scholarly journals Some Arguments about the Benefits of Applying the System of Civil Procedure Law in Civil Proceedings

2020 ◽  
pp. 060-066
Author(s):  
A. D. Zolotukhin ◽  
◽  
L. A. Volchihina ◽  
Keyword(s):  
Positive Result ◽  
Civil Procedure ◽  
Legal Norms ◽  
Legal Proceedings ◽  
Procedural Law ◽  
Civil Proceedings ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship

On the basis of research, the structure of civil procedural law is defined as a system rather than an elementary set of legal norms and institutions. Determining the significance of the system of civil procedural law, it was concluded that having individuality, such a structure is one of the features that distinguish civil procedural law from other branches of law. The authors also come to the conclusion that the established properties of the system of civil procedural law, such as unity, interconnection (interaction) and independence of application, determine the possibility of applying individual elements of the structure of the system of civil procedural law, when considering substantive situations as an independent both individually and collectively. This ensures the possibility of obtaining the required positive result and characterizes it as universal. Critically examining various concepts, the authors offer their own definition of the concept of the system of civil procedural law. The conclusion is also made about the relationship of the system of civil procedural law with the principles of civil procedural law and the procedural form of civil legal proceedings.

scholarly journals Doctrinal approaches to the definition of civil procedural law

2021 ◽  
pp. 82-90
Author(s):  
Olena Shtefan
Keyword(s):  
Public Relations ◽  
International Law ◽  
The State ◽  
Legal Norms ◽  
Civil Process ◽  
Procedural Law ◽  
Civil Proceedings ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of

Keywords: civil procedural law, civil process, civil proceedings, subject of civil procedurallaw The process of reforming procedural legislation, its harmonization, harmonization with theprinciples and standards of international law, as well as other processes taking place insociety and the state are the factors that affect the need to revise the doctrinal definitions of civil procedural law. One of the most developed issues in the theory of civil procedurallaw is its definition. In turn, the development of science is impossible without reviewingeven established doctrinal approaches and provisions.An analysis of the special literature, mostly educational, led to the conclusion thatscholars use approaches to the definition of the term "civil procedural law", which weredeveloped and included in the theory of civil procedural law in the 50s-60s of the twentiethcentury. Modern definitions of civil procedural law are based on the provisions of theold invalid legislation, or on the provisions of the legislation of other countries (for example,the Russian Federation). Therefore, the purpose of this study was to review the existingdefinitions in the theory of civil procedural law and their harmonization with theprovisions of current legislation of Ukraine.In the process of researching doctrinal approaches to the definition of civil procedurallaw, it was found that researchers invest in the definition of the subject, purpose of thisbranch of law, as well as additional characteristics of civil procedural law (participants,sectoral affiliation, stage, etc.).The lack of a single doctrinal approach to the definition of the subject of civil procedurallaw, which is part of the definition of civil procedural law, prompted to study thesubject of civil procedural law and propose its author's definition.Based on the provisions of current legislation, the article presents the author's definitionof civil procedural law as a branch of law, set and system of legal norms, the subjectof which are public relations arising in civil proceedings on the basis of fair, impartialand timely consideration and resolution of civil cases in order to effectively protect violated,unrecognized or disputed rights, freedoms or interests of individuals, rights and interestsof legal entities, the interests of the state.

scholarly journals Category “measure” in the theory of penal law

2021 ◽  
Vol 1 (11) ◽  
pp. 28-31
Author(s):  
V.K. BAKULIN ◽  
Keyword(s):  
Russian Federation ◽  
Legal Obligation ◽  
Procedural Law ◽  
Procedure Code ◽  
Penal Law ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship

