scholarly journals Concretization and Interpretation of Law as the Creative Content of Judicial Practice

2016 ◽  
Vol 4 (8) ◽  
pp. 0-0
Author(s):  
Николай Власенко ◽  
Nikolay Vlasyenko ◽  
Максим Залоило ◽  
Maksim Zaloilo
Keyword(s):  
Rule Of Law ◽  
General Character ◽  
Independent Source ◽  
Judicial Practice ◽  
Stage Of Development ◽  
Legal Nature ◽  
The Subject ◽  
Three Stages ◽  
The Impact ◽  
Law Making

The article explains the idea of interpretation and concretization of law as the creative content of judicial practice. It contains a review of the main positions of national legal science on the content, forms and significance of judicial practice. The author deals with the issues relating to possibilities of recognition of the court practice as an independent source of law. The legal nature of the judicial act contains the assessment of the subject of it’s regulatory novelty. Subject to analysis is the impact of judicial practice on law-making in modern conditions in the form of drafting in the process of interpretation and concretization of law an abstract rules, which may obtain further its legislative development in the rules of law. The idea of the creative content of judicial practice is based on the legal uncertainty which determines the creative nature of interpretation and concretization of law by judicial organs and the regulatory character of the results of interpretation and concretization of law. The process of interpretation of law is presented sequentially in three stages: understanding, clarification and development. The creative nature is inherent in the results of the judicial practice which generated at the stage of development of rules of law. The authors examines concretization of law which is performed by judicial organs (concretization of rules of law of general character; concretization of concepts contained in rule of law (terminological enforcement concretization); concretization of rules of law in the presence of gaps in normative legal acts). The analysis of the creative character of interpretation and concretization of rules of law in judicial practice emphasizes general and special characteristics thereof.

To the Matter of Procedural and Legal Problems of Detaining a Person on Suspicion of Committing a Crime

2021 ◽  
Author(s):  
E.V. Bolshakov ◽  
◽  
I.D. Nazarov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Judicial Practice ◽  
Procedure Code ◽  
Legal Nature ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment

The subject of the research within the framework of the article is the criminal procedure institute for the detention of a person on suspicion of committing a crime. The legal nature of this institution is analyzed, and comments are given on the normative legal acts and judicial practice regulating the issues of detention. The theoretical basis of the research is based on the publications of the last two decades on this problem, in particular, reflecting the discussion of the process scientists S. A. Shafer, S. B. Rossinsky and A. A. Tarasov, the subject of which was the issue of the legal nature of a suspect detention in a criminal case. In the paper, the authors ask the following questions: What is the detention of a person on suspicion of committing a crime in accordance with the legislation of the Russian Federation? From what moment does the detained person acquire the status of a suspect? Is it possible to detain a person before initiating a criminal case? The study concludes that a person acquires the actual status of a suspect from the moment of direct detention, that is, before documenting this status and, as a result, before initiating a criminal case. Amendments to the articles of the Criminal Procedure Code of the Russian Federation are proposed, and the authors` versions of the definitions of the concepts «detention of a suspect», «the moment of actual detention» and «pre-trial proceedings» are given.

scholarly journals The legal impact of the Corona pandemic on the deadlines for submitting commercial papers

2021 ◽  
Vol 7 (4) ◽  
pp. 60-68
Author(s):  
Hardi Tofiq Mustafa
Keyword(s):  
Social Distance ◽  
Preventive Measures ◽  
Social Aspect ◽  
Commercial Activities ◽  
Force Majeure ◽  
Legal Nature ◽  
The World ◽  
The Subject ◽  
The Impact

