The French Roots of Russian Law: Historical Analysis

2016 ◽  
Vol 4 (6) ◽  
pp. 0-0
Author(s):  
Мария Захарова ◽  
Mariya Zakharova
Keyword(s):  
Legal System ◽  
Historical Analysis ◽  
Public Law ◽  
French Law ◽  
Long Period ◽  
French Experience ◽  
Close Relationship ◽  
Private And Public ◽  
Russian Law ◽  
The Law

In the article, the author carries out a historical analysis of the French law influence on the development of the Russian legal system. In this article, the author refers to the assessment of such influence at the level of the “spirit” and the “letter” of the law. In particular, “the spirit” of the French law penetrated into the Russian terrain due to close relationship maintained between France and Russia for a long period. One can observe direct dispersive influence of the French law on the evolution of the domestic system of justice at the level of the “letter” of the law in the process of drafting and implementation of the private and public law reforms. Summing up the results of the conducted research, the author, in general, positively evaluates the results of the open model of development of the Russian legal system, involving the use of foreign (particularly French) experience in the reconstruction of the national legal order, and concludes that in the context of the reforms, the Russian legislator should not maintain aloofness to global legal trends, but be part of the whole, without ceasing to be individual.

Enforcement

2021 ◽  
pp. 237-258
Author(s):  
Eva Micheler
Keyword(s):  
Public Law ◽  
Third Parties ◽  
Normal Process ◽  
Minority Shareholders ◽  
Public Enforcement ◽  
Private And Public ◽  
The Law

This chapter studies the rules governing the enforcement of the duties imposed on directors, distinguishing between private and public enforcement. Directors owe their duties to the company and so the company is responsible for enforcing these duties. The law prefers such litigation decisions to be taken by the company through its normal process. The courts only interfere if that process cannot be made to work independently of the wrong-doers. It is unlikely for a derivative claim to succeed against the wishes of an independent majority and so it is right to observe that the shareholders are the main focus of the law. But here too the law is more nuanced and integrates the interests of minority shareholders and creditors. The duties of the directors are also enforced through the means of public law. The chapter then shows that public law sanctions particularly attach in relation to duties that enhance the interest of third parties interacting with the company. This leads to the conclusion that these interests are at least formally better protected than those of the shareholders.

scholarly journals The Development of the Russian Legal System after the “Accession” of the Republic of Crimea to the Russian Federation

2017 ◽  
Vol 7 ◽  
pp. 175-197
Author(s):  
Natalia Cwicinskaja
Keyword(s):  
Russian Federation ◽  
Legal System ◽  
Transition Period ◽  
Legal Regulations ◽  
Federal Subject ◽  
The Russian Federation ◽  
Russian Law ◽  
The Law ◽  
The Republic

On March 18 2014, the Republic of Crimea became a federal subject of the Russian Federation and the Ukrainian legal system was changed to the Russian system. The transition period was set to end on January 1 2015. This transition period was characterized by the fact that the law was created on a day-to-day basis, and as the residents of Crimea were unfamiliar with Russian law they found themselves in a legal vacuum. Laws were adopted in an urgent manner to ensure that the unification was as smooth as possible. In practice it became apparent that the allocated time was not sufficient, and the transition period was extended in some areas. The Article presents a review of the accession procedure and the legal regulations established in the Republic of Crimea during the transition period, and identifies some issues which have arisen.

scholarly journals Dualism of Public Relations Regulation (Legal and Regulatory Regulation)

2021 ◽  
pp. 7-16
Author(s):  
V. F. Popondopoulo ◽  
Keyword(s):  
Public Relations ◽  
Power Relations ◽  
Self Regulation ◽  
Public Law ◽  
Regulatory Regime ◽  
Private And Public ◽  
The Law ◽  
Legal Forms ◽  
The Right

The article examines the issues of differentiation of the regulation of public relations, defined primarily by the differentiation of public relations, and then inherent in their legal forms (based on self-regulation) and external regulatory forms (based on power regulations). The need to renounce the traditional differentiation of the right to industry, including its division into so-called private and public law, is justified because it reflects external forms of expression of law, i.e. differentiation of legislation governing a variety of public relations, divided into private and public relations. The notion of dualism (pluralism) of the law must be replaced (or at least interpreted) with the notion of dualism of the regulation of public relations, meaning legal and regulatory regulation, with all the ensuing consequences. Such an approach implies the need to clarify the entire terminology range of jurisprudence. This article discusses issues such as the legal and regulatory regime (mechanism) of public relations regulation, legal and regulatory principles for regulating public relations, legal and regulatory legal facts, as circumstances that are the basis for the emergence, change and termination of legal relations and power relations.

scholarly journals THE JUSTIFICATION OF CONSTITUTIONAL PRINCIPLES

2021 ◽  
pp. 54-58
Author(s):  
A. Matat
Keyword(s):  
Structural Analysis ◽  
Legal System ◽  
Constitutional Law ◽  
Public Law ◽  
Legal Practice ◽  
Legal Doctrine ◽  
Legal Principles ◽  
Fundamental Part ◽  
Science Paper ◽  
The Law

