scholarly journals The Function of Judicial Practice Concerning the Reform of the Japanese Civil Code (Example of “Contract for Work”)

2020 ◽  
Vol 29 (3) ◽  
pp. 163
Author(s):  
Yachiko Yamada
Keyword(s):  
Legal Status ◽  
Civil Code ◽  
Judicial Practice ◽  
The Relationship ◽  
Code Reform ◽  
Law Making

<p>This paper examines the role of judicial jurisdiction in law-making process in statute countries. The analysis focused on the reformed Japanese Civil Code, which entered into force on 1 April 2020, and more specifically on the conflict between the reformed Civil Code and the precedents of previous legal status. The purpose of the paper was to emphasize that it is extremely important to consider the relationship between new rules and previous precedents. By using the reformed rules of “contract for work” in the Japanese Civil Code reform, this article analyzes and explains the meaning of precedent in law-making process.</p>

Parliamentarism and the Legislative Branch

2017 ◽  
Author(s):  
András Sajó ◽  
Renáta Uitz
Keyword(s):  
Decision Making ◽  
Political Parties ◽  
Legislative Branch ◽  
Effective Decision ◽  
The Law ◽  
Internal Operations ◽  
Effective Decision Making ◽  
The Relationship ◽  
Law Making

This chapter examines the relationship between parliamentarism and the legislative branch. It explores the evolution of the legislative branch, leading to disillusionment with the rationalized law-making factory, a venture run by political parties beyond the reach of constitutional rules. The rise of democratically bred party rule is positioned between the forces favouring free debate versus effective decision-making in the legislature. The chapter analyses the institutional make-up and internal operations of the legislature, the role of the opposition in the legislative assembly, and explores the benefits of bicameralism for boosting the powers of the legislative branch. Finally, it looks at the law-making process and its outsourcing via delegating legislative powers to the executive.

Scientific Commentary on the Review of Judicial Practice on Some Issues of the Application of Legislation on Business Entities

2021 ◽  
Vol 6 ◽  
pp. 27-32
Author(s):  
V. K. Andreev ◽  
Keyword(s):  
Public Relations ◽  
Supreme Court ◽  
Russian Federation ◽  
Separation Of Powers ◽  
Civil Code ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Business Entities ◽  
Law Making

The article discusses the forms of clarification on matters of judicial practice by the Plenum of the Supreme Court of the Russian Federation, the Presidium of the Supreme Court, as well as in the Review of judicial practice on some issues of the application of legislation on business companies dated December 25, 2019. Clarifications of the Supreme Court of the Russian Federation on issues of judicial practice are characterized as the positions of the courts identified in the course of studying and summarizing the judicial practice of the corresponding category of cases, which are acts of individual regulation of public relations. Focusing on Art. 6 of the Civil Code of the Russian Federation and Section 6, Art. 12 of the APC RF shows the validity of dividing wrong into two types of wrong: the «moderate» type of «judicial law-making and the position of the court» and the «radical» type of «judicial law-making», when the court develops the rule of law, which contradicts the constitutional principle of separation of powers. When resolving corporate disputes, it is necessary to investigate whether the charter of a non-public company does not contain the rights and obligations of its participants, which they themselves created by making a unanimous decision and including them in the charter of the company (paragraph 3 of Art. 66.3 of the Civil Code of the Russian Federation, paragraph 3 of Art. 14 of the Law about LLC).

Updated "state-society contract" as a way to rationalization of national projects in Russia

2021 ◽  
pp. 7-14
Author(s):  
T.I. Grabelnykh ◽  
◽  
N.A. Sablina ◽  
A.N. Parkhomenko
Keyword(s):  
Public Administration ◽  
Legal Status ◽  
Russian Society ◽  
Administration System ◽  
Public Control ◽  
The Public ◽  
State And Society ◽  
Conceptual Foundations ◽  
The Relationship

Researched are systemic aspects of the process of implementing national projects in Russia. Attention is focused on effectiveness of solving key problems of development of the public administration system in the context of the relationship between the state and society under modern conditions. The institution of public control in Russia is characterized through prerequisites of formation, organizational and legal status and main functions. The work defines the place and role of the institution of public opinion in the system of public administration and public control, substantiates its regulatory mechanisms, factors and agents of influence. In the aspect of systemic relationship between public administration and public control, the specificity of implementation of national projects in the transforming Russian society is revealed. A sociological vision of the “reset” of conceptual foundations of interrelationships between the public administration system and the institution of public control both at the stage of “entering” the space of national projects and in the process of their implementation is presented. It has been proved, that at the present stage the main integrating factor is consolidation of society through an updated "state-society contract". The analysis of historical and modern practices of public participation made it possible to draw a conclusion about the increase in the function of “co-management” of public control bodies in the interaction of state and public structures.

scholarly journals FEATURES OF JUDICIAL CASES INVOLVING WOMEN IN THE FATIMID CALIPHATE IN THE 10TH–12TH CENTURIES (historical and legal analysis)