The Corona pandemic that the world is experiencing is one of the most prominent global disasters today, and has become the subject of great interest from all countries of the world, especially since its effects were not limited to the health aspect only, but extended to the economic, legal, political and social aspect in the lives of individuals, which has resulted in countries entering into conflict with this pandemic by taking a set of preventive measures to combat its spread, and perhaps the most important of these decisions was the imposition of home quarantine on citizens and forcing social distance, in addition to terminating many commercial activities, , which leads to make the implementation of commitments almost impossible.  This research aims at determining the legal nature of the Corona pandemic, and whether it can be considered as a force majeure, or is it just an emergency? What is the impact of this pandemic on the deadline for submitting commercial papers for acceptance and fulfillment? Is the legal holder of the commercial transfer, who was not able to submit it for acceptance and fulfillment within the deadlines, considered a negligent holder? Or force majeure can apply here?

scholarly journals Legal Nature of the Website Development Contract as a Result of Intellectual Activity

2020 ◽  
Vol 20 (6) ◽  
pp. 103-110
Author(s):  
S.N. Mayorov ◽  
◽  
V.V. Levochko ◽  
Keyword(s):  
Subject Matter ◽  
Intellectual Activity ◽  
Website Development ◽  
Judicial Practice ◽  
Legal Nature ◽  
The Subject

Scientific views of civil scientists and the judicial practice regarding the subject matter of a website development contract. Special attention is paid to the features of a website as a composite and complex result of intellectual activity.

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.

scholarly journals Review of the Research on Ethnic Sports Tourism in China

2021 ◽  
Vol 251 ◽  
pp. 03015
Author(s):  
Ping Li ◽  
Jinku Huang
Keyword(s):  
Intergenerational Transmission ◽  
Tourism Research ◽  
Sports Culture ◽  
Brand Building ◽  
Sports Tourism ◽  
Depth Study ◽  
Tourism Resources ◽  
The Subject ◽  
Three Stages ◽  
The Impact

Ethnic sports culture is an important part of ethnic culture. The development of ethnic sports tourism is conducive to the intergenerational transmission and development of sports culture and the enhancement of “cultural confidence”, as well as the development and utilisation of ethnic sports tourism resources. Based on an analysis of ethnic sports tourism literature in China, this paper first reviews the historical course of ethnic sports tourism research, which can be divided into three stages: exploration, development and improvement. Provincial research locations are analysed at different stages. Secondly, the main content of ethnic sports tourism research is summarised under five headings: definition, resource evaluation, development and utilisation, brand building and marketing management. The research methods used are then analysed. Finally, in order to provide a reference for the in-depth study of ethnic sports tourism in the future, the paper makes four recommendations. These include introducing pluralistic theory, focusing on stakeholders as the subject of research, improving the quantitative evaluation of ethnic sports tourism resources, and exploring the impact of ethnic sports tourism.

scholarly journals The doctrinal approaches to figuring out the judiciary legal acts’ essence

2020 ◽  
Vol 11 (11) ◽  
pp. 27-33
Author(s):  
Parchomenko N.
Keyword(s):  
Supreme Court ◽  
Judicial Practice ◽  
Stage Of Development ◽  
Legal Nature ◽  
The Supreme Court ◽  
Specialized Courts ◽  
Judicial Doctrine ◽  
The Moment ◽  
Legal Attitudes ◽  
Legal Force

