scholarly journals Registration Procedures In The Mechanism Of Water Bodies Transfer For Use Under Lease

2020 ◽  
pp. 89-100
Author(s):  
L.R. Miskevych
Keyword(s):  
Civil Rights ◽  
Natural Resources ◽  
Water Body ◽  
Civil Law ◽  
Scientific Article ◽  
Land Plot ◽  
The Status ◽  
The Law ◽  
State Registration ◽  
The Right

The scientific article is devoted to the study of problematic issues of acquiring the right to use water facilities under lease. It is noted that in the field of land, water, environmental relations, the water body and the land under it are separate objects, but in the field of property relations, which are governed by civil law, such objects are one whole both in the spectrum of regulation of property rights and contractual relations. However, the different sectoral affiliation of the water body and the corresponding land plot of the water fund inevitably affect the content of civil legal relations, supplementing the civil rights and obligations of the subjects of these legal relations with statutory requirements for the use of these natural resources. The significance of registration actions for the water body and the land plot of the water fund, which is transferred for use in the complex with the water body, is analyzed. The commission of such actions is aimed at establishing their identifying criteria and state recognition of these natural resources as objects of water and land relations, respectively. However, in the property turnover the public value is not the land plot of the water fund or the water object taken separately, but their tandem, which is perceived as an object of civil legal relations and, accordingly, the subject of the lease agreement. Given that the interests of the tenant are satisfied by the use of water space, the law states that the use of the contract provides a water body in a complex with a plot of land. However, such a legislative approach made it difficult to decide when the tenant acquired the right to use, as the law does not define a water body as property in respect of which the state registration of rights is carried out. Based on the analysis of the normatively established identifying criteria of a water body, it is concluded that the water body can be considered in the status of real estate in view of its legislative definition. Thus, when determining the moment of acquisition of the right to use water facilities under lease, it will be justified to apply the provisions of civil law. The novelty of the legislation is the priority of the land plot in the complex with which the water body is transferred and the automatic extension of the right to lease the land plot under the water body to such water body.

scholarly journals To the Question of Easement Objects

2019 ◽  
pp. 81-92
Keyword(s):  
Civil Rights ◽  
Real Estate ◽  
Natural Resources ◽  
Civil Law ◽  
Water Bodies ◽  
Real Property ◽  
State Registration ◽  
The Right ◽  
Hunting And Fishing ◽  
Property Complex

An easement under civil law is the right to use the property of others to meet the needs of others who cannot be otherwise satisfied. The legislator very briefly lists the objects of the easement and allocates positions for them in different norms. The necessity to study easement objects, among which land, their parts, other natural resources, and other real estate is justified. Issues of «other natural resources» in accordance with the current legislation of Ukraine, which include water bodies, forests, flora and fauna, subsoil, are investigated. Water bodies can be transferred not only for use, but also for the property of participants of civil legal relations, and, accordingly, the owners can transfer them on the right of easement to other persons. Attention is drawn to the fact that land easements may well include an easement for the purpose of hunting and fishing. The practical necessity of using the subsoil that arises in the participants of civil legal relations, requires the regulation of this kind of easement relations at the legislative level. Ownership of an unfinished construction object is, by law, subject to state registration in the order inserted for state registration of real property rights and is immovable property, and therefore may be an object of easement. Property complexes occupy a special place in the system of civil rights objects. Although the company includes not only immovable, but also movable ones, as well as the right to trademarks and other designations, this property complex is recognized as real estate and may also be object to easement. Attention is drawn to the need of systematization of the rules regarding the objects of the easement and to amend the existing legislation accordingly.

scholarly journals SALE OF LAND AS A FUTURE THING

2020 ◽  
pp. 20-25
Author(s):  
O.A. Rozhkova ◽  
S.V. Voronina
Keyword(s):  
Civil Law ◽  
Land Plot ◽  
Judicial Practice ◽  
The Future ◽  
The Status ◽  
The Subject ◽  
The Right

