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 On the procedure for calculating the time periods of non-exploitation of agricultural lands at their withdrawal from users

2019 ◽  
pp. 39-46
Author(s):  
Galina Leonidovna Zemlyakova
Keyword(s):  
Agricultural Land ◽  
Legal Regulation ◽  
Federal Law ◽  
Agricultural Lands ◽  
Scientific Methods ◽  
Legal Norms ◽  
Unused Land ◽  
Special Scientific ◽  
General Scientific ◽  
The Subject

The subject of the research is the legal norms regulating the procedure for calculating the terms of non-use of agricultural lands, which allow state authorities to apply the procedure for their withdrawal from unscrupulous owners. In this regard, the author performs a retrospective analysis of the law regulating the turnover of agricultural land, taking into account all the changes and amendments, and identifies the shortcomings in the legal regulation of this sphere which prevent the involvement of land plots in agricultural turnover.The study is based on such general scientific methods as analysis, synthesis, generalization, comparison, as well as the following special scientific methods: historical-legal, formal-legal.The author concludes that repeatedly introduced amendments to article 6 of the Federal law of July 24, 2002 No. 101-FZ "on the turnover of agricultural land" have specified the rules governing the procedure for the withdrawal of unused land plots from owners. However, it has not solved the problem of non-use of land suitable for agricultural production.

Administration of the educational process (legal and linguistic-didactic aspects) in the conditions of quarantine and post-quarantine measures caused by covid-19

Eduweb ◽  
2021 ◽  
Vol 15 (2) ◽  
pp. 181-193
Author(s):  
Vira Mizetska ◽  
Olena Sierykh ◽  
Hanna Savchuk ◽  
Diana Yevtimova ◽  
Oleh Synieokyi
Keyword(s):  
Public Relations ◽  
Educational Process ◽  
Scientific Methods ◽  
Functional Changes ◽  
Educational Processes ◽  
Special Scientific ◽  
Science And Education ◽  
General Scientific ◽  
The Subject ◽  
The Impact

The aim of the study is to characterize the impact of the COVID-19 pandemic on the administration of the educational process on the examples of legal and linguistic-didactic aspects. The object of the study is systemic and functional changes in science and education under the influence of the COVID-19 pandemic. The subject of the study is public relations in the field of education and science in their legal and linguistic-didactic aspect under the influence of the COVID-19 pandemic. Research methods are general scientific and special scientific methods, in particular, system-structural, formal-legal, hermeneutic; methods of analysis, synthesis. As a result of the research, the peculiarities of administration of educational processes in the conditions of COVID-19 in the aspect of mechanisms of legal support of activity of bodies of education and science, linguodidactics were formulated; the characteristic of systemic changes in the sphere of education which have occurred under the influence of the distribution of a coronavirus is carried out; describe the main approaches contained in the current scientific literature to solve the above problems.

Features of Financial and Legal Incentives of Investment Activities in the Regions

2018 ◽  
Vol 9 (1) ◽  
pp. 210
Author(s):  
Nikita K. POPADYUK ◽  
Olga V. PANINA ◽  
Sergey G. EREMIN ◽  
Andrey I. GALKIN ◽  
Alexander A. SAVELYEV
Keyword(s):  
Financial Incentives ◽  
Russian Regions ◽  
Investment Activity ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Analysis And Synthesis ◽  
Logical Method ◽  
General Scientific ◽  
The Subject ◽  
Definition Of

Research of features of financial and legal incentives of investment activities in the regions. Methodological basis of the study raised issues were the following: general scientific methods of cognition generalization, analogy, analysis and synthesis, elaboration, comparison, logical method, etc. Conducted interdisciplinary analysis of literature and sources on stimulating investment activities, with particular emphasis given to the Institute financial and legal incentives. Formed the author's definition of the term ʼfinancial and legal stimulus of investment activity of regionsʼ. Studied types of financial and legal incentives of investment activities of the regions. Analyzed regional legislation and judicial practice on the subject of study places financial incentives in the legal field of regional legislation. Identified conflicts in the system of financial and legal incentives of investment activities of the regions. A proposal to optimize the preliminary control of the Prosecutor's offices of the legality of the investment legislation, in particular, the structure of which has different financial and legal incentives of investment activities in Russian regions.

