scholarly journals Technically Sopisticated Goods in the Context of Consumer Rights when Defects are Detected in the Good

Legal Concept ◽  
2021 ◽  
pp. 19-26
Author(s):  
Natalia Ablyatipova ◽  
◽  
Anastasia Kravtsova ◽  
Keyword(s):  
Law Enforcement ◽  
Touch Screen ◽  
Legal Regulation ◽  
Wireless Devices ◽  
Special Group ◽  
Judicial Practice ◽  
Consumer Rights ◽  
Sales Contracts ◽  
Definition Of ◽  
Normative Justification

Introduction: currently, retail sales contracts are widely used, under which technically sophisticated goods are transferred to the property, which form a special group of goods and have the specifics of the legal regulation. Meanwhile, there is no legal definition of a technically sophisticated good, and there are no regulatory criteria for this legal category. In this regard, the authors set the goal: to summarize the approaches developed by judicial practice on this issue, to identify what normative justification of technical sophistication is used when including goods in the List of technically sophisticated goods. Results: the importance of qualifying a product as technically sophisticated is investigated, the problems of qualifying goods as technically sophisticated are identified, and the reasons for determining the category of wireless devices equipped with a touch screen, two or more functions, and the absence of similar devices without a touch screen in the List of technically sophisticated products are established. Conclusions: based on the analysis of the legislation and the materials of judicial practice, the problems of applying the List of technically sophisticated goods and the ambiguity of the law enforcement are identified. Based on the results of the work, the authors have developed the practical proposals and recommendations for improving the legislation.

scholarly journals Legal aspects of exercising discretionary authority of the prosecutor

2021 ◽  
pp. 17-25
Author(s):  
Artem Aleksandrovich Kovalev
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Special Contribution ◽  
Judicial Practice ◽  
The Social ◽  
Definition Of ◽  
Exercise Of Discretion ◽  
Discretionary Powers

The subject of this research is the materials of the prosecutorial, law enforcement and judicial practice, norms of procedural legislation and legislation on the prosecutor's office, which regulate social relations emerged in exercising discretionary powers by the prosecutor in the context of oversight activity over execution of laws by the entities under supervision, as well as the positions formed on this matter. The object of this research is the social relations that arise in exercising discretionary powers by the prosecutor in the context of his oversight activity over execution of laws by the entities under supervision, essence, principles and limits, as well as the problems of their implementation occurring in prosecutorial activity. The study of discretionary authority of government branches lately receives increasing attention due ti the fact that limitless exercise of such authorities can invoke corruptive behavior. Examination of the questions of legal regulation of discretionary authority of the prosecutor is of prime importance as the prosecutor's office oversights the execution of laws and observance of rights of the citizens. The existing legal constructs that allow the exercise of discretion by the prosecutor are far from perfect, which causes the problems of law enforcement and violations of rights of the subjects under supervision. Therefore, the author explored the views of the scholars on the possibility of application and the scope of discretionary authority in the work of the prosecutor’s office and other government branches, effective legislation that regulates the discretionary authority of the prosecutor along with the practical aspects of its use. The novelty of this work and the author’s special contribution consist in the fact that based on the obtained results, the author offers a definition of the discretionary authority of the prosecutor, principles and limits of their application, as well as the way the legal constructs involving such authority should be structured.

scholarly journals Certain problems of legal regulation of the conclusion of the purchase and sale contract (on the basis of analysis of examples from judicial practice)

2021 ◽  
pp. 151-153
Author(s):  
N.S. Milishchuk
Keyword(s):  
Case Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Current Approach ◽  
Access To Justice ◽  
Transfer Property ◽  
Judicial Practice ◽  
Sales Contracts ◽  
Definition Of ◽  
Legal Consequences