The contract of sale of the future thing in which the land is the product deserves special attention. Atthe moment, it has developed a uniform judicial practice regarding the individualization of an unformedland plot as the subject of a contract of sale of a future immovable. In cases where, in accordance with thelaw, a land plot acquires the qualities of a divisible thing, the object of civil turnover can be not only thecorresponding land plot as a whole, but also its part, which in this case acquires the status of an independentland plot for the formation of a land plot. It seems that only after establishing (changing) the location of theboundaries of the land, i. e. formation of a land plot, it may be an object of land and civil law relations, maybe an object of ownership and other rights to land. The current legislation does not contain a ban on thepurchase and sale of a land plot, the right of ownership for which at the time of conclusion of the contractof sale was not registered in the established manner, however, the individualization of a land plot by landsurveying and cadastral registration is a prerequisite for the land the plot became the subject of a contractof sale of a future immovable.

scholarly journals Akibat Hukum Pemisahan Hak Beragama dengan Hak Berkepercayaan dalam Undang-Undang Dasar Negara Republik Indonesia Tahun 1945

2019 ◽  
Vol 16 (2) ◽  
pp. 274
Author(s):  
Muwaffiq Jufri ◽  
Mukhlish Mukhlish
Keyword(s):  
Civil Rights ◽  
The State ◽  
Legal Reason ◽  
Indigenous Religion ◽  
Local Religion ◽  
Religious Convictions ◽  
The Status ◽  
The Law ◽  
The Right

Pemisahan agama dan kepercayaan dalam konstitusi adalah suatu kebijakan yang menimbulkan beragam permasalahan. Seringkali para penghayat kepercayaan mengalami intimidasi ataupun hal-hal lain yang mengganggu pelaksanaan hak sipilnya untuk menganut dan mengamalkan ajaran kepercayaan yang dianutnya. Dengan dalih kepercayaan bukan agama, para pelaku anarkisme seringkali melakukan pelarangan dan kekerasan terhadap para penganut kepercayaan. Kajian ini menggunakan metode penelitian hukum normatif. Sedangkan hasil penelitiannya ialah bahwa 1) Alasan hukum pemisahan pengaturan antara agama dengan aliran kepercayaan disebabkan oleh politik pembedaan pendefinisian keduanya dimana kepercayaan diamsusikan sebagai tradisi dan ajaran luhur masyarakat yang bersumber dari budaya yang keberadaannya di luar agama. 2) Pemisahan agama dan kepercayaan berakibat hukum tidak diakuinya aliran kepercayaan sebagai agama resmi negara, padahal status aliran kepercayaan merupakan agama lokal yang diyakini sebagai agama oleh para penganutnya. Pemisahan ini juga mengakibatkan hadirnya beragam sikap diskriminatif yang berpotensi mengganggu dan merampas hak setiap warga negara dalam meyakini suatu agama, dalam hal ini hak beragama yang diganggu dan dirampas ialah hak untuk meyakini agama lokal sebagai agama warisan leluhur bangsa Indonesia. The separation of religion and indigenous religion in the constitution is a policy that causes various problems. Often the beliefs of the indigenous religion are intimidating or other things that interfere with the exercise of civil rights to embrace and put into practice the beliefs embraced. Under the pretext of non-religious convictions, the perpetrators of anarchism often make prohibitions and violence against believers. This research uses normative legal methods. The results of the research are: The first, the legal reason for the separation of rules between religion and indigeneous religion is caused by the politics of defining both of them in which beliefs are interpreted as traditions and noble teachings of society originating from cultures which are outside of religion; The second, that the separation of religion and indigenous religion that is caused in the law does not recognize the indigenous religion as the official religion of the state, while the status of the indigenous religion is a local religion that is considered as a religion by his believers. This separation also makes several of discriminatory attitudes come up to have potency in disrupting and robbing every citizen’s right to believe in a religion. In this case, the right which is bullied is the right to believe in local religion as the religion of the Indonesian ancestral heritage.

scholarly journals Between Human Rights and Justice Principle in Children’s Civil Rights

MELINTAS ◽  
2017 ◽  
Vol 32 (2) ◽  
pp. 132
Author(s):  
Wurianalya Maria Novenanty
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Civil Law ◽  
Future Generation ◽  
Constitutional Court ◽  
Illegitimate Child ◽  
The Future ◽  
The Status ◽  
Status Difference ◽  
The Right

Children’s rights are fundamental in a country. Children are the future generation of a country. They have rights in civil law field. The examples of such rights are the right to have family name, the right to get alimony, and the right to get inheritance from the parents. Indonesian Law Number 1 of 1974 regarding Marriage (Marriage Law) distinguishes the civil rights of legitimate and illegitimate children. In 2010, the Indonesian Constitutional Court produced a decision which became a controversial decision because it was deemed to ‘legalize’ illegitimate child to have the same rights as legitimate child. The reason behind such decision is the human rights which should apply nondiscriminative principle. Some parties disagree with the reasoning behind this decision. They consider the decision unjust and that it violates social and religious norms in giving illegitimate and legitimate children the same rights in spite of the status difference. The author will discuss children’s civil rights based on civil law, human rights, and justice principle in Indonesia.