scholarly journals Current issues of the implementation of a criminal penalty

2021 ◽  
Vol 17 (2) ◽  
pp. 93-100
Author(s):  
Ekaterina V. Avdeeva
Keyword(s):  
Integrated Approach ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Current Trends ◽  
Criminal Penalty ◽  
General Scientific ◽  
The Subject

The subject of the research is the criminal-legal aspects of the implementation of a fine as a type of criminal punishment. In this regard, an analysis of the materials of judicial practice is carried out, which makes it possible to reveal the current trends in the appointment of a criminal fine by the court. The dynamics of the appointment of a fine by the court as the main and additional punishment has been established. The purpose of the study is to uncover the problems of implementing a criminal fine as a type of punishment and to develop proposals for improving the mechanism for imposing a criminal fine by a court. The methodological basis of the research is formed by a set of general scientific and private scientific methods that predetermined an integrated approach to the study of the purpose of a fine as a type of punishment. In the course of achieving the goal of the study, special legal methods of cognition were used to facilitate the analysis of the legal regulation of the appointment of a fine, the determination of the property status of a person, and other income of the convict. The main results of the study contain conclusions and proposals aimed at improving the measures for the appointment of a fine in relation to minors, for the aggregate of crimes, when replacing a fine in case of malicious evasion from its payment. Conclusions are formulated regarding the methodological, organizational and practical aspects of the legal impact of a fine as a type of punishment aimed at achieving the goals of punishment. The novelty of the research topic lies in the formulation and solution of the problem associated with the appointment of a fine: 1) for the aggregate of crimes; 2) in relation to minors. Conclusions and proposals for improving the criminal law governing the basis and procedure for imposing a criminal fine are formulated.

LEADERS OF ORGANIZED CRIME AS AN OBJECT OF CRIMINALISTIC RESEARCH

2020 ◽  
Vol 10 (3) ◽  
pp. 133-137
Author(s):  
SERGEY POTAPOV ◽  
◽  
NADEZHDA POPOVA
Keyword(s):  
Research Methods ◽  
Organized Crime ◽  
Systematic Approach ◽  
Criminal Responsibility ◽  
Negative Impact ◽  
Criminal Activity ◽  
Legal Nature ◽  
Special Scientific ◽  
General Scientific ◽  
Comprehensive Study

The relevance of the article is due to a comprehensive study of the concept of organized crime leaders. The purpose of the article is to analyze the forensic aspects of the characteristics of this legal phenomenon as a whole, as well as to consider the problematic elements that exist in it. The realization of this goal is achieved by using the laws of dialectics, formal logic and the application of general scientific and special scientific research methods. The article uses a systematic approach to the study of the object in question. The concept of a leader is given, the basic qualities inherent in him are considered, and it is concluded that these qualities are clearly manifested, or if they are lacking, they are developed in the course of their criminal activity. It is noted that the leaders of organized crime, both general criminal and economic, have a different set of these qualities. The features inherent in the leaders of these areas of organized criminal activity are highlighted. The problems of a criminal-legal nature that have a negative impact on bringing them to criminal responsibility are investigated, and proposals are made to eliminate the problems identified.

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 METHODS IN CRIMINALISTICS

2020 ◽  
Vol 19 (1) ◽  
pp. 21-21
Author(s):  
V. Zhuravel
Keyword(s):  
Research Methods ◽  
Scientific Research ◽  
Theoretical Research ◽  
Scientific Methods ◽  
General Scientific ◽  
Empirical Research Methods ◽  
The Subject ◽  
Court Expert ◽  
Different Levels

