Public Interest as a Ground for Restriction of the Ownership Right

2018 ◽  
Vol 8 (7) ◽  
pp. 2157
Author(s):  
Elena Anatolyevna KIRILLOVA ◽  
Varvara Vladimirovna BOGDAN ◽  
Petr Martynovich FILIPPOV ◽  
Bela Bertovna BIDOVA ◽  
Olesya Genadyevna FILIPENKOVA
Keyword(s):  
Public Interest ◽  
Scientific Work ◽  
Systematic Analysis ◽  
Economic Relations ◽  
Common System ◽  
Private And Public ◽  
The Common ◽  
Definition Of ◽  
The Right ◽  
Ownership Rights

The public interest right as a ground for restriction of the ownership right is studied in this article. The notion of sustainable development, widely discussed in recent years at the international level, considers the thesis of balanced regulation of economic relations as one of the main principles of state policy. The balanced regulation of economic relations is impossible without clear definition of the areas of private and public interests in law, as well as without development of the common approaches to the notion, content, criteria, and principles of restriction of the ownership rights. The purpose of this study is to analyze public interest as a groundfor restriction of the ownership right. This scientific work is based on the dialectical method, in which each legal phenomenon is considered in development, in constant movement, and the contradictions of different levels within the framework of the common system are recognized as the internal impulses of development. The principle of systematic analysis of the limits of implementation and restrictions of private and public ownership rights is actively applied. The study proposes to expand the subject composition in legal relations on restriction of the ownership rights and to introduce a new subject of law (the ʽfuture generationsʽ), the interests of which may become the limit of the implementation of the ownership right; the authors' definition of the ʽinterest of the societyʽ is given, the conclusion is madethat the restrictions of the ownership rights are independent legal relationships, arising from the legal facts, based on the law. The proposal is substantiated that in the system of fundamental human rights and freedoms it is necessary to single out the right to property as the basic right of an individual (person), different from the ownership right. The right to property is a potential, yet unrealized opportunity for everyone to possess any property. The conclusions and proposals made in the study will make it possible to ensure the balance of the property interests of the owners and the society.

scholarly journals Frequency of using additional coefficients during the engineering-and-technical investigation of buildings

2021 ◽  
Vol 258 ◽  
pp. 09006
Author(s):  
Ivan Doroshin ◽  
Aleksandr Perunov
Keyword(s):  
Common System ◽  
Regulatory Documents ◽  
The Common ◽  
Definition Of ◽  
The Right

For definition of cost of works on the engineering technical investigation we need to apply some correcting coefficients presented in the article. These coefficients are recommended and show the difficulty of real investigation. We have found some other coefficients, that reflect the conditions of investigation more exactly, based on real works in certain investigation organization, that are not recommended in standards. For each coefficient we bring the frequency of its use, based on the data of certain organization. If the coefficient is used rather often but not always, we think it possible to obtain the right value of the coefficient. The obtained results for the coefficients are compared to the new regulatory documents. The comparison lets us say, that coefficients, brought in different documents vary. Moreover, for certain cases, met rather often in the practice of investigation, there are no coefficient in the recommended sourcebook. So we propose to create the common system of coefficients, based on statistics of several investigative organizations.

ECONOMIC AND LEGAL STATUS OF THE CONSULTING ENGINEER IN UKRAINE: REGULATORY PROBLEMS

2017 ◽  
Author(s):  
Alla Brovdii ◽  
Keyword(s):  
Economic Activity ◽  
Legal Status ◽  
Road Construction ◽  
Legal Aspects ◽  
Legal Form ◽  
Employment Contracts ◽  
Economic Relations ◽  
Definition Of ◽  
The Right

