scholarly journals The Beginning and End of the Physical Personality in Dmitriy I. Meyer Works

Lex Russica ◽  
2019 ◽  
pp. 9-16
Author(s):  
I. A. Mikhailova
Keyword(s):  
Legal Status ◽  
Teaching Practice ◽  
Inheritance Law ◽  
Domestic Science ◽  
200Th Anniversary ◽  
The Russian Federation ◽  
Life Path ◽  
The Moment ◽  
The Right

The article is devoted to the 200th anniversary of Dmitriy I. Meyer — the founder of the domestic science of civilistics and the author of the first textbook on civil law. The article deals with the peculiarities of Dmitriy I. Meyer personality and life path, in particular with his passion for Roman private law, which is reflected in his scientific and teaching activities. The paper justifies that it was he who fulfilled the historical mission of “transferring” the provisions developed by Roman jurists to the nascent domestic civilization. Also, the paper analyzes the methodical techniques used by Dmitriy Meyer in his teaching practice, the theoretical provisions relating to the determination of the moment of the emergence of civil legal capacity of individuals in connection with which the author rejects the appropriateness of associating this moment with the moment of conception, considers the legal status of newborns in accordance with the degree of their vitality and issues related to the enforcement of the right to life of preterm children in modern conditions in the context of their ability to survive in different States, characterizes the problems arising in the case of simultaneous death of two or more persons legally connected with each other and describes approaches to their resolution, analyzes Dmitriy Meyer’s views concerning the so-called civil (political) death, elucidates Dmitriy Meyer’s conclusions and proposals reflected in the current legislation of the Russian Federation including the child birth and death registration during the first week of life, as well as the alleged novels of inheritance law.

scholarly journals An Inheritance Contract: a Critical Look at the Legal Construction

Lex Russica ◽  
2021 ◽  
pp. 30-38
Author(s):  
N. E. Sosipatrova
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
Legal Protection ◽  
Legal Regulation ◽  
Third Party ◽  
Inheritance Law ◽  
Legal Structure ◽  
The Russian Federation ◽  
The Right ◽  
Made In

The legal structure of an inheritance contract introduced into the system of Russian civil law on June 1, 2019, caused an ambiguous evaluation in the doctrine of inheritance law. Analyzing various points of views of scholars and legal prescriptions, the author expresses her opinion on this legal structure highlighting in particular an imbalance in the legal status of the parties to the inheritance contract, expressed in the possibility of unilateral refusal to execute it by only one of the parties, in the absence of legal protection of the testator's counterparty when the latter alienates the property specified in the inheritance contract. This makes this legal structure practically non-binding for the testator and reduces its relevance. The author substantiates that the legal prohibition of concluding an inheritance contract through a representative applies only to the testator. The assumption is made that the reference to a third party acquiring the right of inheritance does not turn this agreement into a contract made in favor of the third party. The paper focuses on the controversial issue of the limits of the discretion of the testator and the essential conditions of the inheritance contract. The author differntiates the gaps in the law in the regulation of a number of issues related to the conclusion and execution of an inheritance contract, some wordings of Art. 1118 and 1140.1 of the Civil Code of the Russian Federation and suggests proposals that improve rules under consideration. The author comes to the conclusion that the legal structure of inheritance law raises many questions caused by faulty legal formulations and insufficient completeness of legal regulation, which can give rise not only to doctrinal discussions, but also to contradictory law enforcement practice.

scholarly journals Relevant questions of creating hereditary fund in the Russian legislation: current state and prospects for its improvement

2021 ◽  
pp. 46-58
Author(s):  
Mariya Vladimirovna Vronskaya ◽  
Diana Yur'evna Nikitenok
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Full Potential ◽  
Technical Improvement ◽  
Inheritance Law ◽  
The Subject ◽  
The Russian Federation ◽  
The One ◽  
The Right

