scholarly journals THE NOTION OF THE CLAIM: PROBLEMS OF DEFINITION

Lex Russica ◽  
2020 ◽  
pp. 28-40
Author(s):  
V. N. Ivakin
Keyword(s):  
Civil Rights ◽  
Public Law ◽  
Administrative Procedure ◽  
Legitimate Interest ◽  
The Russian Federation ◽  
The Common ◽  
Definition Of ◽  
The Right ◽  
The Impact ◽  
Latin Term

The main form of protection of civil rights (in the broad sense) is the form of action bringing, the impact of which has increased significantly as a result of the transition to a market economy. This form has gained even wider application with the adoption of the Code of Administrative Procedure of the Russian Federation of March 8, 2015, that has introduced the institution of an administrative action in relation to cases arising from administrative and other relations regulated in the context of public law. However, the question concerning the concept of the action, regarding which in the legal science several concepts are being applied, remains unclear and the paper examines different concepts dealing with the notion of the action. In particular, according to the author, the term “action” does not mean a legal act. This view is based on the common identification of the Russian term “isk” with the Latin term actio that literally meaning “action.” The article also subjects to extensive criticism an outdated doctrine about the action in procedural and substantive senses. Attention is also drawn to the shortcomings of the doctrine that treats the action as the unity of the two parties — procedural (the applicant’s claim to the court) and substantive (the applicant’s claim to the defendant). The author has examined the inconsistency of the doctrine of the lawsuit developed by G. L. Osokina treating the action as the claim to protect a right and at the same time to admit the existence of the right to bring an action in a procedural and substantive sense. Also, the article analyzes the shortcomings of the definitions of the action given by V. V. Yarkov and O. V. Isaenkova. In conclusion, the author substantiates and gives his own definition of the concept of the action as the request addressed to court by the person concerned, submitted and considered in a certain procedural order in order to protect the violated right. The concept under consideration is also defined as the right that requires confirmation, freedom or legitimate interest and the direct exercise of the right or the satisfaction of a legitimate interest for which another person is held liable.

scholarly journals Constitutional Rights in the Sphere of Entrepreneurial Activity and Peculiarities of Holders of Such Constitutional Rights

2019 ◽  
pp. 66-72
Author(s):  
E. M. Yakimova
Keyword(s):  
Civil Rights ◽  
Entrepreneurial Activity ◽  
Constitutional Rights ◽  
Economic Activities ◽  
Economic Rights ◽  
Component Structure ◽  
The Russian Federation ◽  
Constitutional Right ◽  
Definition Of ◽  
The Right

Constitutions of the majority of countries of the world contain a detailed catalogue of human and civil rights and freedoms that tends to expand. At the same time, the essence of economic rights is defined in the regulation of the rights of the “second” generation and is associated with the recognition of property rights and the right to carry out activities aimed at obtaining income. In the process of drafting modern constitutions, States only specify the rights in question. The constitutional right to the free use of one’s abilities and property for entrepreneurial and other economic activities not prohibited by law is considered in this article as a basic, but not the only right in the sphere of entrepreneurial activity. A special feature of the implementation of the right under consideration is its special range of holders of the right in question. It is concluded that the construction of Article 34 of the Constitution of the Russian Federation has a two-component structure (denotes two types of activity: entrepreneurial and other economic activities). Such a design determines the definition of the range of holders of the right under consideration: the range of holders of the right depends on whether the issue involves only entrepreneurial or any other economic activities.

scholarly journals Civil Right Protection Limits: Issues of the Theory and Practice

CIVIL LAW ◽  
2021 ◽  
Vol 1 ◽  
pp. 11-14
Author(s):  
Aleksandr B. Stepin ◽  
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Theory And Practice ◽  
Legal Proceedings ◽  
Administrative Procedure ◽  
Rights Protection ◽  
The Russian Federation ◽  
State And Local ◽  
The Right ◽  
Judicial Protection

