Problems of the Status of Private Educational Institutions in the Light of the Reform of the Legislation on Proprietary Rights

2016 ◽  
Vol 4 (7) ◽  
pp. 0-0
Author(s):  
Наталия Козлова ◽  
Nataliya Kozlova
Keyword(s):  
Civil Law ◽  
Educational Institutions ◽  
Private Institutions ◽  
Law And Order ◽  
Russian Science ◽  
Operational Management ◽  
The Status ◽  
Scope Of Application ◽  
The Right ◽  
Legal Entities

In the light of the reform of the legislation on proprietary rights and improvement of the provisions on legal entities, a question arises on the necessity to preserve, in the Russian law and order, the structure of private institutions based on the right of operational management. The problem is becoming relevant because this form is widely used for the creation of private educational institutions (schools, higher educational institutions, etc.), and any reforms in this area will affect the customers, the contractors and the consumers of the educational services. The article considers the notion, the significance and the place occupied by private institutions within the system of legal entities according to the Russian civil law, both from the viewpoint of trends of development of civil law and the legal stance of judicial authorities and from the viewpoint of traditions of the Russian science of private law. The author pays special attention to the analysis of the legal nature, structure and scope of application of the right of operational management in proprietary relations. The author substantiates that during the reforming of the legislation on proprietary rights, only governmental (municipal) enterprises and institutions should remain the subjects of the right of operational management. The author analyzes the topical issues of legal bonds between founders in case of a creation of a private institution by several persons, as well as the topical issues of legal bonds between the institution and its founders.

Scientific journals of Russia and the activities of international would-be scientific network structures

2021 ◽  
pp. 533-542
Author(s):  
Yuriy Mikhailovich Reznik
Keyword(s):  
Higher Education ◽  
Educational Institutions ◽  
Network Structures ◽  
Russian Science ◽  
News Magazines ◽  
Publishing Policy ◽  
The Subject ◽  
The Russian Federation ◽  
The Right ◽  
Academy Of Sciences

The paper deals with the problem of network dependence of Russian news magazines and the actual dictates of international network structures (Scopus, WOS, etc.) that set their own requirements for their content and quality. The latter influence not only the scientific rating of journals, but also the publishing policy of their publications. The situation is further complicated by the fact that the rules of the game imposed by them have been adopted by the country's state authorities and, first of all, by the Ministry of science and higher education of the Russian Federation, which has tightened the requirements for reports of scientific and educational institutions, as well as researchers and teachers, including mandatory publications in Scopus and other international databases. Despite the efforts made by the Presidium of the Russian Academy of Sciences and the leadership of higher education institutions, Russian science was dependent on these structures, which began to determine the directions and priorities of its development, including selecting the subject and language of journal publications. The scientific community of Russia is faced with the task of protecting the interests of journal editors and protecting the right of authors to Express their own scientific position and the ability to present publications in their native language.

Humanitarian journals of Russia in the grip of international network structures

2020 ◽  
pp. 82-91
Author(s):  
Yu.M. Reznik
Keyword(s):  
Higher Education ◽  
Educational Institutions ◽  
Network Structures ◽  
Russian Science ◽  
International Network ◽  
News Magazines ◽  
Russian State ◽  
Publishing Policy ◽  
The Right ◽  
Academy Of Sciences

The paper deals with the problem of network dependence of Russian news magazines and the actual dictates of international network structures (Scopus, WOS, etc.) that set their own requirements for their content and quality. The latter influence not only the scientific rating of journals, but also the publishing policy of their publications. The situation is further complicated by the fact that the rules of the game imposed by them have been adopted by the country's state authorities and, first of all, by the Ministry of science and higher education of the Russian Federation, which has tightened the requirements for reports of scientific and educational institutions, as well as researchers and teachers, including mandatory publications in Scopus and other international databases. Despite the efforts made by the Presidium of the Russian Academy of Sciences and the leadership of higher education institutions, Russian science was dependent on these structures, which began to determine the directions and priorities of its development, including selecting the subject and language of journal publications. All this is a direct violation of the constitutional norms of the Russian state and the right to freedom of scientific creativity of scientists. The scientific community of Russia is faced with the task of protecting the interests of journal editors and protecting the right of authors to Express their own scientific position and the ability to present publications in their native language.