The subject of this research is the novelty of civil legislation – hereditary fund, which is characterized by dual legal nature; on the one hand, as a subject of inheritance law, while as property asset managed. The object of this research is the totality of legal relations that emerge due to creation of hereditary funds, determination of their legal status, and implementation of their activity associated with ensuring the safeguard of assets and effective management of mass of inheritance for the purpose of realization and protection of the property interests of beneficiaries (heirs, creditors). The author examines the current mechanism for creating a nonprofit fund in accordance with the provisions of legislation and civilized doctrine,  and notary practice, as well as outlines a range of problems that affect unlocking full potential of this institution (property, social, and economic). The scientific novelty is reflected in the author's recommendations for solution a number of legal issues is creation of the hereditary fund. The conclusion is made on the need for further legislative and technical improvement of the provisions of hereditary funds in the Russian Federation, reducing imperativeness and expansion of the allowable principles in their legal regulation, namely a testamentary prescription on the creation of hereditary fund may determine the purpose and lists of activity of the hereditary fund, the subject and property responsibility for the implementation of registration acts with regards to creation of hereditary fund, as well as possibility of granting the beneficiary of the fund the rights of the sole executive body. The mandatory nature of prescriptions to establish 6-month term for registration of hereditary fund; application of the Article 10 of the Civil Code of the Russian Federation in the instance of abuse of the right to agree on candidates for the administration of hereditary fund; establishment of equality of rights to devised property of hereditary fund not only to beneficiaries, but also to forced heirs (creditors) in appropriate shares.

Judicial Resolution of Issues Related to the Movement of Underages Without Accompanying Parents

2020 ◽  
Vol 1 ◽  
pp. 32-36
Author(s):  
I. V. Botantsov ◽  
Keyword(s):  
Russian Federation ◽  
Freedom Of Movement ◽  
Independent Travel ◽  
The Russian Federation ◽  
The Right ◽  
Do So

According to the Constitution of the Russian Federation, every citizen has the right to freedom of movement on its territory, but due to the fact that minors cannot be held accountable for their actions, there is a need to control their movement by legal representatives. The practical determination of the age of independent travel of minors and the issues of drawing up documents by parents authorizing them to do so are the subjects of disputes that are subject to judicial resolution. The article provides an analysis of the relevant practice, accompanied by the author's comments.

scholarly journals Determination of Neuromuscular Control of the Upper Limbs in Children - Case Study

2020 ◽  
Vol 11 (4Sup1) ◽  
pp. 46-61
Author(s):  
Carmen-Magdalena Camenidis ◽  
◽  
Irina Băițel ◽  
Amalia Oatu ◽  
Octavian Amzulescu ◽  
...  
Keyword(s):  
Kinematic Chain ◽  
Neuromuscular Control ◽  
Female Gender ◽  
Upper Limbs ◽  
Motor Action ◽  
Muscle Groups ◽  
The Moment ◽  
The Right

The objective of this case study is to observe the existence of an anticipation mechanism at the muscle groups level of the upper limbs. We tried to highlighted this anticipation process by measuring the potential of surface electric for some muscle groups representing the kinematic chain on the right side, involved in the motor action of catching a basketball and a 3kg medicine ball with two hands to the chest. We conducted a case study of a 13-year-old child, female gender. As a measurement method, we used surface electromyography signals of the EMG Trigno Delsys wireless system with 16 electrodes. We determined the moment when the muscles come into action by increasing the potential of surface electric and the moment when the action of catching the ball takes place, using the information provided by the accelerometers incorporated in the sensors of the Delsys equipment used. Therefore, we obtained information about how different muscle groups come into action which helped us to get an idea of how the child's movement is structured. Based on results of accelerations and EMG signals acquired we have formulated conclusions regarding the neuromuscular control of the tested subject. We also planned for the future to test a larger group of participants in the study research of anticipation mechanism in children who do not practice any performance sports.

scholarly journals Profili giuridici dell’aborto in Irlanda. Peculiarità e prospettive della vicenda irlandese alla luce della legge Protection of Life During Pregnancy Act (2013)

2013 ◽  
Vol 62 (4) ◽  
Author(s):  
Carlo Casini ◽  
Marina Casini
Keyword(s):  
Legal Status ◽  
Human Life ◽  
Legal Aspects ◽  
Human Beings ◽  
Right To Life ◽  
Great Chance ◽  
Judicial Decisions ◽  
The Moment ◽  
The Right ◽  
Protection Of Life

