scholarly journals Relations Arising from Unjust Enrichment and Their Classification

Legal Concept ◽  
2019 ◽  
pp. 126-130
Author(s):  
Daria Peregudova
Keyword(s):  
Scientific Knowledge ◽  
System Analysis ◽  
Civil Law ◽  
Comprehensive Analysis ◽  
Knowledge System ◽  
Unjust Enrichment ◽  
Analysis And Synthesis

Introduction: the paper deals with the topical issues related to the obligations due to unjust enrichment. In the civil legislation, there is only one classification, which contains two types of enrichment by the method of origin: as a result of unjust acquisition of property and as a result of unjust saving of property. In this regard, the paper considers the types of enrichment presented by the civil scientists in the theory of civil law. The aim of the work is to conduct a comprehensive analysis of the types of obligations resulting from unjust enrichment and substantiate the need for further research on this topic. The methods of scientific knowledge: system, analysis and synthesis. Results: the author’s opinion on the proposed topic is expressed and the opinions of other scientists are given. Conclusions: as a result of the study, the author proposed new types of enrichment and presented their characteristics. It allowed revealing loopholes in the civil legislation and developing priority directions which will promote improvement of the norms of this institution.

BASIC FUNDAMENTALS OF CIVIL LAW AND THEIR IMPORTANCE

2019 ◽  
pp. 120-126
Author(s):  
Diana Vivcharuk
Keyword(s):  
Law Enforcement ◽  
Scientific Knowledge ◽  
Civil Law ◽  
Comprehensive Analysis ◽  
Practical Significance

Purpose. The purpose of the article is the regulation of relations on the principles of civil law. Methodology. The methodology includes a comprehensive analysis and a synthesis of available scientific and theoretical information. It is includes the formulation of relevant conclusions and recommendations. Such methods of scientific knowledge were used: terminological, functional, systemic-structural, logical-normative. Results: it was determined, that principles of civil law – an ideas of the civil law, that characterized by systematic,versatile, more stable, more regylated. Originality. An article is the special reseach that explores the problems of civil law in Ukraine. Practical significance. The results of the research can be used in legislation and law-enforcement activities.

scholarly journals Features of the Criminal Identity in Acts of Extremism

Legal Concept ◽  
2020 ◽  
pp. 84-88
Author(s):  
Olga Yakovleva
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Scientific Knowledge ◽  
System Analysis ◽  
Methodological Framework ◽  
Distinctive Features ◽  
Analysis And Synthesis ◽  
Practice Methods ◽  
Criminological Analysis

Introduction: the problem of studying the identity of a criminal has always been the focus of criminology, criminal law, criminal procedure, criminalistics and other legal sciences. The criminal identity has individual distinctive features and qualities. The aim of the work is to identify, analyze and evaluate the characteristics of individuals in extremist crimes, and fix them for further use in the law enforcement practice. Methods: the methodological framework for the research is a set of methods of scientific knowledge, among which, first of all, we should mention the methods of system analysis and synthesis. Results: the paper presents a criminological analysis of the criminal identity in acts of extremism. The classification of persons who commit crimes of this group of crimes is determined. The necessity of a comprehensive approach in the development of the state policy in the field of prevention of extremist crime is emphasized. Conclusions: persons who commit crimes of extremism can be divided into several categories: 1) gang delinquents and violent protesters; 2) individuals with religious ideas who are perpetrators of crimes of extremism; 3) persons who provide assistance (including organizational and sponsorship) to the extremist communities and groups, as well as attract extremist criminals for their power purposes.

Concerning the abuse of power by an official

2020 ◽  
pp. 103-110
Author(s):  
Ihor Oheruk
Keyword(s):  
Criminal Code ◽  
Comprehensive Analysis ◽  
Practical Significance ◽  
Abuse Of Power ◽  
Government Functions ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
Criminal Legislation ◽  
Logical Semantic

