scholarly journals LENDING RIGHT AND INSOLVENCY ESTATE

2020 ◽  
pp. 121-129
Author(s):  
S. S. Galkin
Keyword(s):  
Well Being ◽  
Legal Regulation ◽  
Theoretical Concept ◽  
Economic Costs ◽  
Flexible System ◽  
Judicial Practice ◽  
Definition Of ◽  
Legal Consequences ◽  
Relevant Factors ◽  
Economic Well Being

The article analyzes the practical aspects of inclusion the lending right into the insolvency estate. Based on the analysis of existing legal regulations and judicial practice of their application, there are existing restrictions on the inclusion of lending rights in the insolvency state. These restrictions are analysed from a balance of interests of the owner, the debtor and his creditors, as well as the correct distribution of economic costs while providing priority protection to each of these entities. Based on the concept of flexible legal regulation, the author formulates possible approaches (de lege ferenda and de lege lata) to solving this problem. The article focuses on the definition of the elements of the theoretical concept of a flexible system of protecting rights in insolvency. This concept includes, for example, the following aspects: firstly, the need to relativize those absolute defenses that can directly negatively affect the general economic well-being (In this case, the insolvency estate), secondly, the enforcement search for the scope of the protection provided should be carried out by judicial weighing and procedural assessment of various relevant factors, as well as the corresponding gradation of legal consequences, which should be identified by legislator or superior court.

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 JURISDICTION OF APPLICATIONS FOR THE REVISION OF JUDICIAL ACTS ON NEWLY DISCOVERED OR NEW CIRCUMSTANCES AND THE PROCEDURAL AND LEGAL CONSEQUENCES OF ITS VIOLATION

2020 ◽  
Vol 24 (4) ◽  
pp. 1141-1168
Author(s):  
Safura T. Bagylly ◽  
Larisa N. Pavlova
Keyword(s):  
Legal Regulation ◽  
Court Decisions ◽  
Unified Approach ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Scientific Analysis ◽  
Domestic Legislation ◽  
General Scientific ◽  
Administrative Proceedings ◽  
Legal Consequences

The article deals with the problematic items of choosing a court competent to review court decisions that have entered into legal force on newly discovered or new circumstances in civil and administrative proceedings. The aim of the authors is to conduct a study of the legal regulation of the jurisdiction of applications for review. The methodological basis of the article was formed by general scientific (analysis, analogy, description, synthesis, and systemic approach) and particular scientific methods (historical-legal, comparative-legal, and formal-legal). A retrospective analysis of legal acts of domestic legislation has been carried out. According to the results of the study, difficulties relate to interpreting and applying the existing rules on determining the appropriate instance for revision. Based on the analysis of the judicial practice of courts of general jurisdiction and arbitral courts, the authors come to the conclusion that there is no unified approach of the courts in determining the procedural and legal consequences of violations of the rules of jurisdiction. The conclusion summarizes proposals for improving the current legislation to eliminate ambiguities and achieve uniformity in judicial practice.

scholarly journals The Economic Consequences of Gray Divorce for Women and Men

2020 ◽  
Author(s):  
I-Fen Lin ◽  
Susan L Brown
Keyword(s):  
Gender Gap ◽  
Divorce Rate ◽  
Well Being ◽  
Economic Consequences ◽  
Standard Of Living ◽  
Economic Disadvantage ◽  
Economic Costs ◽  
Random Effects Models ◽  
Retirement Study ◽  
Economic Well Being

Abstract Objectives Gray divorce, which describes divorce among persons aged 50 and older, is increasingly common reflecting the doubling of the gray divorce rate since 1990. Yet, surprisingly little is known about the consequences of gray divorce and in particular how women and men fare economically during the aftermath. Method Using longitudinal data from the 2004–2014 Health and Retirement Study, we estimated hybrid fixed/random-effects models comparing women’s and men’s economic well-being prior to, during, and following gray divorce and subsequent repartnering. Results Women experienced a 45% decline in their standard of living (measured by an income-to-needs ratio), whereas men’s dropped by just 21%. These declines persisted over time for men, and only reversed for women following repartnering, which essentially offset women’s losses associated with gray divorce. No gender gap emerged for changes in wealth following divorce with both women and men experiencing roughly a 50% drop. Similarly, repartnering was ameliorative only for women’s wealth. Discussion Gray divorce is often financially devastating, especially for women. Although repartnering seems to reverse most of the economic costs of gray divorce for women, few form new co-residential unions after divorce. This study offers a cautionary tale about the financial aftermath of gray divorce, which is likely to contribute to growing economic disadvantage among older adults.

scholarly journals Legacies of Slavery and Popular Traditions of Freedom in Southern Senegal (1860–1960)