scholarly journals LEGAL REGIME OF ARTIFICIAL GROUND AREAS AS OBJECTS OF CIVIL RIGHTS

2020 ◽  
Vol 6 (72) (2) ◽  
pp. 163-169
Author(s):  
E. G. Semenova
Keyword(s):  
Civil Rights ◽  
Real Estate ◽  
Economic Activity ◽  
Legal Regime ◽  
Water Object ◽  
Land Plot ◽  
The Status ◽  
The Creation ◽  
The Law

In the article the legal regime of a land plot created on an artificial territory is determined based on the purpose of its use, as well as the status of the water object on which such a territory is created. It is established that an artificial ground area can be created within a certain territory of a water object (either adjacent to an existing land plot or isolated from it), intended for the placement of buildings, structures, objects of incomplete construction and other real estate objects specified in the law. Systemic regulation of relations related to the creation of artificial territories requires establishing the specifics of their occurrence on water objects that are both in Federal and other forms of ownership. The issue of ownership of artificially created ground areas on water objects should be resolved depending on who owns such a water object. An artificial ground area created on a territory whose borders coincide with a water object that is in Federal ownership must be subject to the regime of limited economic activity.

scholarly journals Domestic Philosophy of Law as an Ideological Prerequisite of a Philosophical Type of Understanding of Law

2019 ◽  
Vol 2 (3) ◽  
pp. 51-67
Author(s):  
Vladimir Valentinovich Kozhevnikov ◽  
Anastasia Evgenievna Cherednichenko
Keyword(s):  
Social Sciences ◽  
Subject Area ◽  
Point Of View ◽  
Scientific Article ◽  
Russian Scientist ◽  
The Status ◽  
The Subject ◽  
Scientific Nature ◽  
The Law ◽  
The Right

This scientific article is based on the analysis of some,           from our point of view, basic provisions of the textbook for masters by the famous Russian scientist, professor Martysciin Orestes Vladimirovich "Philosophy of the law". The purpose of the article is to prove scientific character the Philosophy of the Law against the background of the contrary statements of philosophers and lawyers-theorists about its not scientific nature; to consider Philosophy of the Law as an ideological prerequisite of philosophical type of understanding of the right and to analyses the last. For the achievement of this purpose the following tasks were set: 1) to analyses various arguments of the scientists who are not recognizing the scientific nature of Philosophy of the Law, considering it as a method of the human relation to the world; 2) to consider views of the scientists giving to the Philosophies of the Law the status of science; 3) to show features of philosophical type to which it is not given in science of due attention; 4) to critically evaluate positions of those scientists who unreasonably identify moral (natural and legal) and philosophical types of understanding of the law; 5) to show distinction of moral (natural and legal) and philosophical types of understanding of the law. The result of the article's research are the provisions: 1) the legal philosophy is to be considered as the independent science having the subject, methodology, performing the specific functions, corresponding to other both legal, and social sciences; 2) the Philosophy of the Law is an ideological prerequisite of philosophical type of understanding of the law which defines the sphere or border of a measure of freedom of the person. In conclusion it is to emphasize that joint efforts of lawyers, philosophers, representatives of other social sciences concerning this subject area and a subject matter are necessary for overcoming the existing disagreements on the matters of principle concerning Philosophy of the Law, and for the decision, arising in the course of its development and improvement of problems.

scholarly journals Non-residents as subjects of land relations in Ukraine

2020 ◽  
Vol 15 (28) ◽  
pp. 131-135
Author(s):  
Sibilla Buletsa ◽  
Roman Oliynyk
Keyword(s):  
Civil Rights ◽  
Legal Regulation ◽  
Land Plot ◽  
The Status ◽  
Land Relations ◽  
Long Time ◽  
The Right ◽  
Ownership Of Land ◽  
Land Code ◽  
Means Of Production