Civil rights protection is an independent sphere of legal activity where subjective civil rights and powers of state and local self-government bodies and their officials are implemented. Ensuring compliance (coherence, balance) of the implementation of civil rights and individual public powers with the norms(s) of the law is achieved by means of limits (rules) judicial and non-judicial protection. The limits of protection are a system concept that combines the (internal) limits (rules) of the exercise of subjective civil rights (art. 10 of the civil code of the Russian Federation) and (external) limits (rules)of the authority granted (in the proper administrative procedure). They are considered together and characterize the officially established order of protection. When resolving complex issues of law enforcement related to the type of legal proceedings, the choice of the form and appropriate method of protection, etc., the limits allow you to avoid and (or) minimize the possible risks of adverse consequences in the implementation of the right to protection. At the stages of applying, securing and restoring the violated (disputed) right, the limits determine the sequence of implementation of the methods (means) of protection, the model of behavior, the scope of actions (inaction) of the counterparty, etc.

scholarly journals Relations on Taxes Imposition as General Regulatory Tax Relations

Lex Russica ◽  
2019 ◽  
pp. 60-71
Author(s):  
S. A. Yadrikhinskiy
Keyword(s):  
Legal Status ◽  
Public Law ◽  
Regulatory Control ◽  
Active Involvement ◽  
Legitimate Interest ◽  
Legal Relationship ◽  
Legal Nature ◽  
Legitimate Interests ◽  
The Russian Federation ◽  
The Right

In the paper the author attempts to define the legal nature of relations regarding establishment and introduction of taxes and fees in the Russian Federation. The author refutes the traditional ideas about the absolute model of such legal relations, as the alleged circle of obligated persons does not have the potential to prevent implementation of the sovereign right of the authorized party. It is concluded that relations concerning the imposition of taxes amount to general regulatory relations with broader legal relations, where the right of the authorized person corresponds to the legal status manifesting connectedness, dependence of the opposing subject as the actions of the authorized entity inevitably affect his or her interest. The author identifies the subjects (participants) in such relations and analyzes the peculiarity of their interaction that is manifested in a bilateral (mutual) legal relationship. The paper demonstrates the rights-obligations status of the participants of such relations through direct and reverse legal relations. The State acts not only as a holder of power, but also as the main guarantor of the rights and legitimate interests of all citizens. The article scrutinizes the content of the legitimate interest of the taxpayer based on the fundamental principles of tax law and determining the lawmaker’s behavior.Based on the analysis of the legal relationship between a public law entity and the taxpayer, the author outlines the boundaries of discretionary powers and criteria of discretion of the legislator in the process of imposition of taxes. The tools of reasonable deterrence of fiscal appetite include legal requirements, as well as constitutional and legal justification of legislative decisions.The author emphasizes the importance of active involvement of the taxpayer in the process of regulatory control of legislative provisions.

1. Introduction to the law of evidence

2017 ◽  
Author(s):  
Richard Glover
Keyword(s):  
European Convention ◽  
Law System ◽  
Rules Of Evidence ◽  
The Common ◽  
The Law ◽  
Definition Of ◽  
The Right ◽  
Law Of Evidence ◽  
The Impact

This chapter provides an overview of the law of evidence. It discusses the definition of evidence and how the law of evidence differs from the science or philosophy of evidence; the characteristics of the judicial trial that demand a particular legal approach to the presentation and use of evidence including, on occasion, its exclusion; the development of the rules of evidence in the common law system and the factors that influenced this; the classification of the rules of evidence; and the impact of the European Convention on Human Rights, in particular the provisions relating to the right to a fair trial.

The Legal Status of Cryptocurrencies in the Russian Federation

2018 ◽  
Vol 11 (2) ◽  
pp. 129-137 ◽  
Author(s):  
E. L. Sidorenko
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Legal Status ◽  
Virtual Currency ◽  
Content Analysis Method ◽  
Crypto Currency ◽  
The Subject ◽  
The Russian Federation ◽  
Historical Comparative ◽  
Definition Of

The paper focuses on the definition of the legal status of the cryptocurrency in the framework of the current Russian legislation. The subject of the research is the principal scientific and practical approaches to determining the object of civil rights and the object of acquisitive crimes in terms of their adaptability to cryptocurrencies. The purposes of the work were the search for a universal algorithm for resolving civil disputes related to the turnover of the crypto currency, and the qualification of the virtual currency theft (fraud). By using historical, comparative legal and dialectical methods as well as the content analysis method parallels between cryptocurrencies and individual objects of civil rights (a thing, property rights, other property) were drawn, and a number of options for qualifying the actions related to the non-repayable withdrawal of the cryptocurrency were proposed. Finally, the paper analyzes the draft laws prepared by the RF Ministry of Finance and the Central Bank of the Russian Federation and presents the author’s vision of the prospects for legalizing the cryptocurrency as an object of civil rights.

