Right in Rem: Traditions, Novels, Trends of Development

10.12737/5504 ◽  
2014 ◽  
Vol 2 (9) ◽  
pp. 76-92
Author(s):  
Сергей Синицын ◽  
Sergey Sinitsyn
Keyword(s):  
Research Methods ◽  
Scientific Literature ◽  
Civil Law ◽  
Modern Science ◽  
Roman Law ◽  
Legal Rights ◽  
Modern Theory ◽  
Present Stage ◽  
Scientific Methods ◽  
General Scientific

On the basis of the analysis of the pandect doctrine, modern theory of Russian and foreign civil law, Russian civil legislation development concepts, the article deals with evolution of understanding of general and special attributes of some corporeal rights (ownership right; limited rights). The author considers reasonableness of mixed, palliative structures of the subjective civil legal rights combining some attributes of both real, and liability rights: real/liability rights. Based on results of the conducted research of civil legislation sources and civil law science the author comes to the following conclusions. The Roman Law did not consider separate institutes (emphyteusis, superficies, easement, ownership right) in the context of the uniform concept of the corporeal rights system. Sampling analysis of pandects has shown that pandectists did not know most attributes of corporeal rights currently used in the scientific literature, and the nature of exposition of pandects does not in any way testify to the uniformity of statement of the concept and specific features of corporeal rights. At the same time the Roman Law and the pandect doctrine laid an essential groundwork for subsequent generalisation and systematization of the most commonly encountered and recurrent attributes of corporeal rights which in the modern science are commonly interpreted as general identification attributes of the corporeal right. The author denies reasonableness and expediency of existence of real/liability legal rights. The article demonstrates historical features of formation of the corporeal right sub-branch in Russia, identifies general tendencies of development of this legislation branch and corporeal right science at the present stage. The methodology of the article is based on general scientific methods of deduction and historicism, special civil research methods: comparative/legal, functional and dogmatic ones.

Current Problems of Concluding an Agreement on the Alimony Payment for Minors in Russia

2018 ◽  
Vol 9 (3(33)) ◽  
pp. 859
Author(s):  
Yulia ARTEMYEVA ◽  
Natalya IVANOVSKAYA ◽  
Valentina KONCHEVA ◽  
Elena SITKAREVA
Keyword(s):  
Research Methods ◽  
Civil Law ◽  
Social Modeling ◽  
Scientific Methods ◽  
Legal Norms ◽  
Judicial Practice ◽  
Special Scientific ◽  
General Scientific ◽  
The Subject ◽  
Comprehensive Study

The purpose of the manuscript is to analyze the trends and peculiarities of contractual regulation of alimony obligations concerning minors in Russia. The authors use a set of philosophical, general and special scientific methods of cognition of theoretical and empirical materials. In the course of the research, a dialectical-materialistic method was used to study the norms of family and civil law in their interrelations, interdependence, contradictions, taking into account all-roundness and objectivity in the study. In order to conduct a comprehensive study of problematic issues, general scientific methods (analysis, synthesis, deduction, induction, systemic) and private-science (comparative-legal, formal-legal, technical-legal, social modeling of the research) methods of cognition are used in the manuscript. The proposed comparative legal study allows for determining the main directions for the following: comprehensive improvement of the legal norms for the protection of the interests of the child in the process of divorcing parents, establishing the subject composition of agreements on the payment of alimony, determining the criteria for taking into account the various factors of participation in the life of the child when calculating the amount of content, developing a system of extra-judicial resolution of material welfare issues of the child during divorce, to optimize judicial practice, create a comfortable atmosphere for the development and upbringing of children.  

scholarly journals Competition Status of a Unitary Enterprise: Some Problems

2021 ◽  
Vol 39 (68) ◽  
pp. 777-786
Author(s):  
Marina. V. Telyukina ◽  
K.B. Shukurova
Keyword(s):  
Scientific Literature ◽  
Civil Law ◽  
Economic Management ◽  
Scientific Methods ◽  
The Public ◽  
Legal Model ◽  
General Scientific ◽  
Study Methodology ◽  
Russian Law ◽  
The Right

Problems arising from the insolvency (bankruptcy) procedures of a unitary undertaking are currently very relevant, since, in the context of competition relations, the redistribution of ownership may also take place outside the framework of privatization legislation. This article is dedicated to the analysis of both theoretical and practical problems of the competitiveness of a unitary company. The authors of the paper point out that the lack of a special term for the designation of unitary enterprises on the right to economic management is one of the systemic shortcomings of Russian doctrine of civil law. The study methodology includes a group of general scientific methods (analysis, synthesis, deduction, induction), as well as a group of special methods: analysis of the content of scientific literature and analysis of the regulatory framework. It is concluded that Russian law should create a legal model that excludes the operation of non-proprietary entities alongside legal conditions that prevent abuse of their competitive status, both by the arbitration administrator and by the public legal entity that owns the debtor unitary enterprise.