The contract of purchase and sale is one of the most common contractual institutions. According to the Art. 655 of the Civil code of Ukraine, under the contract of purchase and sale one party (seller) transfers or undertakes to transfer property (goods) into property to other party (buyer), and the buyer accepts or undertakes to accept prop-erty (goods) and to pay for it a certain monetary amount. At the same time, according to the case law, no unified approaches have been developed to interpret the legal consequences of failure to reach agreement on all the essential terms of purchase and sales contracts and mechanisms to protect the interests of counterparties to such agreements. Examining the procedure for concluding a contract of purchase and sale, we can not ignore the problem of its «conclusion», «validity» and «non-conclusion». It should be noted that the Civil Code of Ukraine has not provided a legal definition of «failed contract» or «unconcluded contract». Instead, the Economic Code of Ukraine in the Part 8 of the Art. 181 has stipulated that in case the parties do not reach an agreement on all material terms, their contract will be considered unconcluded or failed. No less difficulties also arise in interpreting the contract of purchase and sale as invalid or not concluded if at least one of its parties denies the fact of signing. The approach according to which «in case of contesting the very fact of concluding a transaction, such a fact can be refuted by presenting a relevant conclusion on the inconsisten-cy in the motivating part of the court decision» – does not quite agree with Art. 55 of the Constitution of Ukraine and the principle of access to justice. For example, under the current approach in court practice, the plaintiff is not reimbursed for court costs (costs of paying court fees, legal aid costs, etc.). In any case, as of today, it is expedient to better address the relevant problems in order to provide a real opportunity for participants in civil traffic to effec-tively protect their rights and interests. 

scholarly journals OBJECTS OF СONCESSION AGREEMENT: LAW ENFORCEMENT PROBLEMS AND WAYS TO OVERCOME THEM

2020 ◽  
pp. 146-152
Author(s):  
Т. P. Akhrem
Keyword(s):  
Information Technology ◽  
Law Enforcement ◽  
Legal Regulation ◽  
Federal Law ◽  
Legal Norms ◽  
Brief Assessment ◽  
Judicial Practice ◽  
Definition Of ◽  
State Registration

The article offers an analysis of the legal norms of the current legislation regarding the definition of the objects of concession agreements. A brief assessment of the amendments to the Federal Law No. 115-FZ “On Concession Agreements” dated July 21, 2005, regarding the inclusion of information technology objects in the list of objects of concession agreements is given. The correlation of general and special norms at the conclusion of concession agreements in respect of several objects is considered. The position on the presence of a gap in legal regulation and the need to establish a list of cases at the level of a sub-legislative regulatory act giving reasons to evaluate the conclusion of a concession agreement for several types of objects for possible prevention, limitation or elimination of competition is substantiated. Peculiarities during the transfer of communal facilities by concession agreement regarding state registration of ownership of these facilities and the term for putting them into operation were revealed. On all issues considered, the author gives examples from judicial practice.

Current State of Legislation, Law Enforcement and Judicial Practice in the Sphere of Conclusion, Modification and Termination of Lease Agreements for Land Plots, Concluded for Construction Purposes

2020 ◽  
Vol 1 ◽  
pp. 16-23
Author(s):  
V. V. Cheremukhin ◽  
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Legal Regulation ◽  
Scientific Development ◽  
Synthesis System ◽  
Judicial Practice ◽  
Current State ◽  
General Scientific ◽  
Statistical Indicators

Construction, as a sphere of the national economy, has impressive statistical indicators, determining the importance and relevance of its proper legal regulation, especially in terms of land use for relevant purposes. This article discusses the current situation in the sphere of provision of land plots for construction purposes, further alteration and termination of the relevant lease relations; provides a detailed analysis of the current legislation, law enforcement and judicial practice in such sphere. The purpose of the article is to analyze and summarize legislation judicial and law enforcement practice in this area, as well as the development of specific directions for a comprehensive dissertation research, proposals for improving the legislation regulating these relations. This goal is achieved by solving tasks such as studying of the existing legal regulation of disputed legal relations, law enforcement and judicial practice, identification of problematic and conflict-of-laws issues in the field under consideration, review of the degree of scientific development of the research topic, determination of trends in the development of this sphere of legal relations, development of specific proposals for changing legislation and law enforcement practice. General scientific (synthesis, system analysis, analogy) and special (formal-legal, comparative-legal) methods are used to solve the above problems. Based on the results of consideration of these issues, the author formulates the main problems of the legal relations under consideration, an assessment of the current degree of scientific development of this field is given, the main directions of the planned scientific research are also outlined, proposals are formulated to improve legislation and law enforcement practice.

scholarly journals Coordinating activity of independent legal entities: issues of law enforcement in conditions of economy digitalization

2019 ◽  
pp. 60-67
Author(s):  
Yu. Yu. Borisova ◽  
I. V. Akimova
Keyword(s):  
Law Enforcement ◽  
Economic Activity ◽  
Legal Regulation ◽  
Point Of View ◽  
Operating Conditions ◽  
Negative Effects ◽  
Judicial Practice ◽  
Stage Of Development ◽  
Legislative Changes ◽  
The Coordinator