Some aspects of the economic and legal status of a consulting engineer are analyzed, taking into account the specifics of national legislation. Some problems of the legal status of the consulting engineer and the forms of his economic activity are revealed. The introduction of such an entity as a consulting engineer in the modern conditions of construction development is of particular importance due to the need to improve the quality of construction work, the development of competition in this area and the need to change approaches to economic activity in this area. It is established that the concept of consulting engineer is defined in some special regulations, in particular, regulating activities in the field of road construction, but the economic and legal aspects of his business remain unresolved. This significantly affects the effectiveness of the introduction of the institute of consulting engineers in the field of management. The problem of lack of clear definition of the form of conducting economic activity by the specified participant of economic relations is revealed. The necessity of adopting a special normative legal act, namely the Law of Ukraine "On the activities of consulting engineers", in which to regulate general issues of their legal status, features of the organization of its activities, responsibilities, etc is proved. The author's definition of the concept of consulting engineer is proposed, taking into account the need to establish the organizational and legal form of his business, which will ensure proper regulation of relations between him and other participants in construction relations, including contractors and customers. The solution of some problems of the economic and legal status of the consulting engineer under the legislation of Ukraine is offered. The expediency of conducting the activity of a consulting engineer as a self-employed person, or carrying out its activity by creating a legal entity (association of consulting engineers) is substantiated. In addition, in our opinion, an entity that carries out engineering activities and has concluded employment contracts with duly accredited consulting engineers has the right to provide the services of a consulting engineer.

scholarly journals GOOD FAITH IN FRANCHISE CONTRACT

2020 ◽  
Vol 5 (19) ◽  
pp. 118-127
Author(s):  
Nurli Yaacob ◽  
Nasri Naiimi
Keyword(s):  
Common Law ◽  
Good Faith ◽  
Relational Contracts ◽  
Law System ◽  
Freedom Of Contract ◽  
Term Contract ◽  
The Common ◽  
Definition Of ◽  
The Right

Good faith has been defined as justice, fairness, reasonableness, decency, taking no chances, and so on. The concept of good faith has long been rooted in contract law under the jurisdiction of Civil law, although the definition of it is still debated until today. However, the view of the Common Law tradition does not recognize the concept of good faith as long as the contract is entered into with the freedom of contract and both parties abide by the terms of the contract. Given that a franchise contract involves a long-term contract and always been developed, it is impossible to define both rights and responsibilities base on express terms only. As such, the franchise contract gives the franchisor the right to exercise its discretion in executing the contract. It is in this context that the element of good faith is very important to ensure that the franchisor does not take advantage of the franchisee and that the business continues to prosper. Therefore, the objective of this article is to discuss the concept of good faith in a franchise contract. The findings show that the common law system that initially rejected the application of the concept of good faith also changed its approach and began to recognize the concept of good faith as it is very important for relational contracts such as franchise contracts.

scholarly journals THE NOTION OF THE CLAIM: PROBLEMS OF DEFINITION

Lex Russica ◽  
2020 ◽  
pp. 28-40
Author(s):  
V. N. Ivakin
Keyword(s):  
Civil Rights ◽  
Public Law ◽  
Administrative Procedure ◽  
Legitimate Interest ◽  
The Russian Federation ◽  
The Common ◽  
Definition Of ◽  
The Right ◽  
The Impact ◽  
Latin Term

The main form of protection of civil rights (in the broad sense) is the form of action bringing, the impact of which has increased significantly as a result of the transition to a market economy. This form has gained even wider application with the adoption of the Code of Administrative Procedure of the Russian Federation of March 8, 2015, that has introduced the institution of an administrative action in relation to cases arising from administrative and other relations regulated in the context of public law. However, the question concerning the concept of the action, regarding which in the legal science several concepts are being applied, remains unclear and the paper examines different concepts dealing with the notion of the action. In particular, according to the author, the term “action” does not mean a legal act. This view is based on the common identification of the Russian term “isk” with the Latin term actio that literally meaning “action.” The article also subjects to extensive criticism an outdated doctrine about the action in procedural and substantive senses. Attention is also drawn to the shortcomings of the doctrine that treats the action as the unity of the two parties — procedural (the applicant’s claim to the court) and substantive (the applicant’s claim to the defendant). The author has examined the inconsistency of the doctrine of the lawsuit developed by G. L. Osokina treating the action as the claim to protect a right and at the same time to admit the existence of the right to bring an action in a procedural and substantive sense. Also, the article analyzes the shortcomings of the definitions of the action given by V. V. Yarkov and O. V. Isaenkova. In conclusion, the author substantiates and gives his own definition of the concept of the action as the request addressed to court by the person concerned, submitted and considered in a certain procedural order in order to protect the violated right. The concept under consideration is also defined as the right that requires confirmation, freedom or legitimate interest and the direct exercise of the right or the satisfaction of a legitimate interest for which another person is held liable.

