Actual Issues of Treaty Law in CIS Countries

2019 ◽  
Vol 10 (7) ◽  
pp. 2207
Author(s):  
Olga I. ZOZULYAK ◽  
Oksana S. OLIINYK ◽  
Liliana V. SISHCHUK ◽  
Nataliia A. SLIPENCHUK ◽  
Yuliia I. PARUTA
Keyword(s):  
Social Relations ◽  
The State ◽  
Freedom Of Contract ◽  
Contractual Relationship ◽  
Treaty Law ◽  
Unified View ◽  
Contractual Obligations ◽  
Cis Countries ◽  
The Individual ◽  
Legal Fact

The development of social relations requires changes in various spheres of human activity and, accordingly, in the relations between the state and society, between the state and the individual. In addition, one of the effective regulators of these relations is a treaty, which can be used in various spheres. To date, the science has not developed a unified view of the contract, and its issues are discussed by representatives of various scientific fields, with the contract being studied as a legal fact, agreement, legal relationship, document and in this regard is defined differently. Moreover, contractual relationship is in constant flux and suffer from changes caused by various factors of legal validity. Therefore, treaty law and the rules governing contractual obligations are given a great deal of attention during improving the process of reforming civil law and ensuring its further effective implementation in the CIS. Within the framework of the conducted research and comparative analysis of the legal bases and practice of application in the sphere of treaty law, the author has formulated grounded positions on the outlined and topical issues, which are as follows: (1) the peculiarities of the use of terminology in the context of the problem of interpretation of contract terms are revealed; (2) identified problems that arise during the termination of treaties in the CIS; (3) the influence of innovative technologies and globalization and the nature of contractual relations in the territory of the CIS countries are established; (4) approaches to ‘smart-contracts’ and a public contract are disclosed; (5) the discussion approaches to understanding the concept of ‘freedom of contract’ are analyzed; 6) a conditional list of the most pressing issues of contract law that arises in the CIS are formed.  

Establishing Contractual Relationships: an Antropological Approach

2019 ◽  
pp. 2107-2117
Author(s):  
Tat’iana S. Volchetskaia ◽  
Tatyana K. Primak
Keyword(s):  
Social Relations ◽  
Scientific Research ◽  
Basic Element ◽  
The State ◽  
Interesting Aspect ◽  
The Past ◽  
Contractual Relationships ◽  
New Ideas ◽  
Points Of View ◽  
The Individual

Scientific research of contractual relationships represents not only an interesting aspect of learning about the past of human civilization, but also a necessary component of the creation and improvement of new forms of state-public structures. This component implies consent as a basic element of the interaction system. But many questions remain insufficiently researched for the following reasons: the dominant view on the contract as subordinate in relation to the state and law; the lack of integrity of positions on the origin and composition of the elements that determine the contract’s nature. To get new ideas and perspectives of study it is necessary to reconsider traditional points of view on the emergence of norms, exchange, individualism, property, to use new approaches, especially anthropological one. Based on scientific research, the authors concluded that the agreement (contract) appeared simultaneously with the emergence of the human community; the agreement (contract) does not need to be recognized by the state, it can be considered as a natural regulator of social relations. The general and private levels were identified in the process of forming the contract, and there were indicated contracts’ features, components and the principle of interaction through the individual person

Has ‘Strict Liability’ Given Way to a General ‘Duty to Compensate Harm’ in Czech Law?

2019 ◽  
Vol 44 (1) ◽  
pp. 58-90
Author(s):  
Karel Beran ◽  
David Elischer
Keyword(s):  
Strict Liability ◽  
Civil Code ◽  
General Duty ◽  
Legal Duty ◽  
Traditional Sense ◽  
Contractual Obligations ◽  
State Of Affairs ◽  
The Individual ◽  
Legal Fact ◽  
Fault Liability

According to the new Civil Code, adopted in the Czech Republic in 2012 (“2012 Civil Code”), ‘strict liability’ (or ‘no-fault liability’) is no longer considered ‘liability’ in the traditional sense of the term. The declared concept of the Civil Code is based on the premise that the notion of ‘liability’ should be limited only to cases where a person can be held liable based on their culpability (fault). All other cases, denoted by the doctrine as the opposite to ‘fault-based liability’ (or more accurately, liability based on culpable conduct), that is, ‘no-fault’ or ‘strict’ liability, are – in actual fact – no longer conceived or designated by the Civil Code as ‘liability’ (in Czech: odpovědnost). They are rather constructed as a legal duty to compensate harm. This begs the question whether unlawfulness can be considered a prerequisite for the duty to compensate harm. The authors argue that the answer to this question depends on what the unlawfulness relates to – whether an unlawful act or an unlawful state of affairs. Their argument builds on the premise that unlawful acts are linked to an individual’s conduct, where both the reason and the will of the individual are present and, as a result, such unlawful acts are based on the individual’s culpability (fault). On the other hand, what is typical of an unlawful state of affairs is that the law has been violated, not because someone acted contrary to it, but rather because the rights of the aggrieved party were infringed. The authors conclude that an unlawful state of affairs is a general legal fact which covers all cases of ‘strict’ (or ‘no-fault’) liability and even a breach of contractual obligations. The authors develop their premise not only within Czech law, but also through comparison with other jurisdictions (France, Germany, and Austria), and analyze the potential of and limits to such approach.