In article authors investigate questions of the operating legal regulation of coordination of economic activity of independent economic entities, including questions of its legisla- tive definition and signs. Article contains the detailed analysis of the most interesting examples of judicial practice and practice of antimonopoly authorities on the matter. Authors, analyzing the current legal regulation, also give an assessment to the planned changes in the legislation in this part and state the point of view about dependence of legal assessment of actions of the coordinator and the economic entities coordinated by it on operating conditions of commodity markets on which it is carried out. As a result of a research authors drew a conclusion on need of legislative changes in a part of admis- sibility of the forbidden coordination provided that the advantage for consumers of such coordination exceeds negative effects for the competition.A significant amount of works of the modern scientists and experts investigating a per- spective of institutes of the antitrust law is devoted to questions of legal qualification of coordination of economic activity of independent economic entities in legal scientific literature.The matter was also raised in publications and authors of the "Rossiyskoye Konkurent- noye Pravo I Ekonomika" magazine, at the same time, it should be noted that to consid- eration of questions of coordination of activity smaller attention is paid, than, for ex- ample, to questions of cartels.Thus, degree of scientific readiness of the matter in general is rather high, at the same time to authors the relevance of this subject and need of the analysis and assessment of the operating regulation taking into account economic features of the present stage of development of the markets seems to be of high interest.

THE INFLUENCE OF THE NEW REGULATION OF DIGITAL RIGHTS ON JUDICIAL PRACTICE

2020 ◽  
pp. 27-39
Author(s):  
Vladimir G. Blinov ◽  
Viktoriya V. Blinova
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Research Topic ◽  
Digital Rights ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Available Information ◽  
Digital Assets

A huge interest in learning digital technologies is noted these days. However, at the same time it is necessary to note insufficient degree of available information on this topic, which is due to this phenomenon's novelty. The relevance of the research topic is determined by the need to analyze comprehensively the litigation practice on applying the legislation on digital rights. The need for this research is due to the lack of a comprehensive legal regulation of new digital technologies, lack of uniform judicial practice on applying the legislation on digital rights. This paper considers and analyzes modern law enforcement approaches to cryptocurrency as an object of civil rights, to transactions with cryptocurrency, dissemination in the Internet of information about cryptocurrency as a virtual means of payment and saving in the territory of the Russian Federation, taxation of digital assets existing in litigation practice. The legal positions of the Bank of Russia, Rosfinmonitoring, FTA of Russia on problematic issues of digital rights are investigated.

scholarly journals Subsoil: the Legal Regulation of Some Questions of Law Enforcement Practice

2020 ◽  
Vol 17 (3) ◽  
pp. 63-67
Author(s):  
Marina Buchakova
Keyword(s):  
Law Enforcement ◽  
Public Good ◽  
Environmental Law ◽  
Mineral Resources ◽  
Environmental Water ◽  
Legal Regulation ◽  
Root Cause ◽  
Judicial Practice ◽  
Legal Method ◽  
Natural Objects

Introduction. The relevance of the article is due to the existence of contradictions and conflicts in the Russian legislation in the field of subsoil use, which determines the controversial issues that arise in law enforcement practice. Purpose. The purpose of the research is to analyze the legal regulation of the Institute of subsoil use, law enforcement practice in the field under study. Methodology. The paper primarily uses the formal legal method for analyzing current legislation, as well as general approaches and methods related to the methodological apparatus of legal science: analysis, synthesis, and a systematic approach. Attention is paid to the analysis of materials of judicial practice on issues of subsurface use. Results. In the sphere of subsurface use, the environmental interests protected by law should be primarily of a public legal nature, since harm is caused to natural objects that are primarily in public ownership and are a public good. Accordingly, the main principle in resolving disputes in this area should be the principle of priority of public interests. The author comes to the conclusion that the existence of numerous normative acts in the field of subsoil use is manifested in their certain inconsistency and inconsistency. In addition, the sphere of subsurface use is characterized by an intersectoral relationship with civil, environmental, water, land and other branches of law, legal conflicts of which can also be the root cause of contentious issues in law enforcement practice. Conclusion. Improvement of legal regulation in the investigated area is possible in terms of harmonization of the legislation on subsoil, land, water and environmental law; introduction to the legislation on mineral resources terminology provisions eliminating an ambiguous interpretation of the rules; reduction rules having reference nature; establishing the penalties for offences are proportionate to the damage caused to natural objects. primarily owned by the public and being a public good.

scholarly journals Application of the concept of collective dominance in the Russian competition law: challenges and solutions