Purpose. The purpose of the work is to analyze the application of the second and third parts of Article 3692 of the Criminal Code of Ukraine to officials in the context, that defines them by the Criminal Code of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Methodology. The methodology includes a comprehensive analysis and synthesis of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. In the course of the study, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative. Results: in the course of research the cause of criminalization of such act as "abuse of power" is considered, the subject of the specified criminal act which has the features of "an official" in the context, that defines it by the note to Article 364 of the Criminal Code of Ukraine is analyzed and the main ways of committing criminal acts, that are provided for in this article of the Criminal Code of Ukraine are identified. Originality. The study found, that one of the key conditions for the opportunity to influence officials, that are authorized to perform government or local self-government functions, is the position held by the official and the related opportunities. Therefore, taking into account the opinion of the scientists, that the subject of crimes, that are provided for by the second and third parts of Article 3692 is special, the peculiarities of which is the cumulative feature, that denotes, that such person is not endowed with the status of an official, well-founded need to specify the criminal legislation of Ukraine in terms of the application the second and third parts of Article 3692 of the Criminal code of Ukraine concerning officials in the context, that defines them by the criminal legislation of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Practical significance. The research results can be used in lawmaking in the improvement of anti-corruption legislation.

Scientific-methodological approach to the substantiation of the rational seasonal scenario of using combine harvesters by large-scale agricultural producers

2020 ◽  
pp. 205-217
Author(s):  
V. Skibchyk ◽  
V. Dnes ◽  
R. Kudrynetskyi ◽  
O. Krypuch
Keyword(s):  
Large Scale ◽  
System Analysis ◽  
Methodological Approach ◽  
Production Unit ◽  
Agricultural Producers ◽  
New Approach ◽  
Rational Use ◽  
Road Map ◽  
Analysis And Synthesis ◽  
Combine Harvesters

Аnnotation Purpose. To increase the efficiency of technological processes of grain harvesting by large-scale agricultural producers due to the rational use of combine harvesters available on the farm. Methods. In the course of the research the methods of system analysis and synthesis, induction and deduction, system-factor and system-event approaches, graphic method were used. Results. Characteristic events that occur during the harvesting of grain crops, both within a single production unit and the entire agricultural producer are identified. A method for predicting time intervals of use and downtime of combine harvesters of production units has been developed. The roadmap of substantiation the rational seasonal scenario of the use of grain harvesters of large-scale agricultural producers is developed, which allows estimating the efficiency of each of the scenarios of multivariate placement of grain harvesters on fields taking into account influence of natural production and agrometeorological factors on the efficiency of technological cultures. Conclusions 1. Known scientific and methodological approaches to optimization of machine used in agriculture do not take into account the risks of losses of crops due to late harvesting, as well as seasonal natural and agrometeorological conditions of each production unit of the farmer, which requires a new approach to the rational use of rational seasonal combines of large agricultural producers. 2. The developed new approach to the substantiation of the rational seasonal scenario of the use of combined harvesters of large-scale agricultural producers allows taking into account the costs of harvesting of grain and the cost of the lost crop because of the lateness of harvesting at optimum variants of attraction of additional free combine harvesters. provides more profit. 3. The practical application of the developed road map will allow large-scale agricultural producers to use combine harvesters more efficiently and reduce harvesting costs. Keywords: combine harvesters, use, production divisions, risk, seasonal scenario, large-scale agricultural producers.

Classifying precontractual liability: a comparative analysis

Legal Studies ◽  
2001 ◽  
Vol 21 (2) ◽  
pp. 153-191 ◽  
Author(s):  
Joachim Dietrich
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Tort Law ◽  
Contract Law ◽  
Common Elements ◽  
Ongoing Debate ◽  
Unjust Enrichment ◽  
The Common ◽  
Initial Focus

The common law has solved questions of liability arising in the context of precontractual negotiations by resort to a range of different doctrines and approaches, adopting in effect ‘piecemeal’ solutions to questions of precontractual liability. Consequently, debate has arisen as to how best to classify or categorise claims for precontractual work and as to which doctrines are best suited to solving problems arising from anticipated contracts. The purpose of this article is to consider this question of how best to classify (cases of) precontractual liability. The initial focus will be on the ongoing debate as to whether principles of contract law or principles of unjust enrichment can better solve problems of precontractual liability. I will be suggesting that unjust enrichment theory offers little by way of explanation of cases of precontractual liability and, indeed, draws on principles of contract law in determining questions of liability for precontractual services rendered, though it does so by formulating those principles under different guises. Irrespective, however, of the doctrines utilised by the common law to impose liability, it is possible to identify a number of common elements unifying all cases of precontractual liability. In identifying such common elements of liability, it is necessary to draw on principles of both contract and tort law. How, then, should cases of precontractual liability best be classified? A consideration of the issue of classification of precontractual liability from a perspective of German civil law will demonstrate that a better understanding of cases of precontractual liability will be gained by classifying such cases as lying between the existing categories of contract and tort.