This paper deals with the study of the justification of constitutional principles as a fundamental category of constitutional law. Legal principles are an important conception in the legal doctrine and the legal practice of democratic countries. Ukrainian legal doctrine studies legal principles in the two paradigms, namely fundamental principles and general principles. However, this approach does not result in the understanding of principles in constitutional law. That is why principles in constitutional law are an actual topic. The article aims to examine the fundamental concepts to find the justifications of constitutional principles. Hence, the author pays attention to the content of constitutional law and constitutionalism as principles-based categories. First, constitutional law is a fundamental part of the law in the legal system, and all the parts of the law are dependent on constitutional law. Second, the universal constitutional principles are the same for all legal systems. After all, constitutionalism doctrine consists of the limitation of power, and nowadays, this is expressed through the constitution and different constitution principles. The author uses comparative legal, phenomenological, and system-structural analysis as a valid methodology for this research. Finally, the research investigation contains the following conclusions that enable the author to prove the motivation of the science paper to study the outlined topic. First, constitutional law is the basis of the legal system, which embodies constitutional principles; constitutional law has the same effect on public law and private law. Second, constitutionalism is a source for finding constitutional principles. Third, the system of constitutional principles includes the following characteristics: universality and specificity. The system of constitutional principles is open and depends on the interpretation of constitutions. The paper aims to contribute to the growing research highlighting the current issues of constitutional principles. Keywords: principles, constitutional principles, constitutional law, constitutionalism, the system of constitutional principles.

scholarly journals METHODOLOGICAL APPROACHES TO THE PROBLEM OF THE INTERRELATION BETWEEN PRIVATE AND PUBLIC LAW IN SETTLEMENT RELATIONS

2021 ◽  
pp. 85-92
Author(s):  
L. Panova
Keyword(s):  
Social Justice ◽  
Financial Market ◽  
Legal System ◽  
Financial Services ◽  
Financial System ◽  
Public Law ◽  
Private Law ◽  
Theoretical Understanding ◽  
Legal Standards ◽  
Private And Public

The article is based on the existing law doctrine of division of law into private and public. The author analyses the influence of the doctrine on the relationships that arise in the financial services markets. The author takes into account the results of researches conducted by domestic and foreign scholars, which were carried out in the field of law and economics. The author uses general scientific and special methods as those that form the basis of the work. The research substantiates that objectively the doctrine dividing law into private and public does not exist. Doctrine is the product of a sociocultural interpretation of the researcher's thinking process. At the same time, the doctrine is naturally refers to the structure of the financial market. The author analyses the internal mechanism of circulation of cash flows and settlements in the global financial market. This analysis is the empirical basis for the research and subsequent theoretical understanding. The author proves that the concept of separation of rights into private and public law is not a universal concept that is inherent in all countries. The doctrine is fundamental only in the countries with Romano-Germanic legal system. The idea of dividing law into private and public was not reflected at the doctrine level in the countries with Anglo-Saxon legal system. The problem of the substitution of concepts was enrooted directly in the very doctrine of law, which existed in Soviet times. It was connected with the absence of the concept of "private law" in the Soviet legal thinking. The idea of social justice changes beyond recognition in the direction of public law. The author focuses on the issue of how to ensure the sustainable development of the financial system and its main institutions (structures) using the theoretical concept of dividing law into private and public. The author emphasizes the need to take into account the diversity of legal understanding of the financial market as a social phenomenon. The research methodology should be as appropriate as possible to the research object. The idea of social justice should act as a regulator of mutual relations between members of society. Practical activity in the financial markets in the modern world tends to converge. Public law assumes the fulfilment of a social function. Therefore, the author comes to the conclusion that law is a means of reaching a compromise between members of society, provided that individual freedom is preserved and there is no need to oppose private law to public law. The author proves that European political and legal standards are built on such postulates, particularly concerning the field of calculations. Keywords: financial system, financial services markets, settlement relations, the doctrine of separation of rights into private and public.

Astreinte in Belgian Law

1985 ◽  
Vol 13 (1-2) ◽  
pp. 17-27
Author(s):  
George E. Glos
Keyword(s):  
Legal System ◽  
Civil Procedure ◽  
Fundamental Concept ◽  
French Law ◽  
The Law

Astreinte proceedings, a well known feature of the French law of civil procedure, has been recently introduced into the Belgian legal system. The introduction was brought about by statutory means, the Law of January 31, 1980, that actually introduced into Belgian law the provisions of a Benelux convention on astreinte to apply uniformly in Belgium, Holland and Luxembourg. The provisions are based on those of the Dutch law rather than French law so that what is taken over from the French law relates mainly to the fundamental concept of astreinte and its name.

