scholarly journals SOME TRENDS IN DEVELOPMENT OF THE RUSSIAN CIVIL LAW PROCESS: IMPACT OF THE DOCTRINE AND FOREIGN PRACTICES

2015 ◽  
Vol 1 (5) ◽  
pp. 0-0
Author(s):  
Сергей Синицын ◽  
Sergey Sinitsyn
Keyword(s):  
Law Enforcement ◽  
Large Scale ◽  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Legal Regulations ◽  
Dynamic Development ◽  
The Law ◽  
Market Relations ◽  
Law Making

Codification of civil legislation is not a one-time random phenomenon in law; it is preceded by a long and meticulous work which in modern Russia pursues the aims of creating legislation sources’ system levels that ensure stable, large-scale and comprehensive legal regulation of market relations required by the turnover. Work on modernization and renewal of the Civil Code forms an integral part of codification, it shows dynamic development of the system of civil legislation. Objectives of the civil legislation codification in ХХ—ХХI involve elimination of contradictions in legislation, regulatory consolidation of new law doctrines, well-established in law enforcement practice, their structuring in the sources of civil legislation system, rationalization of legal regulations. Status of legislation and its evaluation predetermine the tendencies of its development in future, allow forecasting, designating possible risks and priorities of the law-making process.

scholarly journals The positive legal uncertainty as a technical and legal method of exposition of law

2021 ◽  
Vol 21 (4) ◽  
pp. 437-444
Author(s):  
Ekaterina Yu. Arkhipova ◽  
Keyword(s):  
Social Relations ◽  
Self Regulation ◽  
Historical Analysis ◽  
Legal Regulation ◽  
Russian Society ◽  
Legal Method ◽  
Legal Uncertainty ◽  
The Law ◽  
Market Relations ◽  
Law Making

Introduction. In modern Russian society with high rates of development of market relations, digitalization of the main spheres of life, popularization of the ideas of self-organization and self-regulation, legal uncertainty acts as a bipolar phenomenon, which is not only a consequence of law-making errors, but an effective technical and legal way of presenting regulations. Theoretical analysis. The historical analysis of the formation and development of ideas of certainty and uncertainty in jurisprudence showed that these categories are considered as universal phenomena characteristic of any matter. It was established that absolute certainty is unattainable and not always in demand, while legal uncertainty is inherent in the very nature of law. Еmpirical analysis. It was revealed that the need to ensure mobility and flexibility of legal regulation imposes the task of a reasonable use of legal uncertainty as a technical and legal way of presenting law on the law-making subject, which is reflected in the current legislation. Results. Legal uncertainty is an objective and inevitable phenomenon, and the total regulation of social relations is not always justified. The law is being improved on the basis of the principle of transition from the casuistic to the abstract, which proves its universality.

scholarly journals An Alternative View of the Legal Regulation of Civil Law Relations in the Digital Economy

2021 ◽  
Vol 16 (8) ◽  
pp. 52-62
Author(s):  
L. G. Efimova
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Legal Regulation ◽  
Digital Economy ◽  
Civil Code ◽  
Alternative View ◽  
Electronic Document ◽  
Digital Rights ◽  
The Russian Federation ◽  
The Law

The paper substantiates the author’s proposal to amend the Civil Code of the Russian Federation, which is explained by the gradual creation of a digital economy in the Russian Federation. In particular, the author has examined and solved the following problems of the legal regulation of civil law relations in the context of digitalization: the problem of identifying the object of digital rights, the problem of legal qualification of the electronic form of the transaction, the problem of using a smart contract in civil transactions, the problem of using blockchain technology to create mixed payment systems. The paper proposes a non-standard solution to each of these problems—the author has prepared a draft federal law "On Amendments to Parts One and Two of the Civil Code of the Russian Federation in terms of legal relations arising in cyberspace." In particular, the author proposes to define digital rights as the absolute and relative rights to digital property named in this capacity, the content and conditions of implementation of which are determined by the law and the rules of the information system (protocol) that meets the characteristics established by the law. In the author’s opinion, an electronic document can exist in the form of a machine information file of any format or a computer program that meets the characteristics of an electronic document.

scholarly journals Animals as a subject of registered stocks

2020 ◽  
Vol 54 (2) ◽  
pp. 573-589
Author(s):  
Bojan Pajtić
Keyword(s):  
Animal Welfare ◽  
Legal Status ◽  
Legal Regulation ◽  
Domestic Animals ◽  
Civil Code ◽  
Maximum Amount ◽  
Practical Reasons ◽  
Legal Regulations ◽  
The Law ◽  
Preliminary Draft