Dopo vivacissisimi dibattiti e diverse decisioni giudiziarie, il Parlamento irlandese ha approvato nel luglio 2013 la legge sull’aborto Protection of Life During Pregnancy Act (2013) che però non ha fatto cessare le discussioni né sopito le inquietudini. Il contributo, supportato da un’ampia documentazione, si muove contemporaneamente su tre piani: vengono esaminati i profili giuridici (costituzionali, referendari, legislativi e giurisprudenziali) della storia dell’aborto in Irlanda, evidenziando gli aspetti che rendono peculiare la vicenda irlandese rispetto a quella degli altri Paesi europei; affronta la questione dello statuto giuridico dell’embrione umano nell’ordinamento irlandese sia nell’ambito dell’aborto, sia in quello della fecondazione artificiale (diffusa nella prassi e legittimata dalla giurisprudenza); offre interpretazioni e prospettive concrete per tutelare la vita umana sin dal momento della fecondazione in un contesto che, invece, tende a sottrarre la protezione nei primi 14 giorni di vita dell’embrione umano. One of us, l’iniziativa dei cittadini europei, promossa sulla base del Trattato di Lisbona, si presenta come una straordinaria occasione per svolgere un ruolo di contenimento delle possibili derive negative della legge recentemente approvata e per mantenere nella società la consapevolezza che la dignità umana è uguale per tutti gli esseri umani, così tutti, sin dal concepimento, sono titolari del diritto alla vita. I cittadini irlandesi potrebbero confermare con la vastità delle adesioni a “Uno di noi” la stessa volontà manifestata nei referendum del 1983, del 1997 e del 2002: “lo Stato riconosce il diritto alla vita del bambino che deve nascere”. ---------- After several lively debates and judicial decisions, the Irish parliament passed a law on abortion in July 2013 Protection of Life During Pregnancy Act (2013) which, however, has not put an end to the discussion or calmed anxieties. The contribution, supported by extensive documentation, moves simultaneously on three levels: 1. examining the legal aspects (constitutional, referendums, legislation and judicial decisions) of abortion’s history in Ireland highlighting those that make that history unique compared to other European countries; 2. dealing with the question of the legal status of the human embryo into the Irish legal system regarding both abortion, and artificial insemination (widely practiced and legitimized by law); 3. offers interpretations and concrete prospects for protecting human life from the moment of fertilization in a context which, however, tends to deprive human life of protection in the first 14 days of life. One of us, the European citizens’ initiative, promoted on the basis of the Treaty of Lisbon, is presented as an extraordinary opportunity to play a role in limiting the possible negative tendencies of the law recently passed and to maintain awareness in society that human dignity is the same for all human beings. So everyone, from conception, is entitled to the right to life. In particular, One of us gives Irish citizens the great chance to confirm the same desire expressed in the referenda of 1983, 1992 and 2002 – “The State acknowledges the right to life of the unborn child” – by signing in great numbers the “One of Us” citizen’s initiative.

Organization of pre-trial proceedings in criminal cases in Russia and abroad as a factor in ensuring access to justice

2020 ◽  
pp. 167-179
Author(s):  
T. Yu. Vilkova
Keyword(s):  
Preliminary Investigation ◽  
Cognitive Activity ◽  
Government Agencies ◽  
Access To Justice ◽  
Online Service ◽  
Criminal Cases ◽  
Foreign Countries ◽  
The Russian Federation ◽  
The Moment ◽  
The Right

The article shows the main models of building pre-trial proceedings in the Russian Federation and foreign countries, analyzes the provision of access to justice in each of the models. A number of measures have been proposed to build pre-trial proceedings in criminal cases that effectively ensure access to justice, including abandoning the stage of initiating a criminal case and keeping a countdown of the preliminary investigation from the moment of registration of a crime report, conducting pre-trial cognitive activity (investigation) under the guidance of a prosecutor, and bringing charges by the prosecutor.based on the results of the investigation, granting participants who are not vested with authority the right to apply to the court to deposit evidence and to assist the court in protecting their interests in connection with the refusal of the preliminary investigation body to satisfy motions related to the process of proving, the introduction of effective simplified and accelerated procedures in pre-trial proceedings, the establishment of digital interaction between government agencies and the population through a single secure digital online platform; creation of a mechanism for filing reports of crime through a special online service integrated into the specified digital platform.

scholarly journals RATIO OF THE LEGAL AND PROCEDURAL STATUS OF THE HEAD OF INVESTIGATIVE BODY

2018 ◽  
Vol 22 (2) ◽  
pp. 158-165
Author(s):  
T. Yu. Popova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Legal Proceedings ◽  
The Status ◽  
The Russian Federation ◽  
Legal Sense