scholarly journals MODERN LEGISLATION REGULATING STATUS OF LEGAL ENTITY

THE BULLETIN ◽  
2021 ◽  
Vol 2 (390) ◽  
pp. 250-255
Author(s):  
K. S. Zhylkichieva ◽  
A. A. Kalybaeva ◽  
G. Zh. Koshokova
Keyword(s):  
Civil Law ◽  
Criminal Code ◽  
Civil Code ◽  
Kyrgyz Republic ◽  
Legal Entity ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Law ◽  
General Regulation ◽  
Legal Entities

The article analyzes using the normative and systematic methods, as well as analysis and synthesis, the content of the statements of Constitution of the Kyrgyz Republic, Civil Code of the Kyrgyz Republic, Criminal Code of the Kyrgyz Republic, the Law of the Kyrgyz Republic «About Normative Legal Acts of the Kyrgyz Republic», the Law of the Kyrgyz Republic «On the Regulations of the Jogorku Kenesh of the Kyrgyz Republic» and the works of the legal scholars. It examined the provisions of laws adopted for general regulation and concludes they are serious problems, because of them there is a "blurring" of the contour of the legislation on legal entities in the article. The publication supports the opinion of the authors of the Concept for Development, according to which the regulation of the status of legal entities in the civil legal field can be characterized by a set of the laws and regula-tions in force in the Kyrgyz Republic, which do not always correspond to each other, as well as to the Civil Code. The low legal and technical level and ineffectiveness in practice are also shown by some adopted laws. It noted the Civil Code of the Kyrgyz Republic, adopted on May 8, 1996, created the new foundation for the regulation of legal entities, which was supplemented by many new laws over the next decades in the article. The authors come to the conclusion the fairly honest assessment can be applied to the established regulation – that with the main vector of development of the Concept of Civil Legislation in Kyrgyzstan, in general, there is an economic, social and well-grounded the logic and generally justifiable modern civil law in relation to legal entities. But at the same time, for many problems, correct solutions have not yet been found and no efficiency ratings have been given.

scholarly journals SALE OF LAND AS A FUTURE THING

2020 ◽  
pp. 20-25
Author(s):  
O.A. Rozhkova ◽  
S.V. Voronina
Keyword(s):  
Civil Law ◽  
Land Plot ◽  
Judicial Practice ◽  
The Future ◽  
The Status ◽  
The Subject ◽  
The Right

The contract of sale of the future thing in which the land is the product deserves special attention. Atthe moment, it has developed a uniform judicial practice regarding the individualization of an unformedland plot as the subject of a contract of sale of a future immovable. In cases where, in accordance with thelaw, a land plot acquires the qualities of a divisible thing, the object of civil turnover can be not only thecorresponding land plot as a whole, but also its part, which in this case acquires the status of an independentland plot for the formation of a land plot. It seems that only after establishing (changing) the location of theboundaries of the land, i. e. formation of a land plot, it may be an object of land and civil law relations, maybe an object of ownership and other rights to land. The current legislation does not contain a ban on thepurchase and sale of a land plot, the right of ownership for which at the time of conclusion of the contractof sale was not registered in the established manner, however, the individualization of a land plot by landsurveying and cadastral registration is a prerequisite for the land the plot became the subject of a contractof sale of a future immovable.

scholarly journals LEGAL REGIME FOR THE RESULTS OF INTELLECTUAL ACTIVITIES WITHIN BUDGETARY INSTITUTIONS IN SCIENCE AND EDUCATION

2019 ◽  
pp. 144-151
Author(s):  
V. A. SAVINYKH
Keyword(s):  
General Rule ◽  
Necessary Condition ◽  
Legal Regime ◽  
Intellectual Activity ◽  
Operational Management ◽  
The Status ◽  
Science And Education ◽  
The Law ◽  
The Right ◽  
Intellectual Activities