The adoption of the law that has introduced non-possessory lien securing the movable property and rights (colloquially called Act on registered pledge), allowed the commitment of animals, through registration in the register of stocks in the Business Registers Agency. The topic has been chosen, both because of the practical reasons (more and more domestic animals are being registered as collaterals in the Register), and because there are no articles on this topic in our legal science. In the article the emphasis is placed on the regulation of the legal status of animals, especially in the Act on registered bets, the Law on Obligations and Preliminary Draft of Serbian Civil Code. Special attention was devoted to the Animal Welfare Act, because of the provisions of this legal regulation that follow a series of obligations for the sides in the contract of registered pledge, as well as certain restrictions with regard to the animal as an object of inventory. Although our legislature is obliged, in accordance with the obligation of harmonizing national legal regulations with EU regulations, to implement higher standards in the treatment of animals as beings who have feelings, it is only partially done in our law. Draft Civil Code retains an approach that had the Law of Obligations Act 1978, treating animals as classical chattel. Such an approach has been abandoned in all the most important civil codification. The paper presents the proposals relating to the improvement of the existing legislation in this area. Proposals for amending the Law on registered pledges are defined in relation to issues not resolved by this piece of legislation, such as the question of the legal status of unborn offspring. It points to the practices of the Agency for Business Registers that is not based on law, which involves entering the maximum amount of credit to pledge any security. Despite the Act did not define the registered pledge restrictions in the case of animal advocacy, the paper, by applying provisions of the Animal Welfare Act, indicates which species should be excluded from the circle of potential subjects of pledge security, but also indicates the species that have not been registered ever, without obvious practical reasons, or formal ban.

scholarly journals Commercial name in the draft of the Civil Code

2012 ◽  
Vol 60 (2) ◽  
pp. 271-278 ◽  
Author(s):  
Jarmila Pokorná ◽  
Eva Večerková
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Legal Regulations ◽  
Legal Form ◽  
Natural Person ◽  
Injured Person ◽  
Commercial Code ◽  
Draft Bill ◽  
General Regulation

Name of the firm is by the Commercial Code name of the entrepreneur registered in commercial register. The effective legal regulation distinguishs between the name of natural person (its first name and surname) and the name of company (its name and obligatory addition declaring its legal form). The name is not allowed to be deceptive and mistakable. It can be transfered only together with an enterprise. If the name is unwarrantedly interferented the injured person can require an unwarranted user to forbear his behaviour and to eliminate the defective state. He can also demand delivery of an unwarranted enrichment, adequate satisfaction and damages.Reform of civil law transposes the regulation of name of the firm to Civil Code, but maintains some principles of existing legal regulations: the name is a designation for entrepreneurs registered in commercial register, it is not allowed to be deceptive and mistakable. However the draft bill of the Civil Code brings change in some elements of the regulation: natural person does not need to use obligatory name and surname, right to use the name by its transition on a new user is regulated in more detail and more detailed is also the regulation of using the names of natural persons in names of companies.By way of contrast possibility of transfer of the name is not explicitly solved. It may be used the general regulation about transfer of the thing. Existing interpretative problems become this way deeper.

Legal Devices, Law Enforcement, Facilities and Infrastructure

2019 ◽  
Vol 2 (2) ◽  
Author(s):  
Mia Lasmi
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Civil Law ◽  
Legal Regulation ◽  
Civil Litigation ◽  
Main Task ◽  
Law Enforcement Agencies ◽  
Procedural Law ◽  
The Law ◽  
Law And Justice

Abstract The importance of law enforcement agencies or the judiciary that can help enforce the law to resolve the problems its faces. Therefore, the main task of the court is to maintain the law, both in the form of criminal law and civil law. In the case of civil procedural law, it is a legal regulation that regulates how a person processes civil litigation in front of a court session and how the court processes in accepting, examining, adjudicating and deciding cases and how the process of implementation is in order to maintain the existence of material civil law. Generally, in the enforcement of law and justice, there are several elements, namely: elements of law enforcement, elements of justice seekers, elements of legal instruments (legal / regulatory material), and elements of infrastructure all of which become an integrated unit. The four elements have the same opportunity to be a support and obstacle in the implementation of law enforcement and justice in the field of Shari'ah economy

scholarly journals A CHOICE OF LEGAL ACT DURING LAW-MAKING PROCESS

2019 ◽  
Vol 7 (4) ◽  
pp. 1319-1324
Author(s):  
Mikhail B. Rumyantsev ◽  
Vladislav Yu. Turanin ◽  
Arsen V. Akopyan ◽  
Dina V. Alontseva ◽  
Olga V. Batova
Keyword(s):  
Law Enforcement ◽  
Self Regulation ◽  
Legal Regulation ◽  
Assessment Method ◽  
Education Students ◽  
The Public ◽  
The Law ◽  
Relationship Assessment ◽  
Political Economic ◽  
Law Making

