scholarly journals Historical aspect of the development of the institution of subject matter jurisdiction in civil proceedings

2019 ◽  
pp. 118-124
Author(s):  
E. S. Polushkin
Keyword(s):  
Subject Matter ◽  
Soviet Period ◽  
Main Task ◽  
Historical Aspect ◽  
Exclusive Jurisdiction ◽  
Civil Proceedings ◽  
The Subject ◽  
First Time ◽  
Revolutionary Period ◽  
Post Soviet Period

The author conducts a retrospective analysis of the institution of subject matter jurisdiction in Russian civil proceedings. The institution of subject matter jurisdiction originates in the pre-revolutionary period. To determine the mechanism of delimitation of competence between jurisdictional bodies, such concepts as “exclusive jurisdiction” or “establishment” were used. During this period, a distinction was made between the competence of administrative and judicial bodies.The concept of “subject matter jurisdiction” was enshrined in Soviet legislation for the first time ever. Moreover, in the scientific literature, subject matter jurisdiction is often identified with court jurisdiction. The main task of subject matter jurisdiction in the Soviet period was the division of competence between the courts of general jurisdiction and state arbitration. During this period, the subject and object criteria for delimitation of competence between the courts of general jurisdiction and other jurisdictional bodies, which are currently used, were formulated.In the post-Soviet period, the judiciary was finally separated from the executive and the courts acquired particular significance in resolving jurisdictional disputes. All large categories of cases were transferred to the jurisdiction of the judiciary. The creation of a system of arbitration courts has led to an even greater importance of the institution of subject matter jurisdiction. It was in the post-Soviet period that the categories of “subject matter jurisdiction” and “court jurisdiction” were finally delimited. As a result of the study, the author concludes that there is some continuity in the development of the institution of subject matter jurisdiction. 

scholarly journals A. A. Petrov. Istoriya izucheniya tunguso-manchzhurskih yazykov v Rossii (Ocherki i issledovaniya) [The history of the study of the Tungus-Manchu languages in Russia (sketches and researches)]

2020 ◽  
Vol 39 (4) ◽  
pp. 67-70
Author(s):  
Aleksey A. Burykin ◽  
Keyword(s):  
18Th Century ◽  
Far East ◽  
Soviet Period ◽  
The North ◽  
History Of ◽  
The Subject ◽  
Independent Work ◽  
Revolutionary Period ◽  
North Siberia ◽  
Post Soviet Period

This publication is a review of a new book by A. A. Petrov devoted to the history of the study of the Tungus-Manchu languages in Russia from the 18th century till the beginning of the 21st century. Reference books of this type on the Tungus-Manchu languages and other languages of the peoples of the North, Siberia and the Far East of Russia have not been published for over 70 years, and they are especially relevant due to the increase in the volume of publications on these languages, a significant part of which are regional publications of universities and Siberian scientific centers. The main part of the book is the literature on the Tungus-Manchu languages dating back to the 20th century. It is divided into three periods: the pre-revolutionary period (1900—1917), the Soviet period (1917—1991), and the Russian post-Soviet period (1992—2000). There is a certain logic in this: the biographies of most researchers of the older generation fit into one period, and each period reflects certain trends in views on the subject and asks of the study. The book includes a number of supplements for reference. These applications make the book by A. A. Petrov a convenient textbook for students of specialized universities, a guide for refresher courses for teachers of the Tungus-Manchu languages and independent work of teachers, and a guide for foreign researchers who may have difficulties with the Russian bibliography on the subject. A. A. Petrov’s book is unambiguously useful as an everyday reference book of literature on the Tungus-Manchu languages, although, of course, researchers of biographies of scientists as well as researchers of some special problems of studying Tungus-Manchu languages will turn to other sources that provide special requests.

Verification of court decisions in criminal cases: history and modernity

2021 ◽  
Author(s):  
Aleksandr Panokin
Keyword(s):  
Comparative Study ◽  
Doctoral Students ◽  
Judicial Review ◽  
Soviet Period ◽  
Court Decisions ◽  
Soviet System ◽  
Criminal Cases ◽  
Subsequent Transformation ◽  
The Subject ◽  
Post Soviet Period

The paper analyzes the historical retrospective and a comparative study of the verification of court decisions in criminal cases. The author traces the emergence of the idea of checking court decisions and the first experiments of its implementation, the transition from the "court with a judge" to the "audit" procedure for monitoring court decisions, and then to the consideration of complaints against court decisions as a continuation of the dispute between the parties and the formation of methods and procedures for reviewing criminal cases, depending on the subject of appeal. The features of the Romano-German and English models of judicial review are highlighted. Special attention is paid to the Soviet system of verification of sentences, rulings and definitions as the basis of the socialist model of judicial review and its subsequent transformation in Russia in the post-Soviet period. The monograph is intended for researchers, teachers, undergraduate, specialist, master's, postgraduate and doctoral students, as well as practicing lawyers.

