Debt transfer agreement by the creditor: legal forms, procedure, meaning

2021 ◽  
Vol 15 (2) ◽  
pp. 58-72
Author(s):  
Iurii S. Povarov
Keyword(s):  
Main Attention ◽  
Dialectical Logic ◽  
Legal Norms ◽  
Methodological Basis ◽  
Legal Provisions ◽  
Special Scientific ◽  
Special Rules ◽  
Legal Forms ◽  
The Impact ◽  
Individual Regulation

The work catalogs and studies in detail (including in a comparative legal section) various legal forms of the creditor's approval of the transfer of debt by virtue of the transaction and on the grounds provided for by law. The main attention, first of all, is paid to debatable issues regarding the ratio of centralized and individual regulation of the relevant relations, the variety of ways to agree on the transfer of debt (models consent is a unilateral transaction, consent as a condition of the contract, etc.), the nature of the impact of (not) giving permission by the creditor on the fate of an agreement on the transfer of debt obligations concluded without his participation, comparison of the modes of preliminary and subsequent approval. The methodological basis of the research was formed by general theoretical (formal and dialectical logic) and special scientific (legal-dogmatic, interpretation of legal norms, legal modeling, comparative legal) methods. As a result, the author substantiates the feasibility of adjusting the legal provisions in the direction of a clear pairing of general instructions on consent to a transaction and special rules on consent to the transfer of debt, as well as in order to eliminate uncertainty about the actual moments of obtaining an approving creditor's will (subject of agreement, the essence of the nullity of the transfer of debt, admissibility the use of constructions of impersonal previously given and subsequent consent, etc.).

scholarly journals TO CHARACTERIZE THE CURRENT STATE OF LEGAL REGULATION OF PENSIONS OF JUDGES

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 269-275
Author(s):  
Ю. І. Соколова
Keyword(s):  
Public Relations ◽  
Social Protection ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Norms ◽  
Legal Provisions ◽  
The Status ◽  
General Order ◽  
Definition Of ◽  
The Impact

The relevance of the article is that when forming a theoretical and legal position on the content of a phenomenon or object, the issue of its settlement by law is especially important. The study of various aspects of judges' pensions has shown the key role of the normative component in the content of this problem, through which the legal reality establishes its influence on the relations arising in the field of pensions of judges. It should be noted that the legal regulation is characterized by the following features: it is, first, the impact of law on public relations, which is carried out through a separate group of legal instruments - legal norms; secondly, normative-legal regulation is a part of complex legal influence, in other words, it shows only one of clusters of legal regulation of the corresponding object; thirdly, the intensity, efficiency, breadth and other mechanical factors of legal regulation directly depend on the quality and system of legal provisions and norms that build the content of the category. The article, based on the analysis of scientific views of scientists, proposes the author's definition of the concept of legal regulation of judges' pensions. The main normative-legal acts of the legislative and by-law level which fix the principles of regulation of public relations in the field of pension provision of judges are singled out. It is concluded that the main feature of the legal regulation of judges' pensions is the presence of two groups of legal documents, namely: general, which establish guarantees of social protection and pensions in Ukraine as a whole, led by the Constitution, and special - the Law of Ukraine "On Judiciary and the Status of Judges" dated 02.06.2016 №1402-VIII, documents of judicial self-government bodies - establish the peculiarities of judges receiving pensions and monthly lifetime allowance. At the same time, the disadvantage of the special legal framework is the lack of norms that clearly explain the procedure and features of both types of pensions for judges, by paying them pensions in the general order and a monthly lifetime allowance. In particular, the special normative-legal base does not explain the content of the monthly lifetime cash maintenance and the main points of its legal significance.

scholarly journals PROBLEMS IN THE LEGAL REGULATION OF THE PROVISION OF HEALTH SERVICES: RIGHTS AND OBLIGATIONS OF THE PATIENT

2021 ◽  
Vol 17 (2(64)) ◽  
pp. 100-112
Author(s):  
Андрей Алексеевич ИНЮШКИН ◽  
Полина Сергеевна КУДАШЕВА
Keyword(s):  
Health Services ◽  
Legal Status ◽  
Legal Regulation ◽  
Medical Intervention ◽  
Dialectical Logic ◽  
Scientific Methods ◽  
Legal Norms ◽  
Patient’S Rights ◽  
Special Scientific

The paper analyzes the patient's legal status as a key figure in the provision of health services, identifies and qualifies his rights and obligations, reveals the specifics of some legal opportunities for consumers of health services. The purpose of the paper is a comprehensive analysis of the patient’s rights and obligations under the contract for the provision of medical services. Methods: the authors use empirical methods of comparison, description, interpretation and theoretical methods of formal and dialectical logic. Special scientific methods are used: legal-dogmatic and the method of interpreting legal norms. Results: the authors conclude that it is necessary to develop a clear and complete conceptual apparatus; they propose to expand and structure the list of rights by strengthening their informational component, to detail the set of patient's obligations, and to adjust the norms on the patient's voluntary informed consent to medical intervention. The role of insurers in the medical field in helping patients to realize their legal opportunities is highlighted.