Is a budget institution in the field of science and education independently entitled without the consent of the founder to dispose of the exclusive rights to the results of intellectual activity belonging to it? The status of the institution as a «holder» of the founder’s property makes one think about the need to apply, by analogy of the law, the provisions governing the right of operational management to relations regarding the disposal of the institution with its exclusive rights. Given the fact that the prerequisites for introducing the consent of the founder as a necessary condition for disposing of the valuable property the institution are equally applicable both to objects of real rights and exclusive rights to the results of intellectual activity. However, the author justifies the inadmissibility of the application by analogy of the law of the provisions of the Civil Code of the Russian Federation limiting the powers of the budget institution to dispose of the property assigned to it on the right of operational management, indicating that there is no regulation gap that would require replenishment. In this regard, the author comes to the conclusion that, as a general rule, a budget institution has the right to independently manage its exclusive rights to the results of intellectual activity without the founder’s consent.

scholarly journals Vindication of Real Estate: The Stage of Building a General Vindication Model for the Protection of Violated Absolute Rights

2021 ◽  
Vol 17 (3) ◽  
pp. 47-53
Author(s):  
D. V. Murzin
Keyword(s):  
Real Estate ◽  
Russian Science ◽  
Legal Structure ◽  
State Register ◽  
German Model ◽  
The Right ◽  
High Level ◽  
Legal Entities

The article considers the legal structure of vindication of real estate developed in Russian science and practice. Protection of the rights of the owner of real estate who has lost possession and is not registered in the Unified State Register of Real Estate (EGRN) is carried out by filing two lawsuits in court: for recognition of the right of ownership and vindication. Due to the peculiarities of the statute of limitations, in Russian practice, the priority of actual ownership of real estate over the records of ownership in the Unified State Register of Legal Entities is established. The need to combine the two claims is caused by their possible competition in connection with the application to each claim of its own rules on the validity of the statute of limitations. The refusal to extend the limitation period to the vindication claim for the return of ownership should lead to the establishment of only one claim within the framework of the method of protecting the violated rights of the owner to real estate – vindication. An independent claim for recognition of the right in this situation seems redundant. Its necessity is caused by an attempt to apply the German model of protection of the violated rights of the owner of real estate, where the impossibility of vindication is due to the high level of public reliability of entries in the register. In modern Russia, the position of complete denial of vindication of real estate is not supported by the consistent implementation of the principle of irrevocability of rights registered in state registers. At the same time, the construction of a claim for the protection of the rights of the owner of real estate allows us to take the first step towards the development of a vindication model for the protection of any absolute right, the elements of which are the requirement to recognize the right and the requirement to restore the legitimation of the right holder.

scholarly journals Registration Procedures In The Mechanism Of Water Bodies Transfer For Use Under Lease

2020 ◽  
pp. 89-100
Author(s):  
L.R. Miskevych
Keyword(s):  
Civil Rights ◽  
Natural Resources ◽  
Water Body ◽  
Civil Law ◽  
Scientific Article ◽  
Land Plot ◽  
The Status ◽  
The Law ◽  
State Registration ◽  
The Right

The scientific article is devoted to the study of problematic issues of acquiring the right to use water facilities under lease. It is noted that in the field of land, water, environmental relations, the water body and the land under it are separate objects, but in the field of property relations, which are governed by civil law, such objects are one whole both in the spectrum of regulation of property rights and contractual relations. However, the different sectoral affiliation of the water body and the corresponding land plot of the water fund inevitably affect the content of civil legal relations, supplementing the civil rights and obligations of the subjects of these legal relations with statutory requirements for the use of these natural resources. The significance of registration actions for the water body and the land plot of the water fund, which is transferred for use in the complex with the water body, is analyzed. The commission of such actions is aimed at establishing their identifying criteria and state recognition of these natural resources as objects of water and land relations, respectively. However, in the property turnover the public value is not the land plot of the water fund or the water object taken separately, but their tandem, which is perceived as an object of civil legal relations and, accordingly, the subject of the lease agreement. Given that the interests of the tenant are satisfied by the use of water space, the law states that the use of the contract provides a water body in a complex with a plot of land. However, such a legislative approach made it difficult to decide when the tenant acquired the right to use, as the law does not define a water body as property in respect of which the state registration of rights is carried out. Based on the analysis of the normatively established identifying criteria of a water body, it is concluded that the water body can be considered in the status of real estate in view of its legislative definition. Thus, when determining the moment of acquisition of the right to use water facilities under lease, it will be justified to apply the provisions of civil law. The novelty of the legislation is the priority of the land plot in the complex with which the water body is transferred and the automatic extension of the right to lease the land plot under the water body to such water body.