scholarly journals Analysis of the development education state system in post-Soviet period if its evolution: historical aspect

10.12737/2533 ◽  
2013 ◽  
Vol 1 (6) ◽  
pp. 331-341 ◽  
Author(s):  
Юлия Тюрина ◽  
Yuliya Tyurina
Keyword(s):  
Management System ◽  
State System ◽  
Soviet Period ◽  
Development Education ◽  
Historical Aspect ◽  
Education Management ◽  
Post Soviet Period ◽  
Education Management System

Analysis of the education management system in the post-Soviet period of its evolution in Russia represented in this article can allow to get a fair and comprehensive idea about transformation of this institute for the period under review.

scholarly journals Opunomoćenici u upravnom sporu

2020 ◽  
Vol 41 (1) ◽  
pp. 69-85
Author(s):  
Marko Šikić ◽  
Mateja Held
Keyword(s):  
Subject Matter ◽  
Civil Procedure ◽  
Civil Proceedings ◽  
The Subject ◽  
Administrative Courts

Amendments to the Act on Administrative Disputes 2014 added paragraph 2 to the Article 21. It refers to the proper application of the provisions of the Civil Procedure Act in administrative disputes. The Croatian administrative courts have taken a restrictive approach in interpreting that provision, which excludes certain categories of persons from representing complainants and interested parties. The paper problematizes the concept of the authorised representatives in administrative disputes and emphasizes expertise and quality as important features of the representation in general, including the authorised representatives in administrative disputes. The comparative arrangements of European systems in the subject matter are also analysed. It is argued that when interpreting the representation provisions, it is necessary to consider the particularities of the administrative dispute, but also the formulation of the provision, which undoubtedly leaves room for interpretation, as it refers to the “appropriate” application of the provision governing representation in civil proceedings.

Paris Embraces Modern Art – But Not in Court: Opinion on the Cour d’Appel de Paris Decision – Jeff Koons v Franck Davidovici

2021 ◽  
Author(s):  
Moritz Sutterer
Keyword(s):  
Subject Matter ◽  
Modern Art ◽  
Applicable Law ◽  
Traditional Notion ◽  
The Us ◽  
Exceptions And Limitations ◽  
The Subject ◽  
First Time ◽  
Jeff Koons ◽  
Court Of Appeal

Abstract In February 2021 the Paris Court of Appeal (Cour d’appel de Paris) rendered a decision against the US artist Jeff Koons, holding that he had infringed copyright relating to an advertisement photography that was more than 30 years old. Jeff Koons is famous for his Neo-pop Appropriation art – kitsch for some, a provocative breach with the traditional notion of art for others. It was not the first time Koons has had to defend his work in court. The French decision is particularly interesting, however, as it shows a very narrow understanding of the copyright exceptions. It is an illustrative example of the issues resulting from CJEU’s approach in Pelham, Spiegel Online and Funke Medien, where the Court held that once the recognisability of original elements has been established, the only way out of the infringement leads through the formal exceptions and limitations of the InfoSoc Directive. Based on the decision, I will reflect on the openness of copyright for art-specific forms of referencing and in particular analyse the subject matter and scope of the parody exception and contrast it with less formal approaches to consider new creative elements. I will also analyse the question of applicable law in internet cases.

scholarly journals Prishvin and Trotsky: a Man “like a pharmacist” in the novel “The World Cup”, journalism and the Writer’s Diary

2021 ◽  
pp. 164-177
Author(s):  
A. M. Podoksenov ◽  
V. A. Telkova
Keyword(s):  
Soviet Period ◽  
Soviet Society ◽  
The Novel ◽  
Political Struggle ◽  
World Cup ◽  
Russian Art ◽  
The World ◽  
The Subject ◽  
Characteristic Features ◽  
First Time

The relevance of the study is due to the fact that the subject of the article is the question of the influence of L. D. Trotsky [Bronstein], who was one of the key leaders of Bolshevism, who headed the October Revolution, on the worldview and creativity of M. M. Prishvin, which has not yet been considered in the European studies. It is shown that in Russian art it is difficult to find an artist of the word, whose work would be to the same extent conditioned by the influence of the ideological and political context. The novelty of the study lies in the fact that for the first time an attempt was made to show how, through individual characters in his works, Prishvin in an artistic and figurative form reflected the characteristic features of behavior, everyday habits, the style of thinking and speech of Trotsky. Particular attention is paid to the analysis of previously unpublished due to censorship restrictions of the writer’s works: the story “The World Cup”, journalism of the revolutionary years and the 18-volume Diary, which became available to the reader only in the post-Soviet period. It is shown that, depicting Trotsky as a “pharmacist” who, according to his recipes, is trying to create the future of a huge country, Prishvin seeks not only to artistically reflect his moral appearance and personality traits, but also to convey the features of the ideological and political struggle in Soviet society.