The genesis and current condition of scientific approaches to defining methods in criminalistics are considered. It is noted that, despite the significant importance for the formation of the methodology of criminalistics science, no separate doctrine of its methods has been created yet. Conversely, scientists offer different definitions and classification constructions of methods of this science. There is not always a justifiable division of criminalistics methods into research methods and methods of practical activity. It is emphasized that the introduction of a single, unified, consistent classification of methods in criminalistics science is a prerequisite for the further effective scientific research in this area of knowledge and the solution of praxeological tasks in the activity of judicial investigative bodies, expert institutions, operational units. Finding out established approaches to the classification of methods in science of criminalistics will contribute to the final formation of the modern scientific criminalistics paradigm. In view of the results of the analysis of scientific approaches, it is proposed to divide the methods in forensics into two varieties, using the following terms: 1) methods of criminalistics that means methods of studying the subject of research of this field of knowledge, carrying out scientific research; 2) criminalistics methods, that is, the optimal methods of action of authorized subjects that are the result of the conducted research and recommended for practical use. Methods of criminalistics should be grouped into the following levels: philosophical, general scientific (methods of empirical research, methods of theoretical research, general logical methods), separate scientific (special) (borrowed, transformed, especially criminalistics). In turn, forensic methods can be divided into: methods of collecting, recording and investigating evidence; methods of using forensic and special techniques; methods of conducting individual investigative (search) actions; methods of designing and testing investigators, court, expert versions and construction of forecasting models, etc. The above points out that in the forensic scientific knowledge there is a complex, dynamic, subordinated system of numerous methods of different levels, spheres of action, directions, which are realized taking into account specific conditions and subject of research. At the same time, this system is open and constantly updated with new methods as a result of their development and renewing.

scholarly journals Principles for pre-trial investigation planning under simplified procedure

2021 ◽  
Vol 10 (47) ◽  
pp. 216-225
Author(s):  
Oleksandr Kobzar ◽  
Maksym Romanov ◽  
Serhii Benkovskyi ◽  
Yevhen Povzyk ◽  
Serhiy Trach
Keyword(s):  
Legal Framework ◽  
Management Tool ◽  
Scientific Methods ◽  
Logical Description ◽  
Criminal Offenses ◽  
Special Scientific ◽  
General Scientific ◽  
The Subject ◽  
Simplified Procedure

The purpose of the article is to study the organizational and legal framework for the functioning of the institution of pre-trial investigation planning under simplified procedure. The subject of the study is the planning of a pre-trial investigation under simplified procedure. Methodology. General scientific and special scientific methods were used in the course of the research: formal and logical; description; historical and legal; comparative and legal; dogmatic. Results of the research. The concept, essence, as well as the basic scientific doctrines concerning functioning of institution of planning are investigated; the content of the legal support for pre-trial investigation under simplified procedure is clarified. Practical meaning. The content and essence of the relevant process in the context of pre-trial investigation under simplified procedure are outlined; the main elements of legal support for the functioning of this institution are allocated; the author’s view on the positive and negative features of pre-trial investigation planning as the management tool is provided. Value / originality. The further steps to optimize the functioning of the institution of planning for pre-trial investigation of criminal offenses are proposed.

scholarly journals Official work in Ukraine: characteristics of legal status and recurring problems

2020 ◽  
Vol 38 (Especial) ◽  
pp. 342-357
Author(s):  
Mykhailo Pokalchuk ◽  
Kateryna Sokh ◽  
Oksana Yalova ◽  
Liubov Zubkova ◽  
Iryna Borovska
Keyword(s):  
Legal Status ◽  
Practical Implication ◽  
Research Process ◽  
Paid Work ◽  
Scientific Methods ◽  
Contract Work ◽  
Judicial Practice ◽  
The World ◽  
Special Scientific ◽  
The Subject

The purpose of the article is to analyze the concept of "contract work" in Ukrainian legislation, determine its characteristics, as well as identify the scope of rights that arise with its creation. The methodological basis of the research is a series of general and special scientific methods of cognition. In the research process, formal and logical methods, systems and structural, comparative and legal, logical and legal and other scientific research methods were used. The rules of Ukrainian legislation, which regulate the subject under consideration, were investigated; they were compared with the relevant laws of some states of the world. Judicial practice, which deals with some problems related to the distribution of contract work rights between an employer and an employee, was also examined. Practical implication. The concept of "paid work" in the Ukrainian legislation was analyzed, its characteristics were identified, which are at the same time the conditions for recognizing work as paid work. By way of conclusion, it is convenient to distinguish the non-patrimonial and property rights of an employer and employee to work under contract, which in turn implies the problem of determining the amount of royalties.

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.

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