Constitutional and Legal Institute of the Ombudsman and Specialized Ombudsman for Migration in Foreign Countries: Formation and Development

2021 ◽  
pp. 54-61
Author(s):  
S. G. Trifonov ◽  
◽  
K. V. Trifonova
Keyword(s):  
Public Relations ◽  
Migrant Workers ◽  
Legal Rights ◽  
Scientific Methods ◽  
Legal Method ◽  
Special Scientific ◽  
Scientific Principles ◽  
Logical Method ◽  
General Scientific ◽  
Rights And Interests

Currently, the Ombudsman is a traditional component of democratic legal systems. The creation of such a body, as noted in the Council of Europe Resolution «On the role of commissioners/ombudsmen in the protection of citizens’ rights», which would try to ensure justice, respect for the foundations of the rule of law and at the same time be able to establish a dialogue with citizens, is necessary in many States. The purpose and objectives of this article are to consider the issues of the emergence and development of the constitutional-legal institution as an Ombudsman in General, and the evolution of this institution, in which there were various models and types of ombudsmen. It is also necessary to describe the existing models of the Ombudsman applied in different States. The article examines the functional specialization of ombudsmen, which occurs through the introduction of ombudsmen in certain areas of public relations or to protect the rights and interests of the most legally vulnerable categories and groups of the population, and specifically the emergence of the institution of migration ombudsmen. The methodology of the article is based on a set of philosophical and worldview, General scientific principles and approaches and special scientific methods of cognition of constitutional and legal phenomena. When writing, a number of General scientific and special scientific methods were used, including: system and structural-functional methods, sociological method, formal-logical method, comparative-legal method. As a result of the research, we can conclude that the essential characteristics of the Ombudsman institution have changed from the institution of supervision of the administration and the court to the most important human rights mechanism that it represents at the present stage. Within the framework of the functioning of the institution of the Ombudsman, different models have been identified in different States and specialized ombudsmen have appeared, including those dealing with the protection of the legal rights and interests of migrant workers.

ASYMMETRIC INTERDEPENDENCE AS A BASIS FOR FINANCIAL AND ECONOMIC COOPERATION IN MODERN CONDITIONS

2020 ◽  
Vol 10 (8) ◽  
pp. 1477-1488
Author(s):  
R.V. Ozarnov ◽  
Keyword(s):  
Economic Cooperation ◽  
Raw Material ◽  
Present Stage ◽  
Scientific Methods ◽  
Economic Relations ◽  
Trade Model ◽  
National Currencies ◽  
The Face ◽  
General Scientific ◽  
The One

The article is devoted to the study of the theoretical and methodological foundations for the development of financial and economic cooperation between countries at the present stage, as well as the features of financial and economic relations diversification in order to reduce the asymmetric interdependence of countries in the face of increasing global imbalances, increased volatility of world financial markets, and the COVID-19 pandemic. The subject of this research is economic relations arising in the process of interaction between countries both on a bilateral basis and in a multilateral format. The paper deals with Russian-Chinese cooperation. On the one hand, the complementarity of the basic sectors of the economy of the two countries objectively contributes to increasing cooperation and trade. On the other hand, the asymmetric interdependence of Russia and its foreign trade partners, in particular China, contributes to the conservation of an archaic trade model based on Russian raw material export and Chinese manufacturing products. Methods for diversifying financial and economic relations are proposed, consisting in expanding the flows of foreign direct investment, using and developing technical and innovative progress, reducing transaction costs, trade and investment barriers, deepening Russian-Chinese cooperation within the BRICS, SCO and other organizations and expanding the scope of using national currencies in mutual settlements. The research is based on general scientific methods of cognition, such as analysis, synthesis, comparison, graphic interpretation of statistical information, time series. On the basis of the study, the author concluded that diversification of financial and economic relations helps to reduce the asymmetric interdependence of countries at the present stage. The novelty of the article lies in the substantiation of the phenomenon of asymmetric interdependence as a method for studying the problems and trends of financial and economic cooperation between countries, highlighting the drivers of diversification, which allows reducing asymmetric interdependence. On the basis of a comparative statistical analysis, the tendency of reorientation of Russia’s foreign economic activity towards Asian markets, in particular, the PRC market, has been confirmed.