It was found the legal nature, essence, concept and legal effect of the judiciary legal act’s at the current stage of development of the rule of law in Ukraine. At the moment, a legal science and legal practice has not the only approach to defining the application of the law by a court and judiciary legal acts. Their legal force is not clearly defined in the Ukrainian legislation, but they are binding. Therefore, the new Ukrainian legislation is investigated, namely the implementation of such legal ties as exemplary case of enshrining the binding nature of the Supreme Court’s judgements. It was found out that the judicial practice, judicial doctrine and judicial precedent have the common nature. They are the result of court’s activity, but in doing so, they have the different forms and legal force, thus, their status in the legal system, system of law and legal sources also differ. The judicial practice is primary to the judicial precedent and judicial doctrine, which result from the judicial practice and which are its manifestation. The judicial doctrine could have as a binding nature as a nature of recommendations. The judgements in exemplary case is regarded as judicial doctrine, as one of efficient manifestation of judicial practice. Therefore, the Supreme Court’s attitude were strengthened, since it has to ensure unity of judicial practice. Furthermore, the Supreme Court formulates the legal attitudes, that are binding. The court’s judgements, that are not based on the legal attitudes of the Supreme Court, the High Specialized Courts, the regulations of Supreme Court’s plenary, could be cancelled. So they are compulsory. They are the legal source at the formal legal level. Thus, judiciary’s law-enforcement acts have the normative content. Thereby, a clear distinction between legal and individual acts disappear. This is a judicial legislation. It results in the legal regulations, namely, judgements in an exemplary case or an order confirmed by the higher court. Accordingly, at the moment there is a need to legalize the legislation power of the court, what must be done on the constitutional level. That is, the reality must be formally enshrined. Keywords: doctrine, court, acts, legislation, precedent, exemplary case, practice, order, plenary, judgement.

scholarly journals Law and Legal Science in the Age of Big Data

Intersections ◽  
2017 ◽  
Vol 3 (2) ◽  
Author(s):  
Zsolt Ződi
Keyword(s):  
Big Data ◽  
Language Processing ◽  
Social Engineering ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Science ◽  
The Subject ◽  
The One ◽  
The Impact ◽  
Law Making

The paper aims to contribute to the understanding of the connection of law and legal science, on the one hand, and the Big Data phenomenon, on the other. The connection of Big Data and law can be thematised in several ways. This article makes a distinction whereby there are two levels of interplay between Big Data and the law (and legal science). Big Data on the one hand can be the subject of legal regulation and legal science, but it also can be a tool for better, ‘predictive’ law making and lawyering. This latter is also true for legal science: Big Data opens a whole range of possibilities as a new tool. Thus, this article discusses three fields and questions in three sections: 1. Big Data as the subject of legal regulation. What kind of moral questions does Big Data, and the predictive potential it has, raise? How does law recently frame, define and regulate the Big Data phenomenon? How does Big Data affect existing legal framework rules regarding privacy, data protection, competition, business regulatory, etc.? What will the new rules, regulating Big Data look like? 2. Big Data as a tool in the regulator’s and the lawyer’s hand. How can we exploit the new possibilities provided by Big Data in law making, policy creation and the application of law? How can we design new ways of ‘Big Data-based social engineering’? How can we create predictive tools and inferencing techniques based on Big Data in policing, law enforcement and litigation? Finally in part 3. I discuss the impact of Big Data on legal science. How can Big Data, as a research tool help legal science? How do we use legal data-sets and textual corpuses as BD? How will these ‘super-empirical’ research methods affect legal scholarship? What is the relationship between traditional doctrinal scholarship and the new types of BD-based research? How can we use statistical analysis, natural language processing, content analysis, machine learning, behavioural prediction, etc. in legal science?

scholarly journals The impact of reputation capital of the region upon the quality of life of the population

2020 ◽  
pp. 130-141
Author(s):  
Leonid Alekseevich Elshin ◽  
Aleksandr Stanislavovich Grunichev ◽  
Amina Aidarovna Davydova
Keyword(s):  
Quality Of Life ◽  
Economic Growth ◽  
Socioeconomic Development ◽  
Economic Relations ◽  
Stage Of Development ◽  
Exogenous Factors ◽  
The Subject ◽  
The Republic ◽  
The Impact