The article analyzes the philosophical category “measure”, which due to its universality and comprehensiveness finds expression in law, since subjective law and legal obligation are always a measure of the possible or necessary behavior of the subjects of legal relations. The relationship of the category “measure” with the institutions of criminal and criminal procedural law is shown. The article examines the demonstrations of this category in the institutions of the penal law, which makes it possible to formulate the definition of a measure in the penal law and systematize the existing ones. There is revealed the need to change the subject of the penal law as a branch of law in connection with the empowerment of criminal executive inspectorates with the authority to implement measures of procedural coercion, provided for by the Criminal Procedure Code of the Russian Federation.

scholarly journals INFORMATION AS THE BASIS FOR THE DIFFERENTIATION OF THE SUBJECT AND OBJECTS OF FORENSIC EXAMINATIONS

2017 ◽  
Vol 17 ◽  
pp. 139-146
Author(s):  
M. G. Shcherbakovskiy
Keyword(s):  
Direct Object ◽  
Legal Information ◽  
Procedural Law ◽  
Forensic Examination ◽  
The Subject ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship ◽  
Expert Study

The subject offorensic examination as a practical activity is one of the most important categories offorensic examinations theory. The subject offorensic examination is used to classify forensic examinations. The definition of the subject offorensic examinations through the prism of information theory categories is the most productive. Information is a part of the data about the investigated object which is used to solve a particular task. Legal information is used during investigation of crimes. The author proposes a classification of legal information. Information is divided into criminally relevant and neutral, depending on the relationship of the data to the event of the crime. Information is procedural or nonprocedural, depending on the method of receipt in accordance with the procedural law. Information is evidentiary if it presents the content of evidence by itself. Information is orienting when it’s used for organizational or tactical purposes. Information is criminalistic, expert or operative-search, depending on the methods and subjects of its receipt. Information, received by the expert during the investigation, is criminally relevant or neutral, procedural, expert, evidentiary or orienting. The data that are received by an expert, become useful information if they help to resolve issues put to a forensic expert. A special object of forensic examination (information field) is the totality of homogeneous properties of the subsumer. The direct object of an expert research is a part of a special object that is subjected to research during a specific expert study. The subject of forensic examination kind is evidentiary and orienting information that can be obtained at the contemporary stage of forensic examination development by researching a special object that is a part of the object properties offorensic examination kind. The subject ofparticular forensic examination is evidentiary or orienting information, which must be obtained by an investigation of a direct object that is the part of the properties of the particular material carrier submitted for examination.

scholarly journals Polyfunctionality of Justice: Reality or Legal Reality Interpretation?

2016 ◽  
Vol 4 (12) ◽  
pp. 0-0
Author(s):  
Петр Серков ◽  
Pyetr Syerkov
Keyword(s):  
Present Article ◽  
Judicial System ◽  
Functional Changes ◽  
Legal Proceedings ◽  
Judicial Proceedings ◽  
Points Of View ◽  
Principles Of Justice ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship

In the article contains the analysis of such fundamental concepts as the judicial system and legal proceedings, which are the elements of justice as a whole. The article consists of three parts, which are containing the deductive analysis of the institutional structure of justice. In the first part of present article the interaction of the institutions of the judicial system and legal proceedings, the dynamics of institutional and functional changes, as well as evaluation of these changes were disclosed. Further the author examines every aspect of justice. Thus, in the second part of the paper the judiciary, as constitutional guarantees of fair justice, were studied. Also the judicial system and its components were analyzed by the author. The third part of the article focuses on the second element of justice — judicial proceedings. In this part of the work the author discloses the two components of judicial proceedings: judicial proceedings as a consequence of the conflict and judicial proceedings as a material expression of fairness in a particular conflict. The author defines the definition of the term "judicial proceedings" and provides its analysis from the different points of view, reveals the essence of the judicial proceedings. Also the fundamental functions and principles of justice were presented and examined in present article. In this part the author addresses the question of the relationship of the specialization of courts with the function of justice and of the relation of judicial proceedings and justice.

scholarly journals The use of special psychological knowledge in compensation for non-pecuniary damage on the example of a traffic accident