scholarly journals O  potrzebie wzmocnienia ochrony przedsiębiorców oraz innych podmiotów niebędących konsumentami przed nadużyciami wolności kontraktowej

2017 ◽  
Vol 105 ◽  
pp. 143-158
Author(s):  
Bogusław Sołtys
Keyword(s):  
Legal Protection ◽  
The State ◽  
Economic Dimension ◽  
Freedom Of Contract ◽  
Negative Results ◽  
The Individual

THE NEED TO STRENGTHEN THE PROTECTION OF TRADERS AND  OTHER NON-CONSUMERS FROM ABUSE OF FREEDOM OF CONTRACTThe study expresses the necessity to reinforce the legal protection for all the subjects using standard agreements in cases of freedom of contract abuse. During last decade, the emphasis of the legislator was focused only on the protection of consumers, what has paradoxically caused a significant degradation of other subjects’ protection, even though other subjects, as well as consumers, have no influence on formation of the standard agreements they enter. The situation develops numerous negative results not only in the individual but also in social and economic dimension. Moreover, in case of micro, small and middle-sized entrepreneurs it leads to collision of the reality with obligations nd declarations of the state to support these entrepreneurs.

scholarly journals Socio-cultural and technological risks: socio-philosophical aspect

KANT ◽  
2020 ◽  
Vol 36 (3) ◽  
pp. 129-133
Author(s):  
Sergey Zolotarev
Keyword(s):  
Social Development ◽  
Social Inequality ◽  
Social Relations ◽  
The State ◽  
Economic Stability ◽  
Political Processes ◽  
Philosophical Aspect ◽  
Cultural Sphere ◽  
The Individual

The analysis of comprehension of sociocultural threats to the state, society and the person, both from the position of socio-political processes, and from the position of subjective influences on them from the society is carried out. The problem related to the dualism of social development in social relations and the cultural and spiritual sphere of society is considered. The source of threats in society are various social dysfunctions: social inequality, suppression of the individual, unemployment, lack of economic stability, crisis of the spiritual and cultural sphere of society, etc.

scholarly journals Human rights and the public interest: in search of balance

2021 ◽  
pp. 179-185
Keyword(s):  
Human Rights ◽  
Social Relations ◽  
Public Interest ◽  
Well Being ◽  
The State ◽  
Right To Education ◽  
The Public ◽  
Constitutional Right ◽  
The Individual ◽  
The Right

Modern processes of globalization in some way shake the established notions of human rights, and therefore their interpretation and content may be limited or expanded contrary to the regulations of the highest legal force. This creates conflict not only in the legal field, but also in society as a whole. It is emphasized that the most effective and less conflicting will be the norm, the content of which fully reflects both public and individual interest, the norm, in the process of interpretation and implementation of which the social value of law is achieved. What does it mean? That the right in the understanding of the official expression of norms should be only those provisions that ensure the well-being and development at the level of personal and public interest, guarantee and do not violate human rights. It is noted that the value of the right for the individual is that it is able to meet the human need for freedom and establishes a certain order of its use. The value of law for the whole society is manifested in the fact that the law guarantees security, order and harmonization of social relations, integrity and solidarity of society. Human rights and freedoms in the state, its interests should not be opposed to the rights and freedoms of others. At the same time, along with universally recognized human rights and freedoms, there are generally recognized restrictions on most of them. This raises the question of the objectively determined need to define boundaries and their criteria in the process of exercising one’s rights and freedoms. An analysis of legal practice in the context of finding a balance of public and private interest on the example of the constitutional right to education. The conclusion is that education is both a constitutional right and a duty and is not subject to any restrictions, and the state must ensure that education is accessible to all. In the process of ensuring the public interest, the state should apply permissible legal mechanisms to motivate a person to implement certain norms, such as persuasion, not coercion, encouragement, not the threat of punishment. Otherwise, it will lead to discrimination in the exercise of the rights and opportunities provided by the Constitution and the freedom to exercise them. And the establishment of the necessary restrictions provided by international legal instruments must be based on the principles of necessity, justice, legality, equality of rights and freedoms. Keywords: human rights, right to education, discrimination, equality, public interest.

scholarly journals Rights and duties of the individual as factors of the quality of life

KANT ◽  
2020 ◽  
Vol 35 (2) ◽  
pp. 134-141
Author(s):  
Aleksandr Gribakin
Keyword(s):  
Quality Of Life ◽  
Social Relations ◽  
Human Life ◽  
The State ◽  
Personal Life ◽  
Individual Rights ◽  
Mutual Transition ◽  
Life Path ◽  
The Individual

