other exceptions in the law is determined, the relationship and difference from related legal categories are shown. Based on the results of carried out research, the author's definition of a preferential right is developed as an additional possibility based on the property (corporate) interest of its owner, established by law or contract, to demand from the subject-accomplice in the right or the party in respect of proper behavior in the form of providing advantages over third parties. This right is proposed to be considered an independent subjective right due to the obvious independence of its existence in objective law as a measure of possible behavior defined by law (by contract, constituent document), the presence of a construction corresponding to it of a legal obligation, its own mechanism for the implementation of this right, and for a number of other reasons set out in the work.

Turnover of Electronic Funds: Civil Law Issues

10.12737/1556 ◽  
2013 ◽  
Vol 1 (12) ◽  
pp. 130-135
Author(s):  
Максим Коростелев ◽  
Maksim Korostelev
Keyword(s):  
Civil Law ◽  
Electronic Money ◽  
Legal Tender ◽  
Legal Nature ◽  
Definition Of ◽  
Legal Mechanism

The article is devoted to the definition of electronic money according to Russian legislation, its legal nature, legal mechanism of its transfer, to the question whether electronic money is legal tender in Russia as well as to the question whether electronic money emission constitutes deposit taking activity.

scholarly journals Legal Definition of Irresistible Force in the Civil Law of Russia and China

2021 ◽  
Vol 8 (3) ◽  
pp. 93-120
Author(s):  
S. Zimneva ◽  
T. Popova ◽  
H. Siao
Keyword(s):  
Civil Law ◽  
Theoretical Concept ◽  
Republic Of China ◽  
Legal Definition ◽  
Judicial Practice ◽  
Legal Literature ◽  
Force Majeure ◽  
Coronavirus Infection ◽  
Russian Law ◽  
Definition Of

The research focus is on concept of force majeure and irresistible force as a reason to release the parties from liability for failure to perform civil obligations. The authors examine theoretical concept and legal definition of “irresistible force” and its characteristics based on legislation, legal literature and judicial practice of the Russian Federation and the People’s Republic of China. Also, the authors analyze the civil law jurisdictions on irresistible force, relatively to its ambiguity and situation with the spread of the new coronavirus infection (COVID-19) and come to the conclusion that courts in each specific case should establish irresistible force circumstances. The work uses a linguistic (philological) method, in particular, the method of distributive analysis of the terms “irresistible force” and “force majeure.” The article shows that in modern Russian law the expression “irresistible force circumstances” has more efficient terminological potential. The authors propose implementation of “irresistible force circumstances” concept in the Russian Civil Code, which would more accurately reflect the essence of this concept.

scholarly journals Peculiarities of Protection of Rights and Interests of Heirs: Theoretical Aspects

2020 ◽  
Vol 10 ◽  
pp. 355-362
Author(s):  
Yuri O. Zaika ◽  
◽  
Oleksandr Ye. Kukhariev ◽  
Volodymyr L. Skrypnyk ◽  
Aliesia A. Mytnyk
Keyword(s):  
Civil Rights ◽  
Scientific Community ◽  
Civil Law ◽  
Inheritance Law ◽  
Legal Literature ◽  
Legal Nature ◽  
The Will ◽  
Methodological Approaches ◽  
Definition Of ◽  
The Right

The relevance of this study is due to the necessity to ensure the proper exercise of subjective civil rights in the field of inheritance law. Protection in inheritance is related to the general right to protection. Due to the peculiarities of inheritance law as a sub-branch of civil law, it has its own specifics, which is manifested primarily in the definition of special ways to protect violated unrecognized or challenged rights. In addition, the protection of the rights of heirs takes place only within the inheritance relationship, which is characterized by a long nature. The purpose of the article is to identify the features of protection of subjective civil rights of heirs in the field of inheritance. This necessitates the use of special methodological approaches that will identify the characteristics of protection of the rights of heirs, as well as research methods such as dogmatic, formal-logical, systematic, comparative law. The article analyses the recognition of the right of ownership of inherited property in court and proves that this exceptional method of protection is used if there are obstacles to the notarization of inheritance rights. The most typical and widespread special ways to protect the rights of heirs are considered: removal from the right to inherit, invalidation of the will, change of the order of obtaining the right to inherit, reduction of the size of the obligatory share in the inheritance. The outlined issues were not widely covered in the legal literature, as the attention of scholars was mainly in the perspective of clarifying the legal nature of protection and defence, the ratio of forms and methods of protection of subjective civil rights, analysis of general methods of protection of subjective civil rights. That is why this work is an important contribution to outlining the issue of inheritance law and attracting due attention of the scientific community.