2020 ◽  
pp. 249-253
Author(s):  
Faridun Z. Zavurbekov
Keyword(s):  
Legal Status ◽  
Negative Attitude ◽  
Special Role ◽  
Legal Analysis ◽  
Criminal Cases ◽  
Judicial Process ◽  
Judicial Practice ◽  
Marriage Contract ◽  
History Of

The article deals with the rights of women in the Fatimid Caliphate (10th to 12th centuries) by analysing the judicial practice of the time, the decisions of the Sharia and Mazalim courts. The author focuses on the legal status of women in the sphere of marriage, family and criminal law in the Ismaili tradition. Historical-legal and comparative-legal methods are used in the analysis of sources. The study begins with a short digression into the history of the Fatimid Caliphate. The features of the judicial system, the role of the cadi and its competence are described. There are a number of court cases, one of the parties to which was a woman. Based on the analysis, the author makes a conclusion about the specifi city of the Fatimid approach to marriage, in comparison with the Sunni and Imamite legal schools. The special role of guardians at the conclusion of the marriage contract and restriction of freedom of its termination is noted. Attention is drawn to the fact of extremely negative attitude to marriage between Muslim women and representatives of other religious movements, as well as to such an institution of family law as temporary marriage, legalised in the Imamite school of law. The fi nal part deals with criminal cases in which a woman is both the victim and the accused. Based on these precedents, it is a non-trivial conclusion that the judges of the Fatimid Caliphate did not always rely on Sharia norms when making decisions against women, which is completely atypical for Muslim traditions in general. At the same time, any crimes against this group of the population were punished rather severely. Particular attention is drawn to the state’s approach to women plaintiffs, depending on the degree of their personal participation in the judicial process.

Group Identities and Human Rights: How Do We Square the Circle in International Law?

2018 ◽  
Vol 75 (3-4) ◽  
pp. 94-106
Author(s):  
Gaetano Pentassuglia
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Status ◽  
Human Rights Practice ◽  
Group Identities ◽  
Rights Discourse ◽  
Group Diversity ◽  
Human Rights Discourse ◽  
The Relationship

The identity of groups of an ethno-cultural variety has long fallen within the remit of internati­onal human rights law. In this context, discussions have been largely concerned with the legal status of groups and/or the nature of the legal right(s) in question. While acknowledging the importance of these dimensions, in this article I seek to provide an alternative account by dis­cussing the continuities and discontinuities in articulating the very concept of group identity. I first examine the potential, limitations and eventual hybridity of human rights practice across the spectrum of minority/indigenous identities. Then, I critique a range of instabilities in human rights discourse relating to the idea of group identities, their personal scope and the role of international law. I argue that such instabilities do not merely mirror the ambivalent outlook of the relationship between human rights and group identities; they raise the broader question of whether there is a relatively more coherent way to capture the legitimacy of group claims. I conclude by pointing to the outer limits of identity claims, the understated interplay of sove­reignty and inter-group diversity, and the need to unpack the reasons why certain groups merit protection in the way they do.

Some Aspects of the Transformation of Constitutional Legal Norms

Legal Concept ◽  
2021 ◽  
pp. 96-105
Author(s):  
Marina Mokoseyeva ◽  
Keyword(s):  
Public Relations ◽  
Constitutional Court ◽  
Russian Science ◽  
Legal Norms ◽  
Judicial Practice ◽  
New Type ◽  
The Russian Federation ◽  
Transformation Processes ◽  
Law Making

Introduction: the Russian doctrinal sources have been noting the formation of a new type of law-making for several years. It differs from other types in that amendments and changes to the constitutional norms are made without their direct changing. This type of law-making is called “transformation of constitutional norms”. The purpose of the study is to formulate the concept of transformation of constitutional norms and to identify the specific features and distinctions of this legal phenomenon. Methods: the methodological framework for the study is a set of methods of scientific knowledge, among which the main ones are the methods of comparison, analysis, and generalization of legal material. Results: the author’s position on the need to determine the features, limits, and distinctions of this institution in Russian science is based on the study of the modern legislation, as well as a large number of examples from judicial practice. Based on this approach to the study of legal material, the very concept of transformation of constitutional norms was studied, the ambiguities of the transformation processes were identified, and the features and limits of transformation were formulated. Conclusions: as a result of the study, the role of transformation as a regulator of public relations and a new type of law-making is revealed. The features, signs, and limits of the transformation of constitutional norms are established through the analysis of examples in the judicial practice of the Constitutional Court of the Russian Federation. It is determined that the transformation is temporary, can fill a legal gap, and has a specific mechanism of implementation, which is due to special forms of transformation (interpretation, application of legal positions, ratification, and implementation).