scholarly journals The Issues of the Formation of the Common Economic Interest in the Russian Economic System

2019 ◽  
pp. 34-43
Author(s):  
Aleksej Tsikin
Keyword(s):  
Economic System ◽  
Middle Ages ◽  
Rapid Development ◽  
Environmental Safety ◽  
Economic Interest ◽  
Economic Interests ◽  
Economic Relations ◽  
The Common ◽  
Definition Of ◽  
Modern Russian

The article is devoted to studying the theory of economic interests on the basis of the retrospective analysis of the works of the main economic school representatives, modern Russian and foreign scientists. The aim of the work is to elaborate the concept of the common economic interest in the modern Russian economic system. To achieve this aim, the author conducted the development analysis of the relevant methodological approaches to the study of economic relations, identified the most relevant concepts and proposed the concept interpretations of the national economic system priorities. It is established that the evolution of the theory of economic interests is directly related to the world economy development. In the current conditions, approaches related to absolutization of state (characteristic of the Late Middle Ages) or private (used during the rapid development of the market) interests are not applicable to achieve the common economic interest. Today, the theory introduces the factors of uncertainty, limited knowledge, explores real and perceived interests, and increases the role of social security and environmental safety. The analysis carried out in the work indicates the need to include social, innovative, technological, labor, infrastructure, institutional priorities, as well as self-sufficiency of the economy in the definition of the common economic interest. The results of the work can be used in developing strategies to improve the competitiveness of the Russian economy.

Empirical Foundations of the Common Good

2017 ◽  
Keyword(s):  
Social Science ◽  
Common Good ◽  
Scientific Work ◽  
Human Flourishing ◽  
Catholic Social Thought ◽  
Social Scientists ◽  
The Common Good ◽  
The Common ◽  
Definition Of ◽  
Effective Path

What has social science learned about the common good? Would humanists even want to alter their definitions of the common good based on what social scientists say? In this volume, six social scientists—from economics, political science, sociology, and policy analysis—speak about what their disciplines have to contribute to discussions within Catholic social thought about the common good. None of those disciplines talks directly about “the common good”; but nearly all social scientists believe that their scientific work can help make the world a better place, and each social science does operate with some notion of human flourishing. Two theologians examine the insights of social science, including such challenging assertions that theology is overly irenic, that it does not appreciate unplanned order, and that it does not grasp how in some situations contention among self-interested nations and persons can be an effective path to the common good. In response, one theologian explicitly includes contention along with cooperation in his (altered) definition of the common good.

Article 18 Right to restriction of processing

2020 ◽  
Author(s):  
Gloria González Fuster
Keyword(s):  
Public Interest ◽  
Historical Research ◽  
The Public ◽  
Definition Of ◽  
The Right ◽  
Article 5

Article 4(3) (Definition of ‘restriction of processing’); Article 5(1)(d) (Principle of accuracy); Article 16 (Right to rectification); Article 5(1)(a) (Principle of lawfulness); Article 17(1)(d) (Right to erasure based on unlawful processing); Article 5(1)(c) (Principle of data minimisation); Article 17(3)(e) (Limitations to the right to erasure); Article 19 (Notification obligation); Article 21 (Right to object); Article 89 (Derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes); Article 58(1)(g) (Powers of supervisory authorities).