Ukrainian lands have always attracted interest from foreign investors as a means of production and investment. The tendency to increase such interest does not change for quite a long time. According to Articles 18-20 of the Land Code of Ukraine, each land plot, regardless of the form of ownership or use, has a specific purpose, depending on which the status of the land plot is determined as the object of civil rights. Extremely topical issue is the right of ownership of land to non-residents, both physical and legal persons. The purpose of the article is to analyze regulatory and legal regulation of the peculiarities of acquiring ownership of land plots by non-residents, identifying gaps in legislation.

scholarly journals Protection of civil property rights in case of recognition of the contract as not concluded

2021 ◽  
Vol 2 (20) ◽  
pp. 3
Author(s):  
O. A. Surzhenko
Keyword(s):  
Civil Rights ◽  
Property Rights ◽  
Civil Law ◽  
Procedural Law ◽  
Judicial Practice ◽  
Legal Nature ◽  
The Law ◽  
The Right ◽  
Legal Consequences

The article examines the problems of protecting civil property rights, one of the ways of which is to recognize the transaction as invalid. When analyzing this method of protection, violations by a transaction of the conditions of its action, the legal nature of invalid transactions, individual grounds and legal consequences of their invalidity are considered. Transactions that have certain drawbacks, and therefore do not meet the conditions that make the person’s actions legitimate, closely intersect with other actions that also do not lead to the purpose for which they were committed. These are not concluded contracts. The plane of intersection of these actions is quite significant, and the criteria for their delimitation are not regulated in the law, but in judicial practice are sometimes worked out contradictory. This applies to non-compliance with the requirements for the form of the transaction (in particular, the signature of the person), essential conditions, and other provisions of the law.Protection of civil rights is one of the most important categories of the theory of civil and civil procedural law, without clarification of which it is very difficult to understand the nature and characteristics of civil sanctions, the mechanism of their implementation and other issues arising in connection with the violation of civil rights. It is noted that the originality of regulatory civil law is that it arises from legitimate legal actions and is aimed at satisfying any property need. The force of coercion gives it the ability to be provided with legal measures. The right (entitlement) to protection in regulatory legal relations is one of the transactions of any subjective civil law, according to which the rightholder can, in the event of violation of the right, make a demand for the protection of the violated civil law

scholarly journals The Subject Of A Land Lease Agreement In Conjunction With A Water Facility Located On It

2021 ◽  
pp. 45-55
Author(s):  
L.R. Miskevych
Keyword(s):  
Water Body ◽  
Water Object ◽  
Technical Data ◽  
Land Plot ◽  
Water Legislation ◽  
The Subject ◽  
The Moment ◽  
State Registration ◽  
The Right ◽  
Lease Agreement

The publication is devoted to the study of legal and doctrinal trends in solving the issue of the subject of a land lease agreement in complex with a water object located on it. The author makes a reservation that the difficulty of clearly defining the subject of the studied treaty is due not only to the absence in the civil doctrine of a unanimous approach to understanding the essence of the subject of the treaty, but also to the natural inseparability of the water body with the land located on it. In the article, the author found that the legislative modelling of the contract, which mediates modern relations of use of the water body, was preceded by scientific studies of the features of ownership and use of this natural resource in conjunction with the land on which it is located. The author established the practical and doctrinal significance of using one contractual design for the lease of a water body and a land plot located under it. Such a legislative approach positively solves the problematic issues of the moment of acquisition of the right to lease a water object and the moment of transfer of the use object to the tenant, since the legislator connects these points with the time of state registration of the right to lease a land plot. The doctrinal effect of the application of this treaty model is manifested in the possibility of defining this contract in the system of civil law contracts, and affects the scope of application of civil, land and water legislation to the lease relations of a water body. In the publication, the author established that both natural resources - a land plot and a water object, together constitute the subject of a land lease agreement in conjunction with a water object located on it, formally correspond to the qualifying criteria of the thing as the subject of a hire (lease) agreement. The author concludes that the name of the contract model, simultaneously with the time of occurrence of the right to lease a land plot and a water object located on it, and the mandatory inclusion of a water body passport in such an agreement, make it possible to conclude that in the lease agreement of a land plot in complex with the water object located on it, it is not necessary to indicate technical data (volume and area) of the water body, since they are presented in its passport.

CIVIL AND LEGAL LIABILITY OF JUDGES

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Human Rights ◽  
Pension System ◽  
Legal Liability ◽  
Judicial System ◽  
Constitutional Court ◽  
Model Code ◽  
European Court ◽  
The Status ◽  
The Law ◽  
The Right

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».

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