CONNECTION OF INSURANCE AND MEDICAL LAW IN THE JUDICIAL PRACTICE OF MODERN RUSSIA

2020 ◽  
Author(s):  
N.D. Kobzeva ◽  
◽  
R.S. Durov ◽  
E.V Varnakova ◽  
K.O Kobzev ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Significant Role ◽  
Medical Insurance ◽  
Medical Law ◽  
Judicial Practice ◽  
The Relationship

The article discusses in detail the relationship between insurance and medical law. On the basis of the analysis of normative-legal acts, as well as law enforcement practice, the conclusion is made about the significant role of territorial funds of medical insurance and insurance medical organizations in the protection of the citizen's right to its provision in the system of compulsory medical insurance.

International Organizations and their Members

2004 ◽  
Vol 1 (1) ◽  
pp. 139-161 ◽  
Author(s):  
Niels Blokker
Keyword(s):  
International Organizations ◽  
Legal Status ◽  
English Word ◽  
The Body ◽  
International Organization ◽  
The Core ◽  
The Law ◽  
Core Questions ◽  
The Relationship

AbstractThe law of international organizations is a field of study full of themes with variations. With respect to a number of key chapters in this field, such as the legal status of international organizations, their institutional structure, powers, decision-making and decisions, sanctions, fundamental principles exist or are being developed. These principles or themes have a large number of variations in the rules and practice of individual organizations. Like in music, the variations in themselves may be interesting as such, but they can only be fully appreciated by not losing sight of the theme. Like in music, the themes in themselves may be interesting as such, but they can only be fully appreciated by also listening carefully to the multicoloured variations. This contribution is devoted to a central theme of the law of international organizations: the relationship between an international organization and its members. Already in the early days of existence of international organizations, this topic has given rise to numerous questions. Many of these have now been answered, but sometimes resurface in contemporary variations. In addition there are new questions. It is useful to first explore briefly the meaning of the word "members". The English word "member" and the French "membre" are both derived from the Latin word "membrum", which means "part of the body". This meaning is important because it indicates clearly that members are part of a whole – a fact which takes us straight to one of the core questions addressed in this article. Members of an international organization are not just members, after all – like the members of a bridge club or a gardening club. In most cases, the members of international organizations are states. How then can members of an international organization be members of a whole when in most cases those members are sovereign states, even if the concept of sovereignty of states is no longer as absolute at it used to be? This is one of the major questions within the field of the law of international organizations. In order to examine this question, this contribution is divided into two parts. Section I will concentrate on the role of members vis-à-vis international organizations. In Section II the focus will shift to the whole of which the members are part; this Section will briefly look at some of the questions involved in giving a certain amount of autonomy to this whole.

scholarly journals THE ROLE OF DECISIONS OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION IN THE DEVELOPMENT OF LEGISLATION ON MASS MEDIA

2020 ◽  
Vol 36 (4) ◽  
pp. 59-62
Author(s):  
D. Sh. Pirbudagova ◽  
◽  
A.M. Omarova ◽  
Keyword(s):  
Mass Media ◽  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Constitutional Court ◽  
The Status ◽  
The Russian Federation ◽  
Media Society ◽  
The Relationship

The article examines the legal positions of the constitutional control bodies regarding the legislative regulation of the status of mass media. The authors note that the Constitutional Court of the Russian Federation has made decisions on the issues of financing, ownership and legal regulation of mass media, the relationship between the mass media, society and the state, the content of the constitutional prohibition of censorship and its correlation with restrictions on freedom of mass media, etc. Conclusions are drawn about the conceptual nature of the decisions of the constitutional Court of the Russian Federation aimed at clarifying the constitutional and legal status of mass media and contributing to filling legal gaps in this area

scholarly journals TO THE ISSUE OF SOME POWERS OF A PROSECUTOR IN CRIMINAL PROCEDURE AND ADMINISTRATIVE PROCEEDINGS

2020 ◽  
Vol 16 (1) ◽  
pp. 66-74
Author(s):  
Елена Папышева
Keyword(s):  
Legal Status ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Judicial Practice ◽  
Legal Nature ◽  
The Status ◽  
Administrative Proceedings ◽  
The Relationship

This article discusses some powers of a prosecutor, his legal status in criminal procedure and administrative proceedings, the relationship between the functions of criminal prosecution and prosecutorial supervision. The author notes that at the stage of initiating a criminal case, prosecutor’s powers for criminal prosecution are exercised through supervisory activities, during which, on the facts of perpetration, he is entitled to make a reasoned decision to send the relevant materials to preliminary investigation bodies. The article analyzes prosecutor’s powers in initiating an administrative case, the legal nature of the prosecutor’s decision, which, according to the author, is not and cannot be evidence in the case (source of evidence), in contrast to the position of the courts and the prevailing judicial practice. Both processes (criminal and administrative proceedings) are based on identical principles and have similar institutions. Including for this reason, the problems of determining the status and powers of the prosecutor in exercising supervision have common roots.

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