2021 ◽  
pp. 16-18
Author(s):  
Ihor OZERSKYI
Keyword(s):  
Legal Proceedings ◽  
Procedural Law ◽  
National Courts ◽  
European Court ◽  
Civil Proceedings ◽  
Moral Damage ◽  
Psychological Knowledge ◽  
The Moment ◽  
Definition Of ◽  
The Individual

The theoretical and practical questions of compensation for moral damage in civil legal proceedings on the basis of studying materials of court cases of national courts and analysis of judgments of the European Court of Human Rights are researched. In the context of the above, an author's approach in applying the norms of civil procedural legislation to optimize the mechanism of compensation for moral damage is proposed. The author stresses the need for the court to take into consideration the conclusions of psychologists or experts in the field of law on determining the level of moral harm to a person who is consistent with the principle of fair trial. As for the advice provision (conclusion, excerpt from a protocol etc.) of a psychologist to the evidence status in a civil case, there are important arguments in favor of this that laid in the relevant procedural law by the legislator. The legislator in Part 1 of Art. 76 (name – “Evidence”) of the CPC of Ukraine has written that evidences are any data on the basis of which the court establishes the presence or absence of circumstances (facts) which are substantiating the demands and objections of the participants of the case, and other circumstances that are relevant for the resolution of the case. In this case, the plaintiff should give the court a conclusion of the individual psychological consultation or extraction from the protocol of such psychological examination, which will determine the degree of moral hazard and the statement (definition) of its size in cash equivalent. Such a conclusion should preferably be filed together with a statement of claim or separately by way of a statement of claim under Art. 83 of the CPC of Ukraine about admission as evidence of causing non-pecuniary damage to materials of the case «extraction of the protocol of the individual psychological. We believe that the mechanism for providing compensation for moral harm to a person in the course of civil proceedings should take place, in addition to the conclusion of a specialist (expert) – a psychologist and other circumstances determined by the Law, also taking into account the amount of salary established by the legislation at the moment of consideration of the case by the court for each month of stay of the plaintiff in a state dispute (conflict) with the defendant.

The Africanisation Of South African Civil Procedure: The Way Forward

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Fawzia Cassim ◽  
Nomulelo Queen Mabeka
Keyword(s):  
Common Law ◽  
Civil Procedure ◽  
African Culture ◽  
Legal Proceedings ◽  
Seventeenth Amendment ◽  
Procedural Law ◽  
Lower Courts ◽  
The Law ◽  
Court Proceedings ◽  
The Impact

Civil procedure enforces the rules and provisions of civil law.  The law of civil procedure involves the issuing, service and filing of documents to initiate court proceedings in the superior courts and lower courts. Indeed, notice of legal proceedings is given to every person to ensure compliance with the audi alteram partem maxim (“hear the other side”). There are various rules and legislation that regulate these court proceedings such as inter alia, the Superior Courts Act, 2013, Uniform Rules of Court, Constitution Seventeenth Amendment Act, 2012 and the Magistrates’ Courts Act of 1944. The rules of court are binding on a court by virtue of their nature.  The purpose of these rules is to facilitate inexpensive and efficient legislation. However, civil procedure does not only depend on statutory provisions and the rules of court.  Common law also plays a role. Superior Courts are said to exercise inherent jurisdiction in that its jurisdiction is derived from common law.  It is noteworthy that whilst our rules of court and statutes are largely based on the English law, Roman-Dutch law also has an impact on our procedural law. The question thus arises, how can our law of civil procedure transform to accommodate elements of Africanisation as we are part and parcel of the African continent/diaspora? In this regard, the article examines the origins of Western-based civil procedure, our formal court systems, the impact of the Constitution on traditional civil procedure, the use of dispute resolution mechanisms in Western legal systems and African culture, an overview of the Traditional Courts Bill of 2012 and the advent of the Traditional Courts Bill of 2017. The article also examines how the contentious Traditional Courts Bills of 2012 and 2017 will transform or complement the law of civil procedure and apply in practice once it is passed into law.