2017 ◽  
Vol 2 (1-2) ◽  
pp. 72-99
Author(s):  
Alice Bellagamba
Keyword(s):  
Social Relations ◽  
Well Being ◽  
Colonial Period ◽  
Late Nineteenth Century ◽  
Historical Period ◽  
Social Changes ◽  
Early Colonial ◽  
Before And After ◽  
Definition Of ◽  
Economic Well Being

This study examines the historical linkages that developed between experiences of enslavement, the legacies of slavery, and ideas of freedom before and after abolition in the early twentieth century in an area of southern Senegal known today as the Kolda region. In the Fulfulde language, spoken by the majority of the population, there are several terms and expressions to talk about freedom. The first is ndimaaku, which people tend to equate with nobility and dignity. This is the freedom of the olden days of slavery, when the capacities and qualities of the male or female freeborn stood in stark contrast to those of the slave, and being free meant not having been a slave in the first place. The second term is heɓtaare, i.e., freedom in the sense of tranquility, economic well-being, and a general ease in life and social relations. The expression jeyaal-hoore mun conveys a sense of independence, self-mastery and autonomy, while heɓtugol hoore mun literally means to retrieve one’s head, the center of individual thought and capacity for independent action. Politically, heɓtugol hoore mun stands for the end of colonial rule and the achievement of national independence. Socially, it refers to the emancipation of subordinated groups, like the youth and women, and it describes slaves who freed themselves from their masters. Drawing from archival sources and oral history, this essay attempts to reconstruct the discursive reconfigurations of local ideas of freedom within the context of the political and social changes that affected the Kolda region in the late nineteenth century, the early colonial period, and the years before decolonization. Each historical period had its own actors, dynamics and complexities in which slavery and then legacies of slavery played a role in the definition of freedom and the entitlement of people to its benefits. As demonstrated here, however, liberation paved the way for other forms of subjugation.

scholarly journals Legal Mechanisms for Digitalization of the Activities of Prosecution Authorities

2021 ◽  
Vol 93 ◽  
pp. 02018
Author(s):  
Anna Churikova ◽  
Nina Manova ◽  
Mikhail Lavnov
Keyword(s):  
Law Enforcement ◽  
Well Being ◽  
Legal Regulation ◽  
Criminal Prosecution ◽  
Law Enforcement Agencies ◽  
Scientific Methods ◽  
The Social ◽  
State And Society ◽  
General Scientific ◽  
Economic Well Being

Prosecution authorities in most countries act as guarantors of the legality and validity of criminal prosecution, thereby ensuring the social and economic well-being of the state and society. Outdated paper forms of interaction between prosecution authorities and other law enforcement agencies in criminal investigations overload the existing system and make it less effective. Using the main general scientific methods of cognition, the authors come to the conclusion that it is necessary to improve the legal regulation of the digitalization of the prosecution authorities. As a result of the study, three main tasks have been identified to which the digitalization of the activities of the prosecution authorities should be directed.

Ochrona gatunków rodzimych przed inwazjami biologicznymi

2019 ◽  
Vol 78 ◽  
pp. 348-358
Author(s):  
Emilia Nawrotek
Keyword(s):  
Invasive Species ◽  
Alien Species ◽  
Native Species ◽  
Invasive Alien Species ◽  
Well Being ◽  
Legal Regulation ◽  
Alien Invasive Species ◽  
Agricultural Systems ◽  
Health And Economic Development ◽  
Economic Well Being

Invasive alien species are a threat to biodiversity and food security, health and economic development. These species are causing enormous damage to biodiversity and the valuable natural agricultural systems upon which we depend. Globalisation, trade, travel, and transport of goods across borders they have facilitated the spread of invasive alien species. The spread of invasive alien species is now recognised as one of the greatest threats to the ecological and economic well being of the planet. The aim of the article is to analyze and attempt to assess the legal regulation relating protection native species against alien invasive species and alien species.

scholarly journals The Protection of the Worker`s Right to Freedom of Association: the ECtHR Case-Law

2021 ◽  
Vol 4 (1) ◽  
pp. 166-185
Keyword(s):  
Collective Bargaining ◽  
Trade Unions ◽  
Well Being ◽  
Case Law ◽  
Legal Regulation ◽  
Freedom Of Association ◽  
Collective Redress ◽  
Wide Range ◽  
The Right ◽  
Economic Well Being

The article is devoted to the study of the freedom of association of workers as an important element of the mechanism of the protection of labour rights, and also as a tool for effective social dialogue aimed at improving working conditions and ensuring the socio-economic well-being of workers. It is established that although the right to form and join trade unions under the ECHR is part of the right to freedom of association, its content is quite broad, as it is determined by the purpose of such association, which is to protect the interests of workers. Therefore, a wide range of collective redress, including the right to collective bargaining and the right to strike, are now an integral part of the right of workers to form or join trade unions. The study pays special attention to the analysis of the case-law of the ECtHR, which allowed the author to identify key elements of the content of the right of employees to association and determine the positive and negative obligations of the state that are necessary to ensure its effectiveness and protection. Taking this analysis into account and examining the national case-law, gaps in the legal regulation of freedom of association of workers in Ukraine have been identified, and proposals for their elimination have been made. Keywords: freedom of association; trade union; protection against discrimination; strike; collective bargaining; case-law of the ECtHR

scholarly journals Legal Definition of Irresistible Force in the Civil Law of Russia and China