Purpose: There is a problem of legal act choice during the law-making process considered in the paper. A method for step-by-step choice algorithm is advanced. The algorithm is associated with public relationship assessment. The public relationships to be regulated must have a certain social value. Methodology: The method for step-by-step choice is developed based on the public relationship assessment method extracted from law books. Despite existing in law books the criteria for public regulation needs, the method for act choice itself was not elaborated. The new methodological tools to create driving law-making researches are introduced. Result: The law-making solutions must appear from objective public relationships needs to change which are stem from the political, economic and social conditions considered. Law-making solution projects should be legally examined as well as drawn up through public discussion which can help to find optimal alternative of the solution. The problem of interrelation between harmonization and uniformization on different legal regulation levels is also marked. Self-Regulation in private law branch is represented to be maximally developed because the higher self-regulation the fewer laws, orders, regulations, and instructions to be adopted. All legal act choices should promote self-regulation as much as possible. This could reduce law-enforcement authorities’ load. Legal act choice is a weak scientific field in which much is to be done. Applications: This research can be used for the universities, teachers and education students. Novelty/Originality: In this research, the model choice of the legal act during law-making PROCESS is presented in a comprehensive and complete manner.

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.

scholarly journals Granice cywilnoprawnego obowiązku zapobiegania szkodom grożącym wskutek ruchu zakładu górniczego — studium przypadku

2021 ◽  
pp. 1-17
Author(s):  
Ryszard Mikosz
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Critical Assessment ◽  
Plant Operations ◽  
Mining Law ◽  
The Subject ◽  
The Law ◽  
Theoretical Considerations ◽  
Mining Plant

The subject of the considerations contained in the article is the analysis of selected issues related to the legal regulation regarding the civil law obligation to prevent damage that may result from mining plant operations. It is about the regulations contained in the Act of June 9, 2011, Geological and Mining Law, and to a certain extent also in the Act of April 23, 1964, the Civil Code. This analysis includes not only theoretical considerations, but also refers to the practice of applying the law. It contains a discussion and a critical assessment of the Supreme Court’s judgment of February 20, 2018.

scholarly journals CIVIL AND TAX LAW: VICE VERSA

2020 ◽  
Vol 4 (1) ◽  
pp. 65-74
Author(s):  
Marina V. Sentsova (Karaseva)
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Social Relations ◽  
Civil Law ◽  
Tax Law ◽  
Tax Legislation ◽  
The Russian Federation ◽  
The Law ◽  
The Impact ◽  
Law Making

The subject of the research is the correlation of civil and tax law institutions in the scope of legal nature of such social relations. The purpose of the article is to confirm or refute the hypothesis that when qualifying civil legal relations with tax elements, the law enforcement officer should proceed from the priority of analysis of tax legislation over civil legislation. Methodology. Methods of analysis and synthesis are used. The scientific analysis focuses on decisions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, and courts of general jurisdiction. The main results and scope of their application. The influence of civil law on tax law is carried out at the level of law-making and law enforcement. We study the law enforcement paradigms that are relevant for law enforcement activities. The current tasks of tax law-making are emphasized. Establishing the influence of tax law institutions on civil law allows us to improve some civil law institutions, create a comprehensive theory of the relationship of these legal phenomena, see trends in their development and, of course, outline ways to develop tax legislation in the aspect of tax law autonomy. The legislator should strive for maximum unification of legal terminology in tax and civil legislation so that subjects of legal relations feel legally comfortable and easily construct civil transactions based on the predicted tax consequences. Subjects of civil legal relations, before entering into certain civil transactions, should already plan their tax consequences in advance focusing not only on civil legislation, but also on tax legislation, in particular, on the classification of transactions as investment or non-investment. Conclusions. The impact of tax law on civil law is multidimensional. At least, we can talk about the impact on the levels of law-making, law enforcement, and the use of civil law institutions. When qualifying civil legal relations with tax elements, the analysis of tax legislation in comparison with civil legislation has priority.

scholarly journals IMPLEMENTATION OF LEGAL RESPONSIBILITY I N THE LAW ENFORCEMENT BLOCK OF THE MECHANISM OF LEGAL REGULATION

2020 ◽  
pp. 101-114
Author(s):  
И.А. Кузьмин
Keyword(s):  
Theoretical Model ◽  
Law Enforcement ◽  
Legal Liability ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Legal Remedies ◽  
The Law ◽  
Problematic Situations

В статье приводятся промежуточные результаты исследования вопросов реализации юридической ответственности. Сформулированы подходы к пониманию механизма правового регулирования и его содержания. Установлены закономерности взаимодействий между правовыми средствами в процессе реализации юридической ответственности. Предложена общетеоретическая модель реализации юридической ответственности в правоохранительном блоке механизма правового регулирования. Проанализированы проблемные ситуации, при которых нарушаются принципы юридической ответственности и разрушаются системные связи между правовыми средствами. Annotation: The article presents the interim results of research on the realization of legal liability. Approaches to understanding the mechanism of legal regulation and its content are formulated. The patterns of interactions between legal remedies in the process of realization legal liability have been established. A general theoretical model of the realization of legal liability in the law enforcement block of the mechanism of legal regulation is proposed. The author analyzed problematic situations in which the principles of legal liability are violated, and the cases in which the systemic connections between legal remedies are destroyed.

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