scholarly journals Viscoelastometric Testing to Assess Hemostasis of COVID-19: A Systematic Review

2021 ◽  
Vol 10 (8) ◽  
pp. 1740
Author(s):  
Marion Bareille ◽  
Michaël Hardy ◽  
Jonathan Douxfils ◽  
Stéphanie Roullet ◽  
Dominique Lasne ◽  
...  
Keyword(s):  
Systematic Review ◽  
Mechanical Strength ◽  
Small Sample ◽  
The Common ◽  
Small Sample Sizes ◽  
Definition Of ◽  
Reported Data ◽  
Prophylactic Anticoagulation ◽  
The Impact ◽  
Heparin Neutralization

Infection by SARS-CoV-2 is associated with a high risk of thrombosis. The laboratory documentation of hypercoagulability and impaired fibrinolysis remains a challenge. Our aim was to assess the potential usefulness of viscoelastometric testing (VET) to predict thrombotic events in COVID-19 patients according to the literature. We also (i) analyzed the impact of anticoagulation and the methods used to neutralize heparin, (ii) analyzed whether maximal clot mechanical strength brings more information than Clauss fibrinogen, and (iii) critically scrutinized the diagnosis of hypofibrinolysis. We performed a systematic search in PubMed and Scopus databases until December 31st, 2020. VET methods and parameters, and patients’ features and outcomes were extracted. VET was performed for 1063 patients (893 intensive care unit (ICU) and 170 non-ICU, 44 studies). There was extensive heterogeneity concerning study design, VET device used (ROTEM, TEG, Quantra and ClotPro) and reagents (with non-systematic use of heparin neutralization), timing of assay, and definition of hypercoagulable state. Notably, only 4 out of 25 studies using ROTEM reported data with heparinase (HEPTEM). The common findings were increased clot mechanical strength mainly due to excessive fibrinogen component and impaired to absent fibrinolysis, more conspicuous in the presence of an added plasminogen activator. Only 4 studies out of the 16 that addressed the point found an association of VETs with thrombotic events. So-called functional fibrinogen assessed by VETs showed a variable correlation with Clauss fibrinogen. Abnormal VET pattern, often evidenced despite standard prophylactic anticoagulation, tended to normalize after increased dosing. VET studies reported heterogeneity, and small sample sizes do not support an association between the poorly defined prothrombotic phenotype of COVID-19 and thrombotic events.

Alcohol Problem Prevention: A “Common Sense” Approach

1987 ◽  
Vol 17 (4) ◽  
pp. 369-393
Author(s):  
Selden D. Bacon
Keyword(s):  
Common Sense ◽  
Direct Methods ◽  
The United States ◽  
Alcohol Problems ◽  
The Social ◽  
The Common ◽  
Definition Of ◽  
The Impact ◽  
Alcohol Related Problems ◽  
Social Science Approach

In view of the low likelihood of the acceptance of the social science approach to alcohol problems proposed several years ago, a “common sense” approach is suggested as an alternative. Several assumptions guide this proposal, the principal one being the absence of any significant progress in the reduction of alcohol problems in the United States over the past 200 years. By the development of a common vocabulary and direct methods of observation and data collection, the “common sense” approach would provide for identifying the strengths of the multitude of past and current efforts in dealing with alcohol problems in terms of both intervention and prevention. The guiding criterion in such an approach would be the impact on alcoholism and alcohol-related problems, the definition of which would be a major task of the research.

Governing Fake News: The Regulation of Social Media and the Right to Freedom of Expression in the Era of Emergency

2021 ◽  
pp. 1-41
Author(s):  
Donato VESE
Keyword(s):  
Social Media ◽  
Freedom Of Expression ◽  
Self Regulation ◽  
Public Law ◽  
Fake News ◽  
Human Right ◽  
Social Media Platforms ◽  
Definition Of ◽  
The Right ◽  
Media Censorship