2021 ◽  
Vol 8 (3) ◽  
pp. 93-120
Author(s):  
S. Zimneva ◽  
T. Popova ◽  
H. Siao
Keyword(s):  
Civil Law ◽  
Theoretical Concept ◽  
Republic Of China ◽  
Legal Definition ◽  
Judicial Practice ◽  
Legal Literature ◽  
Force Majeure ◽  
Coronavirus Infection ◽  
Russian Law ◽  
Definition Of

The research focus is on concept of force majeure and irresistible force as a reason to release the parties from liability for failure to perform civil obligations. The authors examine theoretical concept and legal definition of “irresistible force” and its characteristics based on legislation, legal literature and judicial practice of the Russian Federation and the People’s Republic of China. Also, the authors analyze the civil law jurisdictions on irresistible force, relatively to its ambiguity and situation with the spread of the new coronavirus infection (COVID-19) and come to the conclusion that courts in each specific case should establish irresistible force circumstances. The work uses a linguistic (philological) method, in particular, the method of distributive analysis of the terms “irresistible force” and “force majeure.” The article shows that in modern Russian law the expression “irresistible force circumstances” has more efficient terminological potential. The authors propose implementation of “irresistible force circumstances” concept in the Russian Civil Code, which would more accurately reflect the essence of this concept.

scholarly journals Electronic document flow as evidence in civil proceeding: evaluation features and application problems

2021 ◽  
Vol 109 ◽  
pp. 01039
Author(s):  
G.V. Stankevich ◽  
I.M. Vilgonenko ◽  
Y.N. Slepenok ◽  
O.M. Litvishko
Keyword(s):  
Information Technologies ◽  
Legal Regulation ◽  
Electronic Document ◽  
Electronic Evidence ◽  
Judicial Practice ◽  
Procedural Code ◽  
Civil Proceeding ◽  
The Russian Federation ◽  
Document Flow ◽  
Definition Of

Due to the development of information technologies, electronic document flow is actively becoming a part of modern life, and the activity of courts is not an exception. Electronic documents are increasingly considered by courts as evidence in civil cases. Judicial practice faces certain problems when evaluating such evidence due to the insufficiency of legal regulation of such kind of evidence. The article examines the theoretical and practical aspects of the existence of an electronic document as a type of written evidence, attempts to reveal the essence of an electronic document, define its features as compared to a traditional written document, and analyzes the approaches to the definition of the concept of ‘electronic document’, which have developed in Russian legal science. The analysis of the practice in the application of an electronic document as evidence with regard to relevance, admissibility and adequacy is carried out. Certain problems which judges have to face when using an electronic document as evidence have been identified. The authors’ understanding of an electronic document is submitted, the framework of problems and gaps under current civil procedure legislation is defined, and methods of solution are proposed. The need to define an independent type of evidence – electronic evidence is substantiated, with it further being enshrined in the Civil Procedural Code of the Russian Federation, as well as to formalize in legislation the concept of an ‘electronic information medium’.

scholarly journals Strict Physical Distancing May Be More Efficient: A Mathematical Argument for Making Lockdowns Count

2020 ◽  
Author(s):  
Scott R Sheffield ◽  
Anna York ◽  
Nicole A Swartwood ◽  
Alyssa Bilinski ◽  
Anne Williamson ◽  
...  
Keyword(s):  
Public Health ◽  
Well Being ◽  
Simple Mathematical Model ◽  
Global Public Health ◽  
Economic Costs ◽  
Health Measures ◽  
Trade Offs ◽  
The Impact ◽  
Model Structures ◽  
Economic Well Being

COVID-19 created a global public health and economic emergency. Policymakers acted quickly and decisively to contain the spread of disease through physical distancing measures. However, these measures also impact physical, mental and economic well-being, creating difficult trade-offs. Here we use a simple mathematical model to explore the balance between public health measures and their associated social and economic costs. Across a range of cost-functions and model structures, commitment to intermittent and strict social distancing measures leads to better overall outcomes than temporally consistent implementation of moderate physical distancing measures. With regard to the trade-offs that policymakers may soon face, our results emphasize that economic and health outcomes do not exist in full competition. Compared to consistent moderation, intermittently strict policies can better mitigate the impact of the pandemic on both of these priorities for a range of plausible utility functions.

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