scholarly journals Russian liberal thought and the formation of the modern theory of political parties

2020 ◽  
Vol 164 ◽  
pp. 11036
Author(s):  
Igor Andreev
Keyword(s):  
Political Parties ◽  
Liberal Theory ◽  
Modern Theory ◽  
Political Systems ◽  
Scientific Methods ◽  
Philosophical Foundations ◽  
Political Sciences ◽  
Social Nature ◽  
Party Elites ◽  
General Scientific

The report highlights the little-explored aspects of the Russian liberal theory of political parties in the second half of the XIX – 30s of the XX centuries: the stages of its development, the philosophical foundations, and the innovative ideas of its main representatives. Analyzing the works of Russian liberal thinkers, the author used the methods of philosophical research, as well as approaches used in historical and political sciences, and also general scientific methods, such as logical and classification methods. The author distinguishes three stages in the development of the Russian liberal theory of political parties in this period: 1) 1858-1889; 2) 1889-1917); 3) 1917-1930s, which differ by subject of study (Russian or Western parties) and research tasks (preparing the conditions for the transition from authoritarianism to democracy or fighting against the totalitarian Communist system). The author notes the heterogeneity of the philosophical foundations of the Russian liberal theory of political parties, which included neo-Hegelianism, positivism, and even elements of Marxism. Among the most important achievements of Russian liberals, the author notes the study of the social nature and functions of party elites (Ostrogorski) and determining the place and role of the ruling parties in authoritarian and totalitarian political systems (Chicherin, Miliukov).

Cost estimates in designing objects at the modern stage of civil shipbuilding development in Russia: Problems and prospects

2021 ◽  
Vol 27 (10) ◽  
pp. 2314-2327
Author(s):  
Vasilii S. DOSIKOV ◽  
Viktor A. KALMYKOV
Keyword(s):  
Cost Estimation ◽  
Information Technologies ◽  
Present Stage ◽  
Cost Estimating ◽  
Cost Estimates ◽  
Scientific Methods ◽  
General Scientific ◽  
The Cost ◽  
Cost Of Construction

Subject. The article addresses cost estimation of designed facilities construction in domestic civil shipbuilding. Objectives. The purpose is to consider the key problems and contradictions in the cost estimating process in this area. Methods. In the study, I apply general scientific methods. Results. The paper presents the analysis of major problems and contradictions in estimating the cost of construction of designed objects of domestic civil shipbuilding at the present stage of its development. I formulate my proposals for improving the system of industry pricing. Conclusions. The paper underpins the need to modernize industry pricing through the introduction of advanced information technologies.

ORGANIZED CRIME - MODERN GLOBAL THREAT

2021 ◽  
Author(s):  
Tatjana Gerginova
Keyword(s):  
Organized Crime ◽  
Scientific Method ◽  
International Security ◽  
Scientific Literature ◽  
Modern World ◽  
Scientific Methods ◽  
General Scientific ◽  
The Subject ◽  
Global Threat ◽  
Descriptive Method

"The modern world is faced with new challenges, risks and threats to security that are increasingly unpredictable, asymmetrical and transnational in nature. Organized crime poses a global threat to the security and overall development of states and societies. The analysis is based on electronic sources and a review of domestic and foreign scientific literature. In the preparation of the content of the paper, the author will apply the general scientific methods: the descriptive method and the normative method, and the Method of content analysis as a separate scientific method. In the paper, the author will define the term organized crime and define the types of organized crime. In the final part of the paper, the author will identify the detrimental effects of organized crime internally and externally. The subject of research in this paper is organized crime and its threatening effects on national and international security. The purpose of the research in this paper is to study organized crime as a global threat in the scientific literature with its particularities."

scholarly journals The Civil Law Principle of Cooperation in the Continental Law Doctrine: Extension Beyond Contractual Legal Relations

2021 ◽  
pp. 346-371
Author(s):  
A. A. Fedoseev ◽  
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Timely Manner ◽  
Scientific Methods ◽  
Property Relations ◽  
Contractual Obligation ◽  
Legal Method ◽  
Special Scientific ◽  
General Scientific ◽  
Contractual Relations