2020 ◽  
Vol 210 ◽  
pp. 13030
Author(s):  
Igor Bashlakov-Nikolaev ◽  
Sergey Maximov
Keyword(s):  
Law Enforcement ◽  
Competition Law ◽  
Legal Regulation ◽  
Formal Approach ◽  
The Law ◽  
Definition Of ◽  
Statutory Regulation ◽  
Collective Dominance

The Russian competition law does not include the definition of the concept of collective dominance, and the notion of this institution itself contains many gaps. The indicated disadvantages of statutory regulation and simplified approaches of the Federal Antimonopoly Service, which became possible due to the formal approach, have led to the formation of controversial law enforcement practice by the antimonopoly authority and courts. The article presents the analysis of legal regulation, as well as the law enforcement practice, and proposition on solutions to the stated problems.

scholarly journals Legal doctrine as a result of courts’ enforcement activity

2020 ◽  
pp. 54-62
Author(s):  
Parkchomenko Natalia
Keyword(s):  
Law Enforcement ◽  
The Other ◽  
Legal Doctrine ◽  
Standard Case ◽  
Judicial Practice ◽  
Legal Effect ◽  
Judicial Doctrine ◽  
The One ◽  
Definition Of ◽  
Enforcement Activity

The conceptual approaches to determine the essence and a concept of a legal doctrine as a source of law were found. The value of generally accepted principles of State’s and law development in the process of legislation activity and enforcement, including the interpretation rules of law, was highlighted. Although, the legal doctrine could change in nature, that determines its essence, content and mission. So the purpose of this research, accordingly, is to figure out the essence and concept of legal doctrine that is emerging in a result of the consolidation of courts’ enforcement and law interpretation practice. On the one hand, law enforcement and law interpretation by judicial authority must be based on the achievements in the legal science. On the other hand, it serves as a court-made doctrine. It creates the conceptual approaches to overcome gaps in a law and to improve a law enforcement. It influence on the development of legal system and system of law. It was concluded that judicial doctrine is formed by a formulation of typical approaches, established to solving specific cases. Introduction to the Ukrainian legislation such notions as “exemplary case” and “standard case”. This above mentioned is an important step to the increasing importance of judicial doctrine and recognition of its role as a source of law in Ukraine. Thus the perception of law, judicial practice, judicial legislation in society is changing. Also, in our review, the legal construction of the definition of The Supreme Court’s conclusions legal effect requires the enhancement. That is due to their binding nature, as enshrined in the Constitution of Ukraine. Only on that condition, the increasing of effectiveness of judicial enforcement and perception of judicial doctrine as a source of law may be expected.

scholarly journals The Doctrine of Legal Regulation: Approaches to Understanding

2021 ◽  
pp. 65-72
Author(s):  
Tetiana Tarakhonych
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Scientific Knowledge ◽  
Legal Regulation ◽  
Legal Interpretation ◽  
Legal Doctrine ◽  
Close Cooperation ◽  
Theory Of Law ◽  
Definition Of ◽  
Law Making

The article describes the scientific approaches to understanding of the doctrine, the legal doctrine, and the legal regulation doctrine. The article states that the public relations’ reformation, the current needs of legal practice require fundamentally new approaches to legal doctrine not only as one of the sources of law, but also as an important component of the process of law-making, law enforcement and legal interpretation. The research focuses on the fact that the legal doctrine in general and the doctrine of legal regulation in particular belongs to a key position both in the general and theoretical legal science and in the science of industry direction. It is emphasized that theorists of law analyze the legal doctrine due to the application of the methodological potential of philosophy and theory of law through the prism of the interaction of legal doctrine and the doctrine of legal regulation. The author provides the definition of the legal regulation’s doctrine as a component of legal doctrine based on previous knowledge and is the result of fundamental scientific research, a set of scientific ideas, views, concepts, theories recognized by the scientific community, that can be applied in law-making, law-enforcement and legal interpretation activities. The important attention is paid to the peculiarities of the legal regulation’s doctrine. It is aimed at a certain object of knowledge; is a certain set of ideas, views, principles of scientific knowledge, concepts, theories, etc.; requires a set of generalizations; is formed under the influence of needs and social interests; has a communicative, informational orientation; is in close cooperation with law-making, law-enforcement and legal interpretation activities; has a certain structure, cognitive and strong-willed components, is formed in society and the state by generalization of scientific knowledge, etc. The research defines the factors that influence the formation and development of the doctrine of legal regulation. They are divided into factors of both objective and subjective nature. The particular attention is paid to the main functions of the doctrine of legal regulation, namely: cognitive, informational, prognostic, communication, etc.

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