Article is devoted to search of author's determination of the criminal procedure status of the head of investigative body. Determination of the status is given in it is general legal sense, types of legal statuses, such as the general (constitutional), special (patrimonial), individual, the status of the foreigner and branch legal statuses are allocated. The discussion about a ratio of legal status and a legal status on the basis of which conclusions the author has divided concepts of legal and procedural status per se is given. Are carried to number of elements of legal status of the head of investigative body: the rights and duties provided by the Code of Criminal Procedure of the Russian Federation and specified departmental standard legal by acts of the Ministry of Internal Affairs of the Russian Federation, SK of Russia and FSB of Russia; the criminal liability regulated by the Criminal Code of the Russian Federation and the disciplinary responsibility provided by subordinate regulations for non-execution or inadequate execution of the procedural powers; procedural and administrative accountability of activity of the head of investigative body to the head of higher investigative body. Elements of the criminal procedure status of the designated participant of criminal trial, according to the author, are the rights and duties provided by the Code of Criminal Procedure of the Russian Federation; the accountability of activity of the head of investigative body to the head of higher investigative body regulated by the Code of Criminal Procedure of the Russian Federation. The author has also mentioned a discussion about existence of criminal procedure responsibility of participants of criminal legal proceedings. In article the maintenance of each of elements of the status and justification of reference of each of them to this or that type of the status is opened. Proceeding from the considered structure, the concept of the criminal procedure status of the head of investigative body as the position of the head of the investigative body including his procedural laws, duties and accountability to the head of higher investigative body regulated only by the Code of Criminal Procedure of the Russian Federation is formulated.

scholarly journals The Legal Status of Subjects of Corporate Relationships: Doctrinal and Law Enforcement Aspects

2021 ◽  
Vol 2 ◽  
pp. 3-7
Author(s):  
Oksana V. Cherkasova ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Status ◽  
Case Law ◽  
Civil Code ◽  
Law And Order ◽  
Generic Term ◽  
Foreign Law ◽  
The Russian Federation ◽  
The Right

The article reviews the legal status of subjects of corporate relationships, analyzes doctrinal and law enforcement aspects. The author analyzes the scientists’ standpoints, various models of interaction between the subjects of corporate relationships existing in foreign law and order, case law, arrives at conclusions about the correlation between the categories of the “right of participation”, “right of membership”, “right of management”. It is noted that the membership concept evolves out of participation by performing the function of a generic term. It is suggested to determine the “right of management” of a corporation as just one of the member’s activity areas along with other rights. The author recommends to ensure consistency of the provision of Article 2 of the Civil Code of the Russian Federation and Articles 65.2, 65.3 of the Civil Code of the Russian Federation where the concept of the “right of participation” would act as a basic one and the “right of management” would be its constituent part.

scholarly journals ON RESTRICTION OF INHERITANCE RIGHTS

2020 ◽  
Vol 4 ◽  
pp. 3-7
Author(s):  
Boris A. Bulaevskiy ◽  
Keyword(s):  
Species Diversity ◽  
Russian Federation ◽  
Research Methodology ◽  
Legal Regime ◽  
Conceptual Approach ◽  
Inheritance Law ◽  
Key Points ◽  
The Russian Federation ◽  
The Right

In the article, based on the analysis of the current civil legislation of the Russian Federation and in accordance with the research methodology proposed by the author, the possible directions of research on the issue of limiting inheritance rights are formulated. One of the key points of the research is the question of the species diversity of hereditary legal relations and, as a consequence, the diversity of hereditary rights. Examples of their legal regime are given. An assessment of its impact on the possibility of limiting inheritance rights and the form of such limitations is proposed. Attention is drawn to the nature of the inheritance right guaranteed by the Constitution of the Russian Federation and its development in civil legislation. Some aspects of the existence of hereditary rights in the dynamics of hereditary legal relations are analyzed. The main focus of the work is on understanding the category of «restriction» in law. Some possible grounds for limiting inheritance rights are determined. Demonstrated are the normative forms of restrictions on inheritance rights in the current civil legislation on the example of the right to accept inheritance and the right to a compulsory share in inheritance. The need for further research on various aspects of limiting inheritance rights in the context of the ongoing reform of inheritance legislation is noted. Attention is drawn to the need for a conceptual approach to reforming domestic inheritance law.

Legal And Procedural Status Of The Defender At The Pre-Investigation Stage

2020 ◽  
Vol 02 (10) ◽  
pp. 102-117
Author(s):  
Dilbar Chorieva ◽  
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
Depth Analysis ◽  
The Right

This article reveals an in-depth analysis of the pre-trial investigation stage, the individuals involved, as well as the role of defender and the procedural status of defender in pre-investigation inspection actions, and addresses the challenges at this stage in law enforcement practice today. The author provides substantiated scientific proposals on the development of a mechanism for the exercise of the right to protection in the pre-trial investigation and the determination of the legal status of participants in the pre-trial investigation, including the legal status and procedural status of defender, as well as their rights.

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