Governments around the world are strictly regulating information on social media in the interests of addressing fake news. There is, however, a risk that the uncontrolled spread of information could increase the adverse effects of the COVID-19 health emergency through the influence of false and misleading news. Yet governments may well use health emergency regulation as a pretext for implementing draconian restrictions on the right to freedom of expression, as well as increasing social media censorship (ie chilling effects). This article seeks to challenge the stringent legislative and administrative measures governments have recently put in place in order to analyse their negative implications for the right to freedom of expression and to suggest different regulatory approaches in the context of public law. These controversial government policies are discussed in order to clarify why freedom of expression cannot be allowed to be jeopardised in the process of trying to manage fake news. Firstly, an analysis of the legal definition of fake news in academia is presented in order to establish the essential characteristics of the phenomenon (Section II). Secondly, the legislative and administrative measures implemented by governments at both international (Section III) and European Union (EU) levels (Section IV) are assessed, showing how they may undermine a core human right by curtailing freedom of expression. Then, starting from the premise of social media as a “watchdog” of democracy and moving on to the contention that fake news is a phenomenon of “mature” democracy, the article argues that public law already protects freedom of expression and ensures its effectiveness at the international and EU levels through some fundamental rules (Section V). There follows a discussion of the key regulatory approaches, and, as alternatives to government intervention, self-regulation and especially empowering users are proposed as strategies to effectively manage fake news by mitigating the risks of undue interference by regulators in the right to freedom of expression (Section VI). The article concludes by offering some remarks on the proposed solution and in particular by recommending the implementation of reliability ratings on social media platforms (Section VII).

The Perception of Russia in Europe in Context of Ukrainian Crisis

2015 ◽  
pp. 24-34
Author(s):  
N. Lapina
Keyword(s):  
Foreign Policy ◽  
Political Elites ◽  
Political Forces ◽  
Fruitful Cooperation ◽  
European Business ◽  
The Russian Federation ◽  
Ukrainian Crisis ◽  
The Right ◽  
The Impact

This article deals with the impact of various factors on the perception of Russia in different European countries. The focus is on the role of mass media, expert and political elites in forming of Russia's image, especially in the context of Ukrainian crisis. In this article, the reaction of different European counties to events in Ukraine, the polarization of European space is analyzed: some countries prefer to put a pressure on the Russian Federation, other – to find a way out of the critical situation and reach a compromise. Some political establishment representatives in France, Germany, Czech Republic support Russia and the reunification with Crimea, dispute sanctions against Russia. For such politicians, this support results from anti-American views and independent foreign policy aspirations. Other representatives of the European elite demand tougher approach and more pressure on Russia by any means whatsoever (including military ones). European business-communities reveal great interest in solving issues related to sanctions. Many entrepreneurs in Europe (in particular major corporations in France, UK, Germany, Italy), who profit from long and fruitful cooperation with Russia, are against anti-Russian sanctions. In view of the Ukrainian crisis, Russia has to face and solve various important issues. How can Russia implement a modernization project after burning all traditional bridges to the West and western friends and partners? What is the right way for Russian foreign policy to support and defend Russian-speaking people all over the world? Which European political forces can provide support to Russia? How can civil society affect and influence cooperation between Russia and Europe?

scholarly journals GOOD FAITH IN FRANCHISE CONTRACT

2020 ◽  
Vol 5 (19) ◽  
pp. 118-127
Author(s):  
Nurli Yaacob ◽  
Nasri Naiimi
Keyword(s):  
Common Law ◽  
Good Faith ◽  
Relational Contracts ◽  
Law System ◽  
Freedom Of Contract ◽  
Term Contract ◽  
The Common ◽  
Definition Of ◽  
The Right

Good faith has been defined as justice, fairness, reasonableness, decency, taking no chances, and so on. The concept of good faith has long been rooted in contract law under the jurisdiction of Civil law, although the definition of it is still debated until today. However, the view of the Common Law tradition does not recognize the concept of good faith as long as the contract is entered into with the freedom of contract and both parties abide by the terms of the contract. Given that a franchise contract involves a long-term contract and always been developed, it is impossible to define both rights and responsibilities base on express terms only. As such, the franchise contract gives the franchisor the right to exercise its discretion in executing the contract. It is in this context that the element of good faith is very important to ensure that the franchisor does not take advantage of the franchisee and that the business continues to prosper. Therefore, the objective of this article is to discuss the concept of good faith in a franchise contract. The findings show that the common law system that initially rejected the application of the concept of good faith also changed its approach and began to recognize the concept of good faith as it is very important for relational contracts such as franchise contracts.

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