scholarly journals THE CIVIL LAW NATURE OF ELECTRONIC MONEY

2020 ◽  
Vol 6 (1) ◽  
pp. 100
Author(s):  
Liudmyla Panova ◽  
Vitalii Makhinchuk
Keyword(s):  
Practical Implication ◽  
Comparative Method ◽  
Civil Law ◽  
Synthesis Method ◽  
Electronic Money ◽  
Holistic View ◽  
Analysis And Synthesis ◽  
Logical Method ◽  
Definition Of ◽  
The Right

The purpose of the article is to examine the civil law nature of electronic money. The subject of the research is the features of the civil law nature of electronic money. Methodology. Research methods are chosen based on the object, subject and purpose of the study. The study used general scientific and special methods of legal science. Thus, the analysis and synthesis method as well as the logical method were used to formulate a holistic view on electronic money, their features and legal nature. The logical-semantic method was used to establish the meaning of the concepts “electronic money”, “non-cash money”, “payment instrument”, “electronic payment instrument”. The comparative method was used when analyzing scientific categories, definitions and approaches. The legal modeling method was applied to formulate the author’s definition of the term “electronic money”. Results. The article generalizes scientific views on the civil law nature of electronic money. A distinction has been made between electronic money and currency unit, non-cash money and the right to claim. As the result it has been established that electronic money is the monetary obligation. Practical implication. The study should assist in developing the unified approach to the issue of the civil law nature of electronic money. Value/originality. As the result of the study the author’s definition of the concept “electronic money” with regard to its civil law nature has been proposed.

scholarly journals MODERN LEGISLATION REGULATING STATUS OF LEGAL ENTITY

THE BULLETIN ◽  
2021 ◽  
Vol 2 (390) ◽  
pp. 250-255
Author(s):  
K. S. Zhylkichieva ◽  
A. A. Kalybaeva ◽  
G. Zh. Koshokova
Keyword(s):  
Civil Law ◽  
Criminal Code ◽  
Civil Code ◽  
Kyrgyz Republic ◽  
Legal Entity ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Law ◽  
General Regulation ◽  
Legal Entities

The article analyzes using the normative and systematic methods, as well as analysis and synthesis, the content of the statements of Constitution of the Kyrgyz Republic, Civil Code of the Kyrgyz Republic, Criminal Code of the Kyrgyz Republic, the Law of the Kyrgyz Republic «About Normative Legal Acts of the Kyrgyz Republic», the Law of the Kyrgyz Republic «On the Regulations of the Jogorku Kenesh of the Kyrgyz Republic» and the works of the legal scholars. It examined the provisions of laws adopted for general regulation and concludes they are serious problems, because of them there is a "blurring" of the contour of the legislation on legal entities in the article. The publication supports the opinion of the authors of the Concept for Development, according to which the regulation of the status of legal entities in the civil legal field can be characterized by a set of the laws and regula-tions in force in the Kyrgyz Republic, which do not always correspond to each other, as well as to the Civil Code. The low legal and technical level and ineffectiveness in practice are also shown by some adopted laws. It noted the Civil Code of the Kyrgyz Republic, adopted on May 8, 1996, created the new foundation for the regulation of legal entities, which was supplemented by many new laws over the next decades in the article. The authors come to the conclusion the fairly honest assessment can be applied to the established regulation – that with the main vector of development of the Concept of Civil Legislation in Kyrgyzstan, in general, there is an economic, social and well-grounded the logic and generally justifiable modern civil law in relation to legal entities. But at the same time, for many problems, correct solutions have not yet been found and no efficiency ratings have been given.

scholarly journals Model of the Process of Conducting Computer Attacks Using Special Information Influences

2021 ◽  
pp. 12-20
Author(s):  
Sergey Kondakov ◽  
◽  
Ilya Rud ◽  
Keyword(s):  
Information Systems ◽  
Comparative Analysis ◽  
Complex Systems ◽  
Research Method ◽  
System Analysis ◽  
Level Of Abstraction ◽  
Proposed Model ◽  
Analysis And Synthesis ◽  
Computer Attacks ◽  
Special Information