What is the Common Good? The Case for Transcending Partisanship

Daedalus ◽  
2013 ◽  
Vol 142 (2) ◽  
pp. 84-94
Author(s):  
Mickey Edwards
Keyword(s):  
Political Parties ◽  
Common Good ◽  
Political System ◽  
General Election ◽  
Policy Outcomes ◽  
Men And Women ◽  
The Common Good ◽  
The Common ◽  
Definition Of ◽  
The Right

Even if most of us can agree on a definition of the “common good” (not a simple matter), there are substantial barriers to establishing public policies in accord with that agreement. The “democratic” element in our political system – the right of voters to choose the men and women who will create our laws – depends on the views of those voters being given considerable weight in determining eventual policy outcomes. Unfortunately, we have developed a political system – both in our elections and in the governing process – that gives disproportionate influence to relatively small numbers of voters (who are also the most partisan) and allows political parties through their closed procedures to limit the choices available to general election voters. Coupled with legislative rules that allow partisans to determine the makeup of legislative committees, the resulting process leaves the common good, however defined, a secondary consideration at best.

A case study on borders in retail spaces

2019 ◽  
Vol 14 (1) ◽  
pp. 18-30
Author(s):  
Salih Ceylan
Keyword(s):  
Focal Point ◽  
Historical Background ◽  
Content Type ◽  
Academic Field ◽  
Academic Knowledge ◽  
Private And Public ◽  
The Common ◽  
Definition Of ◽  
The Relationship

Purpose The existence of retail spaces lies far back in history. However, retail design as an academic field of work is relatively recent and available for development. The common points and differences between commercial spaces and retail spaces, as well as the relationship between private and public spaces, require academic attention from a retail perspective. The purpose of this paper is to contribute to the academic knowledge on retail design by interpreting retail spaces according to their relationship with their surroundings and their way of defining borders. Design/methodology/approach The focal point of the paper lies on a case study based on built examples of retail spaces in Turkey. An actual perspective, along with the historical background of retail design, provides the theoretical framework of the study, as the term “border” is being interpreted according to encountered restrictions and intentions throughout the retail design process. Findings The case study conducted in the scope of this paper has shown that borders are an important component in retail design and they are affected by various factors like the limitations of the surroundings and atmospheric tools such as colours, lighting, sound or scent. Originality/value Although there are existing studies on retail design from various perspectives, the interpretation of retail spaces in relationship with their borders is missing in academic literature. This paper provides a definition of borders in retail design including the elements that describe them and the knowledge of borders according to different corporate tendencies.

The Need for a Constitution in the United Kingdom

1979 ◽  
Vol 14 (3) ◽  
pp. 269-285
Author(s):  
Wilberforce
Keyword(s):  
United Kingdom ◽  
New Zealand ◽  
Legal System ◽  
Common Law ◽  
Bill Of Rights ◽  
The United Kingdom ◽  
Flexible Instrument ◽  
The Common ◽  
Definition Of ◽  
The Right

I was not surprised when, from several alternative subjects, you chose, as the title of my Lecture, the need for a Constitution in Britain. Those of us without a written constitution are indeed, a select club—New Zealand, Israel, the United Kingdom.I will start with a quotation from Lord Salmon. In a recent lecture, he said: In this country [U.K.] we have an unwritten constitution. I have always regarded this as a blessing and never agreed with the theoretical objections to it. It is superbly flexible and above all it has stood the test of time. It works—and works admirably. But I am beginning to wonder whether it might not be wise to evolve, not an elaborate written constitution but perhaps the equivalent of a modern Bill of Rights. A statute which should lay down our basic freedoms, provide for their preservation and enact that it could not be repealed save by, say, a 75% majority of both Houses of Parliament.One can recognize in this passage the views of an eminent common lawyer, believing in the strength and potentialities of the common law as a flexible instrument, in, of course, the right hands: of one who believes deeply in human freedom, and who is concerned about the threat to it: who desires an explicit definition of the basic liberties and who believes that these can be protected by a sufficiently strong, entrenched, legal system. In this he undoubtedly reflects the views of many people, probably of the majority of ordinary men.

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