CONTINGENT FEES FOR ATTORNEYS AS A METHOD OF PROTECTING PRIVATE AND PUBLIC INTEREST IN CASES OF CHALLENGING NORMATIVE LEGAL ACTS AND ACTS WITH NORMATIVE PROPERTIES CONTAINING EXPLANATIONS OF THE LEGISLATION

2020 ◽  
Vol 10 (5) ◽  
pp. 212-230
Author(s):  
A.O. VIFLYANTSEV
Keyword(s):  
Game Theory ◽  
Legal System ◽  
Public Interest ◽  
Attorney General ◽  
Economic Analysis Of Law ◽  
Legal Nature ◽  
American Model ◽  
Private And Public ◽  
Russian Law ◽  
Contingent Fees

The present article is concerned with the analysis of the main problem in cases of contesting normative legal acts – the asymmetry between the opportunities of parties. As a consequence of that asymmetry, a rational citizen has no motivation to go to court and normative legal acts which contradict superior normative legal acts continue to exist in the system of actual law. The author adapts the American model of a “private attorney general” to Russian law. The aim of this model is to provide incentives for individuals to actively contest normative legal acts by means of covering judicial expenses with contingent fees. Incentives created by this law model are reviewed with the help of legislation analysis, economic analysis of law and game theory methodology. The author also considers the existing approaches to defining the legal nature of the term “contingent fees” in modern legislation. Based on that, possible ways of improving the legal system by the means of creating a legislative base for contingent fees are suggested.

scholarly journals Orthodox Church Law in the Legal System of Russia: Historical and Legal Aspect

2021 ◽  
Vol 2021 (4) ◽  
pp. 358-364
Author(s):  
Ivan Pavlyuk
Keyword(s):  
Legal System ◽  
Legal Aspect ◽  
Historical Analysis ◽  
Public Law ◽  
Orthodox Church ◽  
The Core ◽  
Legal Structure ◽  
Church Law ◽  
The Relationship ◽  
The Church

The relationship between the church and the secular law is one of the most complicated matters of law theory. The present research featured the law of the Russian Church and its structure with its internal and external church law. The article introduces the opinions of pre-revolutionary and contemporary authors, as well as a historical analysis of the main normative acts of the Russian Church that regulate its internal structure. The church law was defined as a special legal system, similar to public law. Historically speaking, the core of the Russian church law remained unaffected by the genesis of the state and legal structure, the changes in the system of church authorities, and the development of state-confessional relations. The central core of the church law still maintains the form of the rules of the apostles, the Ecumenical and Local Councils, and Holy Fathers.

scholarly journals Uznawanie, niedostrzeganie, ignorowanie. O postawach prawodawcy wobec faktycznej bliskości

2021 ◽  
pp. 112-126
Author(s):  
Marlena Drapalska-Grochowicz
Keyword(s):  
Legal System ◽  
Close Relationships ◽  
Social Acceptance ◽  
Main Subject ◽  
Public Recognition ◽  
Close Relationship ◽  
The Law ◽  
Status Recognition

The text considers why certain types of close relationships are “invisible” in the legal system. Visibility can mean public recognition, status recognition, social acceptance. What is “visible to the law” is the closeness that the law recognizes, accepts, supports, and with which it links certain obligations and rights, e.g. marriage. However, the main subject of this study will be those close relationships that are invisible in the legal system (obscurus). Two people, remaining in an actually close relationship, may not be recognized as such in the legal system. The purpose of this paper is to understand why these kinds of differences arise between law and life, and, more specifically, what the “invisibility” of individual close relationships in the legal system results from. In my reflection, I will use references to the film Call Me by Your Name.

scholarly journals Art. 24 da LINDB - Irretroatividade de nova orientação geral para anular deliberações administrativas

2018 ◽  
pp. 113
Author(s):  
Jacintho Arruda Câmara
Keyword(s):  
Legal System ◽  
Public Law ◽  
Academic Literature ◽  
Academic Production ◽  
General Orientation ◽  
The Law

<p>Article 24 of LINDB - Non-retroactivity of new general orientation to cancel administrative decisions</p><p> </p><p>O artigo pretende explorar o sentido e a aplicabilidade do art. 24 da Lei de Introdução às Normas do Direito Brasileiro – LINDB, que fixa a regra segundo a qual deliberações administrativas não podem ser anuladas com fundamento em mudança na orientação geral adotada sobre o Direito vigente. O estudo expõe antecedentes dessa diretriz de aplicação do direito público na produção acadêmica brasileira, encontrados em dispositivos esparsos do nosso ordenamento jurídico, na literatura acadêmica e na jurisprudência.</p><p> </p><p>The article intends to explore the meaning and applicability of art. 24 of the Introductory Law to Brazilian Rules (LINDB), which establishes the rule according to which administrative deliberations cannot be annulled based on a change in the general orientation adopted on the Law in force. The study exposes antecedents of this guideline of public law application in the Brazilian academic production, found in sparse devices of our legal system, academic literature and jurisprudence.</p>

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