scholarly journals The Institution of Recusal of Judges in Civil Proceedings: Historical Aspect

2021 ◽  
Vol 3 (1) ◽  
pp. 86-112
Author(s):  
Maxim E. Poskrebnev ◽  
Keyword(s):  
Historical Analysis ◽  
Soviet Period ◽  
Judicial Reform ◽  
Historical Aspect ◽  
Historical Method ◽  
Civil Proceedings ◽  
Comparison Results ◽  
History Of ◽  
Civil Laws ◽  
Correct Understanding

Introduction. This article is devoted to the study of the history of the development of the institution of recusal in civil proceedings. A number of separate norms of the Civil Procedure Code of the Russian Federation are devoted to the institution of recusal of a judge in civil proceedings. A correct understanding of these norms is possible with the help of their historical analysis. The study of the historical aspect of the institution of recusal of a judge in civil proceedings can be useful in developing new legislative initiatives on this issue, and can also contribute to the removal of controversial issues in this area. Theoretical Basis. Methods. A number of historical periods in the development of judicial recusal were studied: the period from the Council Code of 1649 in Russia to the Code of Civil Laws of 1832 in Russia, the period of the Charter of Civil Proceedings of 1864, the Soviet period, and the modern period. Special attention is paid to the Russian pre-revolutionary and Soviet periods of development of the institution of judicial recusal in civil proceedings. This approach is due to the fact that in these periods of development of the Institute, the rules of withdrawal are most similar to the modern rules of withdrawal. The study uses the historical method, as well as the method of analysis and comparison. Results. The results of the study are: familiarise the reader with the history of recusal in civil proceedings; a comparative analysis of the development of the Institute in different periods of history, the formation on this basis conclusions about the Genesis of the withdrawal; identify trends in the development of the institution of disqualification and the proposals on the prospects of its reforming. Discussion and Conclusion. The modern recusal is a receiver of the Soviet recusal, so it has all the main distinctive features of the Soviet recusal indicated in this article. Recent changes of the recusal can be grouped as follows. First, these are changes related to the judicial reform. These changes are detailed in the article. Secondly, the change of the recusal, which is a consequence of allowing the recognition of the judge as suspicious at any time of the trial, as well as the lack of responsibility for unscrupulous applicants of the recusal. The first group of changes is the result of judicial reform in general. The second change is an attempt by the modern legislator to correct an error in the rules of Soviet recusal, in which the recusal of a suspicious judge was allowed without a time limit.

scholarly journals A brief history of Business Ethics here and now

2017 ◽  
Vol 20 (7) ◽  
pp. 7-21
Author(s):  
Wojciech W. Gasparski
Keyword(s):  
Corporate Social Responsibility ◽  
Business Ethics ◽  
Social Responsibility ◽  
Subject Matter ◽  
Philosophical System ◽  
History Of ◽  
The Subject ◽  
Corporate Social ◽  
First Time

The article is a review of issues connected with business ethics and corporate social responsibility (CSR) in the last 20 years. Two decades have passed since the Sixth Polish Philosophical Congress took place in Toruń, where—for the first time in the history of Polish philosophical conventions—business ethics was recognized as a philosophical sub-discipline. It manifested itself in a special subsection of the Congress devoted to the topic, which was also kept at the next congress meetings. The paper is not a full review and most likely is not free from subjectivism. This is partly due to the fact that the subject matter falls within the scope of the philosophy of practicality—as the author interprets and refers to the philosophical system of Tadeusz Kotarbiński.

scholarly journals Development and current state of urban labour markets in Russia

2019 ◽  
Vol 3 (1) ◽  
pp. 75-90 ◽  
Author(s):  
Evgeny V. Antonov
Keyword(s):  
Labour Market ◽  
Full Range ◽  
The State ◽  
Labour Markets ◽  
Soviet Period ◽  
Regional Center ◽  
Current State ◽  
Urban Rural ◽  
First Time ◽  
Post Soviet Period

The purpose of the study is to identify key trends in the development of labour markets in the cities of Russia in the post-Soviet period and their current state. The parameters of sectoral employment of the population and the number of employees in urban districts of Russia in the period after 2010 are analyzed in detail. For the first time the state of the labour market of all cities of the country in a full range of organizations is investigated on the basis of data of the Federal Tax Service (FTS). The study confirms the existence of differences in the level of employment in cities of different size in different regions of the country, as well as the existence of an urban—rural and center—periphery (regional center — the rest of the region) gradient.

Sign in / Sign up

Export Citation Format

Share Document