scholarly journals Serum IGF1, metabolic syndrome, and incident cardiovascular disease in older people: a population-based study

2013 ◽  
Vol 168 (3) ◽  
pp. 393-401 ◽  
Author(s):  
Christa C van Bunderen ◽  
Mirjam M Oosterwerff ◽  
Natasja M van Schoor ◽  
Dorly J H Deeg ◽  
Paul Lips ◽  
...  
Keyword(s):  
Metabolic Syndrome ◽  
Older People ◽  
Population Based ◽  
Mortality Data ◽  
The Metabolic Syndrome ◽  
Longitudinal Aging Study Amsterdam ◽  
Aging Study ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship

ObjectiveHigh as well as low levels of IGF1 have been associated with cardiovascular diseases (CVD). The relationship of IGF1 with (components of) the metabolic syndrome could help to clarify this controversy. The aims of this study were: i) to investigate the association of IGF1 concentration with prevalent (components of) the metabolic syndrome; and ii) to examine the role of (components of) the metabolic syndrome in the relationship between IGF1 and incident CVD during 11 years of follow-up.MethodsData were used from the Longitudinal Aging Study Amsterdam, a cohort study in a representative sample of the Dutch older population (≥65 years). Data were available in 1258 subjects. Metabolic syndrome was determined using the definition of the US National Cholesterol Education Program Adult Treatment Panel III. CVD were ascertained by self-reports and mortality data.ResultsLevels of IGF1 in the fourth quintile were associated with prevalent metabolic syndrome compared with the lowest quintile (odds ratio: 1.59, 95% confidence interval (CI) 1.09–2.33). The middle up to the highest quintile of IGF1 was positively associated with high triglycerides in women. Metabolic syndrome was not a mediator in the U-shaped relationship of IGF1 with CVD. Both subjects without the metabolic syndrome and low IGF1 levels (hazard ratio (HR) 1.75, 95% CI 1.12–2.71) and subjects with the metabolic syndrome and high IGF1 levels (HR 2.28, 95% CI 1.21–4.28) demonstrated increased risks of CVD.ConclusionsIn older people, high-normal IGF1 levels are associated with prevalent metabolic syndrome and high triglycerides. Furthermore, this study suggests the presence of different pathomechanisms for both low and high IGF1 levels and incident CVD.

On the Very Idea of Civilisation

2021 ◽  
Vol 31 (2) ◽  
pp. 307-321
Author(s):  
Luke O’Sullivan ◽  
Keyword(s):  
Technological Development ◽  
Thomas Hobbes ◽  
Alternative Definition ◽  
Starting Point ◽  
Western Imperialism ◽  
Clash Of Civilisations ◽  
Definition Of ◽  
Contemporary Liberalism ◽  
Relationship Of ◽  
The Relationship

The concept of civilisation is a controversial one because it is unavoidably normative in its implications. Its historical associations with the effort of Western imperialism to impose substantive conditions of life have made it difficult for contemporary liberalism to find a definition of “civilization” that can be reconciled with progressive discourse that seeks to avoid exclusions of various kinds. But because we lack a way of identifying what is peculiar to the relationship of civilisation that avoids the problem of domination, it has tended to be conflated with other ideas. Taking Samuel Huntington's idea of a “Clash of Civilisations” as a starting point, this article argues that we suffer from a widespread confusion of civilisation with “culture,” and that we also confuse it with other ideas including modernity and technological development. Drawing on Thomas Hobbes, the essay proposes an alternative definition of civilisation as the existence of limits on how we may treat others.