Introduction: the article analyzes the possibility of the civil law principle of cooperation being implemented in various types of relations under civil law. Traditionally, the cooperation principle is considered in both Russian and foreign literature as the principle of fulfillment of a contractual obligation or as a group of additional obligations imposed on the parties to the contract and arising from the good faith principle. A more detailed consideration of the idea if cooperation allows us to draw a conclusion about the feasibility of this principle in other types of relations under civil law. Purpose: to justify the possibility of the cooperation principle being implemented in civil law relations other than contractual relations, namely in property legal relations, pre-contractual legal relations, and obligations from causing harm (protective legal relations). Methods: general scientific dialectical method; special scientific methods such as the method of comparative law, the technical method, the legal-dogmatic method, the historical-legal method. Results: analysis of legal regulation of such relative legal relations as contractual, pre-contractual, and protective, as well as property legal relations as a form of absolute legal relations, has shown that the cooperation principle is successfully implemented in these types of legal relations. Therefore, it is possible to consider this principle to pertain to the branch of civil law as a whole. Conclusions: the cooperation principle performs two functions: first, based on this principle, it is possible to achieve the purpose of civil law relations in a more effective way; second, this principle serves as a mechanism to overcome unforeseen circumstances that prevent the purpose of legal relations from being achieved. These functions are carried out in all the types of legal relations considered: in contractual relations – when there arise obstacles to the performance of a contract not specified in the contractual provisions; in pre-contractual relations – when there arise obstacles to achieving the purpose of negotiations (i.e. conclusion of a civil law contract); in protective relations – when there is a risk of an increase in harm or a risk of inability to fully reimburse damage in a timely manner; in property relations – when there occurs an accidental loss of a thing by the rightsholder.

scholarly journals Civil Law Aspects of Bankruptsy of Debtor’s Property

Legal Concept ◽  
2019 ◽  
pp. 119-125
Author(s):  
Irina Petukhova
Keyword(s):  
Law Enforcement ◽  
Civil Law ◽  
Point Of View ◽  
Legal Capacity ◽  
Property A ◽  
Legal Entity ◽  
Scientific Methods ◽  
Legislative Regulation ◽  
General Scientific ◽  
Theory Of Constraint

Introduction: the amount of satisfied creditors’ claims in completed debtor insolvency cases raises concerns and necessitates a change in the approaches used in bankruptcy proceedings. In this connection, the author aims to study the civil law problems relating to the disposal of the debtor’s property – a legal entity in bankruptcy. The research will use such general scientific methods of cognition as synthesis and analysis, as well as such specific scientific methods of cognition as systemic and formal legal ones. Results: analyzing the legal theories, law enforcement practice and the current bankruptcy legislation, the author identified the problematic issues arising from the bankruptcy of the debtor’s property in bankruptcy procedures. Conclusions: adhering to the point of view that the theory of constraint of legal capacity (capability) of the debtor is fundamental in the legislative regulation of bankruptcy relations, the author identified the problematic aspects in determining the time of commencement of such constraint, the debtor’s property assets to be disposed of in bankruptcy proceedings.

scholarly journals Dynamics of language conflicts in the 21st century

2018 ◽  
Keyword(s):  
Social Life ◽  
Legal Rights ◽  
Scientific Methods ◽  
Language And Culture ◽  
Modern Language ◽  
The Social ◽  
The Status ◽  
General Scientific ◽  
Language Conflict ◽  
The Impact

Almost in the first quarter of the third millennium, in many countries of the world, there is a progressive dynamics of linguistic conflicts, which sometimes turn into an armed conflict. Of course, language conflicts have a very long history, but their present is even brighter. At the heart of the language conflict, as is known, is linguistic inequality, which is characterized by the status of language. The subject of the study is the impact of the globalization processes of the twenty-first century. on the development of modern language conflicts and the possibility of their settlement. The goal of the work is to reveal the essence of modern language conflicts, to clarify their peculiarities; the study of the dynamics of linguistic conflicts in the XXI century, the possible development and outline ways to solve them. The objective to analyze the dynamics of linguistic conflicts of the XXI century and to determine their possible development, outlining ways to solve contemporary linguistic conflicts. General scientific methods are used: analysis, synthesis, hypothetical method. The following results are obtained: the process of national self-affirmation, the observance of the language and culture of its legal rights must be developed and implemented by the country's elite. This process must be constant and steady; the linguistic conflict, however, is an undesirable phenomenon in the life of society, which is a kind of obstacle in solving the problems of the social life of people of all nationalities. Only non-violent method of overcoming linguistic conflicts will lead to harmonization of society. Linguistic conflict can help in this. Conclusions: a "clearing up" and neutralization of linguistic conflicts can be assisted by a sound linguistic policy and concerted efforts to reconcile all the warring parties, seeking consensus, and most importantly, fair determination of the significance of conflicting languages and equalization of the possibilities of realization in all spheres of life.

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