Purpose of work: development of a model of the process of conducting a computer attack. Research method: theory of complex systems, comparative analysis within the framework of system analysis and synthesis. Result: it is shown that the application of the proposed model of the process of conducting computer attacks allows you to fully describe the process, taking into account its inherent features and characteristics. The use in the model of information from the MITRE ATTACK database of Mitre, which contains a description of the tactics, techniques and methods used by cybercriminals, allows you to reduce the level of abstraction and describe specific scenarios for conducting complex targeted computer attacks with the maximum approximation to practice. The developed model is supposed to be used to form scenarios of computer attacks when assessing the security of information systems.

scholarly journals The Policy of Poland and Romania Concerning Interned Army of the Ukrainian People's Republic (1921–1924s): Modern Domestic Historiography

2021 ◽  
pp. 118-129
Author(s):  
Mykola Stopchak ◽  
Keyword(s):  
Comprehensive Analysis ◽  
The State ◽  
Significant Progress ◽  
National Interests ◽  
Scientific Analysis ◽  
The First World War ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Historical Comparative ◽  
First World

The article focuses on a comprehensive analysis of the historiographical achievements of modern Ukrainian historians on the policy of the leadership of Poland and Romania regarding the interned in the camps of these countries, the Army of the Ukrainian People's Republic. The methodological basis of the study comprises the principles of historicism, objectivity and systematics. General scientific and special research methods were used in solving the set tasks: historiographical analysis and synthesis of knowledge development, generalization, quantitative, historical-comparative, chronological, retrospective, etc. The scientific novelty of the work lies in a comprehensive analysis of the state of study in modern domestic historiography of the policy of the leadership of Poland and Romania during 1921-1924s concernig interned Army of the UPR. Conclusions. The analysis of the historiographical achievements of modern Ukrainian historians proved they have made significant progress in studying the scientific field. Having gained access to previously closed domestic and foreignarchival materials, scholars of independent Ukraine cooperated with foreign historians and rejected unscientific, ideologically biased approaches and conclusions of Soviet historiography regarding the policy of the Polish and Romanian leadership towards the interned army. The shortcomings of Ukrainian foreign historiography on this problem, which consisted of a number of inaccuracies and a weak source base, were eliminated, which led to the distortion of historical realities. Domestic historians have clearly shown that the policy pursued by the governments of Poland and Romania regarding the internment of the UPR Army in the camps of these countries was aimed at ensuring their own national interests. It varied depending on the state of relations with its aggressive northern neighbor – Bolshevik Russia. The orientation of this policy was significantly influenced by the position of the Entente states, the victors of the First World War/ They viewed the UPR Army as a force capable of counteracting the expansionist aspirations of Bolshevik Russia. At the same time, despite significant progress in the study of this topic, especially in the 1990s – early XXI century, in the last twenty years, domestic historians didn’t pay enough attention to its study. A number of aspects of this problem remain unexplored and require further scientific analysis.

Features of capitalization in the forestry complex

2021 ◽  
pp. 117-124
Author(s):  
Svetlana Nesterenko
Keyword(s):  
System Analysis ◽  
Secondary Forest ◽  
Comparative Method ◽  
Forest Resources ◽  
Social Functions ◽  
Analysis And Synthesis ◽  
Optimal Approach ◽  
Forestry Products ◽  
Forest Rent ◽  
By Products

Purpose – тo generalize methodical approaches to the interpretation of the category of capitalization in the forestry complex and to identify sources of funds that can provide an additional financial basis for the capitalization of forest resources. Research methodology. In the context of this work, the method of system analysis and synthesis was used, as well as a comparative method, which allowed to determine the optimal approach to the identified issues. Scientific novelty. The article summarizes the existing interpretations of the concept of capitalization, according to which the main methodological approaches to it are highlighted, in particular, as: the process of attracting and increasing the value of any assets (resources); the process of transformation of factors of production (assets, resources) into capital; performance of the entity. The article forms directions and relevant additional sources of funds for the use of forest resources, which can provide an additional financial basis for the capitalization of forest resources (assets). Conclusions. It is established that today it is impossible to assess forest assets as a source of environmental and social functions, as there is no methodology for calculating their value. It is noted that the only approach to the assessment of forest resources is only the actual cost of part of forestry products, including by- products and in-use use, hunting, harvesting of secondary forest materials and, accordingly, capitalization of only part of rent in real sales prices. period of restoration and formation of forest stands. Key words: capitalization, forestry complex, forestry assets, forest rent, sources of financing.

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