ON INTERACTION OF MATERIAL AND PROCEDURAL LAW IN THE CONTEXT OF REFORMING THE NOMENCLATURE OF SCIENTIFIC SPECIALTIES IN JURISPRUDENCE

2021 ◽  
Vol 3 (3) ◽  
pp. 214-231
Author(s):  
S.I. Suslova
Keyword(s):  
Civil Law ◽  
Scientific Research ◽  
Civil Procedure ◽  
Dialectical Logic ◽  
Advantages And Disadvantages ◽  
Procedural Law ◽  
Depth Study ◽  
Civil Science ◽  
Substantive Law ◽  
The Relationship

Introduction: the influence of the material branches of law on the content and development of procedural branches has long been substantiated in the legal literature. At the same time, civil law scholars, limited by the scope of the nomenclature of scientific specialties in legal sciences, do not have the opportunity to conduct dissertation research aimed at identifying the influence of procedural branches on the norms of substantive law. With regard to scientific research, the study of such an impact is currently permissible only within the specialty 12.00.15. Reforming the nomenclature of scientific specialties towards its enlargement creates the basis for the development of the scientific theory of intersectoral relations, developed by M.Iu. Chelyshev. An in-depth study of the intersectoral interaction of civil law and civil procedure will contribute not only to the development of scientific knowledge, but also will allow solving practical problems at a different methodological level. Purpose: to analyze the stages of the formation of scientific specialties in the context of the relationship between civil law and procedure, to identify the advantages and disadvantages of uniting and dividing civil law and procedure in scientific research, to analyze dissertations in different periods of development of the science of civil law and the science of civil procedure, to formulate ways to improve directions of research to bridge the gap between the science of civil law and procedure. Methods: empirical methods of description, interpretation; theoretical methods of formal and dialectical logic. The legal-dogmatic private scientific method was used. Results: identified the main views on the ratio of material and procedural branches in legal science; it is illustrated that the intersectoral approach is currently admissible only for dissertations in the specialty 12.00.15, which led to an almost complete absence of scientific research on this topic in civil science; substantiated the need to establish the bilateral nature of the relationship and interaction of material and procedural block. Conclusions: reforming the nomenclature of scientific specialties by right in the direction of their enlargement should have a positive effect on bridging the gap that has developed between works on civil law and civil law procedure in the last years of their separate existence. This is especially true of civil science, which developed its own scientific theories in isolation from the possibilities of their implementation within the framework of procedural law. The methodological basis for solving these problems has already been formed – this is an intersectoral method, the application of which is justified and demonstrated in the works of M.Iu. Chelyshev.

Antitrust compliance: system standardization issues

2021 ◽  
pp. 8-16
Author(s):  
V. V. Soloviev, ◽  
S. V. Yushkin ◽  
S. V. Maksimov*
Keyword(s):  
Law Enforcement ◽  
National Standard ◽  
Federal Law ◽  
Economic Entity ◽  
Effective System ◽  
The Russian Federation ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship ◽  
General Compliance

The article examines the etymology and prehistory of the introduction of the institution of antimonopoly compliance in Russian business practice, the relationship of this institution with the institution of general compliance. The article considers the definition of the concept of antimonopoly compliance, enshrined in the new article 91 of the Federal Law "On Protection of Competition".The authors propose their own definition of the concept of antimonopoly compliance as an activity of an economic entity aimed at ensuring compliance with antimonopoly legislation by employees of an economic entity and an economic entity as a whole by preventing and suppressing violations of the requirements of such legislation and regulatory legal and law enforcement acts based on it.The authors also substantiate the advisability of developing a special national standard GOST R "System of internal compliance with the requirements of antimonopoly legislation (antimonopoly compliance system) of an economic entity".It is noted that the effectiveness of the antimonopoly compliance system will depend not only on the ability of an economic entity to form an antimonopoly compliance system on the basis of an appropriate national standard, but also on the state's ability to determine and guarantee effective incentives to comply with antimonopoly legislation.The authors substantiate the advisability of supplementing the Code of Administrative Offenses of the Russian Federation with provisions that provide for the obligation and limits to reduce the amount of punishment or replace the punishment with a softer one in the event of an anticompetitive administrative offense by a person who has implemented an effective system of antimonopoly compliance.

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