The genesis of rights and duties of the individual as fundamental characteristics and the quality of a human life is presented in the dialectics of objectification as disobjectification of individuals' substance, their synthesis and individualization. It is stressed that the quantitative increase of officially recognized individual rights protected by the state strengthens the individualist tendencies in social relations. Mutual transition of rights and duties is confirmed by the dynamics of a personal life path.

scholarly journals Historical and Legal Aspects of Implementation of Legal Incentives as the Major Regulator of Social Relations

2016 ◽  
Vol 1 (2) ◽  
pp. 11
Author(s):  
Provalinsky Dmitry Igorevich
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Individual Recognition ◽  
Legal Aspects ◽  
The State ◽  
Moral Norms ◽  
Legal Traditions ◽  
Stage Of Development ◽  
Theory Of Law ◽  
The Individual

The article reflects the main historical and legal aspects of the development of legal incentives, as a regulator of social relations. The author notes that social management is carried out by means of incentives and constraints expressed in the legal and moral norms. The current stage of development of society characterized by the need for States to actively socially useful behavior of participants in public relations in all spheres of life. Ideas legal incentives in the Russian theory of law related to the peculiarities of national awareness and entrenched legal and legal traditions, which are based both on the domestic and the global experience of the application of legal incentives. Analyzing the historical experience, the author notes that each stage of the development of society and the state has its own system of legal incentives, due to material and socio-cultural conditions of life and concludes that the decisive criterion in this respect is the attitude of the state to the individual, recognition of its individuality, independence of its rights. In principle, a change of power as a rule change and the system stimulants, which used this power in the arsenal of legal interventions. Analyzing the political and legal views of ancient philosophers, European thinkers XVIII - XX centuries, the author concludes that the institution of legal stimulation has evolved from simple forms to more complex ones. Studying the experience of implementation of the legal incentives accumulated throughout different periods of development of the statehood is one of the major stages in studying of the essence and accurate understanding of this many-sided phenomenon.

The concept of social and legal responsibility of business: methodological discourse

2021 ◽  
pp. 50
Author(s):  
Rishat I. Gazizullin
Keyword(s):  
Social Relations ◽  
The State ◽  
Legal Responsibility ◽  
Independent Form ◽  
The Social ◽  
State And Society ◽  
Fair Principles ◽  
Scientific Reflection ◽  
The Individual ◽  
The Relationship

The article examines problematic issues related to the social and legal responsibility of business. In particular, the author argues that the concept of social responsibility of business is an ideological construct filled with meanings formed over almost two centuries as a result of scientific reflection on the relationship between business, state and society. An attempt has been made to present this concept as a relatively independent form of knowledge organization. It is emphasized that the trajectories of legal research must meet the needs of not only the state, but also society, the individual, one of which is the need to establish fair principles not only in respect of rights, but also obligations, responsibility to the individual and the state. The desire of law to streamline social relations by means of standardizing the behavior of not only individuals, but also legal entities, demonstrates movement and appeal to the highest moral and ethical categories, one of which is «responsibility».

Doctoral Studies in Psychology in Spain

2003 ◽  
Vol 8 (1) ◽  
pp. 28-33
Author(s):  
Yolanda García Rodríguez
Keyword(s):  
Doctoral Programs ◽  
Legal Reform ◽  
The State ◽  
Teaching Program ◽  
Doctoral Studies ◽  
Public And Private ◽  
Teaching And Research ◽  
Doctoral Thesis ◽  
Critical Phase ◽  
The Individual

In Spain doctoral studies underwent a major legal reform in 1998. The new legislation has brought together the criteria, norms, rules, and study certificates in universities throughout the country, both public and private. A brief description is presented here of the planning and structuring of doctoral programs, which have two clearly differentiated periods: teaching and research. At the end of the 2-year teaching program, the individual and personal phase of preparing one's doctoral thesis commences. However, despite efforts by the state to regulate these studies and to achieve greater efficiency, critical judgment is in order as to whether the envisioned aims are being achieved, namely, that students successfully complete their doctoral studies. After this analysis, we make proposals for the future aimed mainly at the individual period during which the thesis is written, a critical phase in obtaining the doctor's degree. Not enough attention has been given to this in the existing legislation.

THE IMPORTANCE OF MANIPULATIVE STRATEGIES IN THE ACTIVITIES OF NEWS AGENCIES

2020 ◽  
Vol 6 (3) ◽  
pp. 199-203
Author(s):  
Nodira Musayeva ◽  
Keyword(s):  
General Information ◽  
The State ◽  
News Agencies ◽  
Public Consciousness ◽  
The Individual ◽  
The Mind

It is no secret that one of the features of today's global infomakon is manipulative information, which carries a large part of the General information complex that negatively affects public consciousness, the unity of the individual, society and the state. The main feature of modern journalism is that it completely rejects open propaganda and uses hidden methods of influencing the mind. Many news agencies have moved from direct ideological pressure on the recipient to theuse of hidden mechanisms of thought formation.

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