The subject of this research consists in elaboration of the formalized assessment methods of the impact of reputation capital of the region upon the quality of life of the population. The object of this research is the Republic of Tatarstan. The authors substantiate the need for examining the nontraditional productive factors that determine the impact of economic development of the territories in the conditions of globalization of reproduction processes. It is underlined that at the current stage of development, it is important in the models of economic growth to take into account reputation potential of the region as one of the crucial generators of socioeconomic development in the context of digitalization of economic relations. Particular attention is turned to the questions of assessment of cumulative indexes of reputation of the territories, which form the foundation for formation of econometric models. Based on the proposed methods and approaches, the authors develop a model that in a formalized way allows determining the degree of impact of reputation capital of the region upon the parameters and dynamics of the income per capita as a paramount indicator of the quality of life. Application of the proposed methodological tools allowed substantiating the prospects, reasonableness and relevance of using with regards to the models of regional economic growth the exogenous factors, which characterize the level of development of nonmaterial factors of production. The obtained results prove the substantial correlation between the analyzed statistical arrays. It is established that augmentation reputation capital of the territories is an important task in the era of digitalization and globalization.

scholarly journals Implementation of Registration Actions as Manifestation of the Legal Form of Public Administration

2020 ◽  
Vol 89 (2) ◽  
pp. 227-238
Author(s):  
V. I. Teremetskyi ◽  
Y. V. Zhuravel
Keyword(s):  
Public Administration ◽  
Legal Protection ◽  
Point Of View ◽  
Legal Form ◽  
Administrative Services ◽  
Legal Personality ◽  
Stage Of Development ◽  
Legal Nature ◽  
The Subject ◽  
Legal Forms

The issue of carrying out registration actions as a manifestation of the legal form of public administration at the present stage of development of national practice has been analyzed. The level of scientific developments in this area has been clarified and the lack of a unified approach to determining the implementation of registration actions in the context of the realization of legal forms by public administration entities has been emphasized, which leads to difficulties in law-enforcement. It has been concluded that the implementation of registration actions as a manifestation of the legal form of public administration involves official recognition of a certain fact by the state certifying that has legal consequences, and / or in order to ensure the exercise of certain rights by individuals. It has been found out that the result of these actions is the act – the expression of the will of the subject of public administration (decision) or registration actions. It has been substantiated that legal and preventive control is carried out during registration actions, where the subject of public administration has the right to check the scope of legal personality and their behavior of the subjects who applied for registration actions. The implementation of registration actions in the context of providing administrative services with different content and public legal nature has been studied. The issues of the nature of legal relations formed during the implementation of registration actions between the recipients of relevant administrative services and public administration entities have been studied. The author has emphasized problematic issues of delimitation of jurisdictions during the resolution of disputes by courts, which arise during the provision of administrative services for the implementation of registration actions. It has been concluded that relations arising during the implementation of registration actions between the subjects of public administration from the point of view of legal protection of the recipient of the relevant administrative service, may be of private or public legal nature.

The general motion of the aeroplane

1940 ◽  
Vol 238 (792) ◽  
pp. 305-355 ◽  
Keyword(s):  
Steady Motion ◽  
General Character ◽  
Mathematical Study ◽  
Present Stage ◽  
Small Deviations ◽  
Stage Of Development ◽  
First Approximation ◽  
The Subject ◽  
General Motion ◽  
Made In

1. Comparatively little progress has been made in the mathematical study of the general motion of the aeroplane. Lanchester’s phugoids, steady motion, and the small deviations obtained when an aeroplane has an actual motion differing slightly from the steady motion appropriate to the conditions of the controls and engines, represent almost the whole of the mathematics of the rigid dynamics of the aeroplane in the present stage of development of the study of the subject. Interesting results have been obtained by L. Hopf and his collaborators ( Aerodynamik . by L. Hopf, Springer, Berlin, 1934); but general solutions in explicit form are rarely given. Thus the only information of a general character concerning the dynamics of the aeroplane, i.e. unassociated with steady motion,is the theory of Lanchester’s phugoids; and although Lanchester published this in 1908, reference to the literature on the subject shows that not only has practically no advance been made on Lanchester’s work, but that its significance as a first approximation under certain conditions is not yet fully understood. It is stated by Hopf ( ibid .p. 231), but he does not specify the exact conditions, and does not study further developments.

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