scholarly journals An Institution of Liability for Causing Harm: A Current State and Ways of Improvement

2020 ◽  
Vol 1 (12) ◽  
pp. 43-52
Author(s):  
L. K. Ostrikova
Keyword(s):  
Civil Law ◽  
Public Law ◽  
Public Authority ◽  
Tort Liability ◽  
Criminal Proceedings ◽  
Judicial Practice ◽  
Current State ◽  
Definition Of ◽  
Damages And Losses

The concept of harm has been examined in the context of the current legislation, doctrine, judicial practice. The paper has determined characteristic cases of causing harm to the participants of relations regulated under civil law. It is concluded that the absence of a legal definition of the concept of harm has resulted in the confusion of the legal categories “causing harm” and “causing damages” as a condition for tort liability in public law and judicial practice. The author has given her own classification of types of harm and determined classification of property damage. The paper has clarified the content of the concept of non-property (reputational) harm caused to a legal entity. The paper has carried out a comparative study of the concepts harm, damages, and losses. It is causing harm rather than causing damages that gives rise to tort liability. The paper has examined the problems of application of rules on recovery of caused damages. The paper analyzes the subinstitution, namely, obligations arising as a result of harm caused by acts of public authority in the field of public administration and law enforcement. The author has determined the features of tort liability conditions for damage caused by state authorities, local selfgovernment bodies and their officials and peculiarities of their subject composition. Attention is drawn to the civil law nature of binding legal relations arising as a result of harm in the field of criminal proceedings. The author has determined the features of tort liability for damage caused by officials during criminal procedural activity, subject composition of a tort obligation. It is proposed to introduce a defining norm of the concept harm as a generic concept and norms on specific division of harm. It is proposed to make a number of changes and additions to the subinstitution of obligation due to damage by acts of public authority.

Justification of the cost representation services as one of the criteria of reasonableness (excessive) in reimbursement of expenses in civil and arbitration proceedings (problem statement)

2020 ◽  
pp. 383-389
Author(s):  
Valentin Nazarov ◽  
Ilya Volkov
Keyword(s):  
Legal Regulation ◽  
Legal Services ◽  
Narrow Sense ◽  
Problem Statement ◽  
Civil Proceedings ◽  
Legal Nature ◽  
The Russian Federation ◽  
The Government ◽  
Definition Of ◽  
The Cost

We present a justified position that the definition of reasonableness (excess) in reimbursement of expenses is included in a wider range of problems associated with reasonableness in civil proceedings – problems of a doctrinal nature. We substantiate the argument that the legal nature of the “reasonable limits” for collecting expenses (especially, the justification for the representation services cost) does not have the effect of “pre-reflection” due to a number of objective reasons. We pay special attention to the neces-sity for legal mediation of the problem sector (and, in general, interested par-ticipation from the state, for example, when the Government of the Russian Federation is included in this process), concerning the justification of the cost of legal services for reimbursement of expenses in civil and arbitration pro-ceedings. We list materials of court practice on reimbursement of expenses for payment of the representative's services, confirming the polarity of posi-tions. We reflect other criteria that affect the justification of legal services cost in the context of the problem under consideration. We attempt to answer the question: what are the limits of such legal mediation of the problem sector: is there no risk of legalization in the narrow sense of this concept (excessive legal regulation)?

Theoretical problems of the legal nature of the loan agreement and its correlation with the loan agreement

2021 ◽  
Vol 39 (6) ◽  
Author(s):  
Olga Tur ◽  
Marta Kravchyk ◽  
Ivanna Polonka ◽  
Oksana Levytska ◽  
Mariia Pshoniak
Keyword(s):  
European Integration ◽  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Judicial Practice ◽  
Legal Nature ◽  
Comprehensive Study

A money loan agreement is an independent type of civil law contract. It is described by one-sided obligations of the parties, reality, dispositive payment, and dispositive urgency. The paper provides a comprehensive study of the loan agreement, in particular the money loan agreement, solving theoretical and practical problems of legal regulation of the institution of loan obligations. The analysis of judicial practice and civil law legislation of Ukraine regulating the institution of credit is carried out. The genesis of the concept and features of the development of loan relations and the money loan agreement, its correlation with the loan agreement, are clarified. Based on the conducted research, theoretical conclusions are formulated and proposals are developed to improve the legal regulation of relations arising based on a loan agreement. It was stated that since the adoption of the European integration course by Ukraine, relations are increasingly developing, based on which loan agreements and credit agreements in particular are concluded. To overcome differences in their application, it is necessary to provide the loan agreement with the Civil Code of Ukraine with positive legal regulation so as not to apply the reference rules that relate to the loan agreement.

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