Public Property Management in Russian Federation: Basic Principles (Part 1)

2021 ◽  
pp. 128-147
Author(s):  
S. I. Shulzhenko
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
System Reform ◽  
Property Management ◽  
Basic Principles ◽  
Public Property ◽  
Operational Management ◽  
The Right ◽  
Budget Execution ◽  
Legal Entities

The paper deals with problems of legal status of state (municipal) bodies and government (municipal) agencies as legal entities in the context of modern Russian treasury budget execution system and underlines the absence of the necessity for their legal entity. Within the framework of budget system reform, the paper regards the right of operational management and the right of permanent perpetual use for the state (municipal) bodies and government (municipal) agencies as anachronism, inherited from the Soviet law, and unnecessary. At the same time the author insists on merging into one institution the right of operational management and the right of permanent perpetual use for budget organizations and autonomous institutions as legal entities and proposes changes to the current legislation.

scholarly journals Pendidikan Islam Rahmat li al-‘Alamin dan Implikasinya terhadap Karakter (Studi Pesantren Metal Mulim al-Hidayah Pasuruan)

2021 ◽  
Vol 9 (1) ◽  
pp. 19
Author(s):  
Aditia Muhammad Noor
Keyword(s):  
Homeless People ◽  
Boarding School ◽  
Islamic Education ◽  
Educational Institutions ◽  
The Status ◽  
The Right ◽  
Meaningful Role ◽  
Social Backgrounds

The “Metal” Islamic boarding school was established with a very humanistic purpose. While some educational institutions only accommodate students excelers, superior, smart and have character. The “Metal” person boarding school is present as a place that accommodates students with various social backgrounds, ranging from druging addicts, homeless people, free sex victims, until toddlers who deliberately abandoned their parents. Seeing the arrogance and inequality of education while this time, making the “Metal” person boarding school take a very meaningful role for them to be formed into people who have character. Because education is the right of all humans without having to look at the status of his past. Rahmatan li al-'alamin Islamic education in the “Metal” person boarding school have an impact on the character of students who are able to make them as perfect people.

scholarly journals Institutionalizing transformations of the Greco-Uniate Church in the context of the ethnoconfessional policy of Russian autocracy (1772-1795).

2013 ◽  
pp. 171-180
Author(s):  
Ruslana Sheretyuk
Keyword(s):  
Land Tenure ◽  
Institutional Design ◽  
Multicomponent System ◽  
Educational Institutions ◽  
Centralized Management ◽  
The Status ◽  
The Hierarchical Structure ◽  
Long Time ◽  
Autochthonous Population ◽  
The Right

The status of the Greek Uniate Church on the eve of the division of the Commonwealth was characterized by the institutional design and ordering of the internal church mechanism, centralized management and the integrity of the hierarchical structure, the presence of a multimillion parochial flock and a powerful network of monastic cells, the acquisition of significant economic potential, in particular, the church monastic land tenure, for the conclusion that the entire church body is quite stable. Created by the efforts of the intellectual core of the Greco-Uniate Church - the Order of St. Basil the Great - a multicomponent system of educational institutions (novitiates, seminaries, colleges, parish schools), as well as publishing centers have made a significant contribution to the cultivation of national culture. Thus, for a long time, this Church not only played the role of a kind of ethnoconservant of the culture of the autochthonous population of the Right-Bank Ukraine, retained the dominant elements of its ethnic attributes, but also joined and united its elite with the European spiritual and cultural space.

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