OPERATIVE-SEARCH MONITORING THE INTERNET AS AN ELEMENT OF COUNTERING CRIMES OF EXTREMIST DIRECTION

2020 ◽  
pp. 235-241
Author(s):  
Aleksey V. Kutuzov
Keyword(s):  
Law Enforcement ◽  
Relevant Information ◽  
Theoretical Development ◽  
The Internet ◽  
Legal Basis ◽  
Main Attention ◽  
Legal Norms ◽  
A Priority ◽  
Use Of Internet ◽  
Source Of Information

The article substantiates the need to use Internet monitoring as a priority source of information in countering extremism. Various approaches to understanding the defi nition of the category of «operational search», «law enforcement» monitoring of the Internet are analysed, the theoretical development of the implementation of this category in the science of operational search is investigated. The goals and subjects of law enforcement monitoring are identifi ed. The main attention is paid to the legal basis for the use of Internet monitoring in the detection and investigation of extremist crimes. In the course of the study hermeneutic, formal-logical, logical-legal and comparative-legal methods were employed, which were used both individually and collectively in the analysis of legal norms, achievements of science and practice, and development of proposals to refi ne the conduct of operational-search measures on the Internet when solving extremist crimes. The author’s defi nition of «operational-search monitoring» of the Internet is provided. Proposals have been made to improve the activities of police units when conducting monitoring of the Internet in the context of the search for relevant information to the disclosure and investigation of crimes of that category.

Budgetary Regulation in the Context of Preventing the Consequences of the Spread of a New Coronavirus Infection in the Russian Federation

Lex Russica ◽  
2021 ◽  
Vol 74 (2) ◽  
pp. 64-79
Author(s):  
R. V. Tkachenko
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
The State ◽  
Russian Society ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
Legal Forms ◽  
The Impact ◽  
Budget System

The paper is devoted to the examination of issues related to the increasing importance of budgetary regulation for the proper functioning of a modern innovative society. The key role of the budgetary regulation in the financial process of the State is particularly acute in the context of systemic crises that include socio-economic consequences caused by the spread of a new coronavirus infection (COVID-19) in Russia. In the course of the study, the features of changes in the state financial policy caused by the above-mentioned crisis phenomena are highlighted. The paper describes various approaches to the interpretation of the budgetary regulation as a category of financial law, explores various types and legal forms of methods of the budgetary regulation, analyses mechanisms and the impact of the State on the budget system through the existing legal structure of the budgetary regulation. It is determined that the rules of financial law governing the whole complex of public relations concerning the distribution and redistribution of the national product between the levels of the budget system of the Russian Federation constitute the institution of financial law, namely: the budgetary regulation. The author concludes that the approach based on the concentration of basic powers in the financial field at the federal level significantly slows down the dynamics of development of economic activity in the majority of regions of Russia, while the need for breakthrough innovative development of Russian society determinates the expansion of long-term tax sources of income for regional budgets. In this regard, it is proposed to consolidate additional regulation for revenues gained by regional and local budgets in the form of targeted deductions from federal taxes on a long-term basis.

The Role of the Conclusions of the Council of Judges of the Russian Federation in the Prevention of the Emergence and Development of Conflicts of Legal Interests in the Judicial System of Russia

2020 ◽  
Vol 12 ◽  
pp. 56-66
Author(s):  
E. V. Ryabtseva ◽  
Keyword(s):  
Russian Federation ◽  
Judicial System ◽  
Structural Elements ◽  
Consistent System ◽  
Optimal Behavior ◽  
Regulatory Impact ◽  
The Russian Federation ◽  
The Impact ◽  
Individual Regulation

The growing role of the judicial community in reforming the judicial system actualizes the scientific problems of law enforcement associated with understanding the essence of the regulatory impact of the Councils of Judges of the Russian Federation as a body of the judicial community to prevent the emergence of conflicts of legal interests in judicial activity. The purpose of the research is to theoretically substantiate the essence of individual regulation of conflicts of legal interests by the Council of Judges of the Russian Federation, aimed at optimizing its activities to combat corruption. The worldview and methodological basis were the works of theoretical scholars and their methods of integrative understanding of law to substantiate the impact of the Council of Judges of the Russian Federation on judicial activity through individual regulation. The conclusion is substantiated that the activities of the Commission of the Council of Judges of the Russian Federation on Ethics, related to the drawing up of opinions on the assessment of conflicts of legal interests and other corruption risks for both acting judges and retired judges, is an individual regulation of legal relations through: interpretation of law; overcoming gaps and conflicts in the law; individuali zation of rights, etc. The content of the interpretation of law by the Commission of the Council of Judges of the Russian Federation on Ethics is: the application of certain norms of both international and national law in a specific legal relationship when assessing conflicts of legal interests among judges through a systematic interpretation of the norms of law as a system of elements, defining its role in law, identifying other norms, as well as the principles of law; interpretation of the principles and norms of law, through the legal-logical interpretation of a normative act as logically interconnected structural elements of a single, internally agreed and consistent system of principles and norms of law, when deciding on the presence of conflicts of legal interests in the activities of judges, etc. The paper substantiates that in relation to conflicts of legal interests, individualization should be aimed at determining by the Council of Judges of the Russian Federation typical situations of such conflicts for their correct assessment and development of recommendations related to the optimal behavior of judges, when circumstances arise that lead to conflicts of legal interests.

Administration of the educational process (legal and linguistic-didactic aspects) in the conditions of quarantine and post-quarantine measures caused by covid-19

Eduweb ◽  
2021 ◽  
Vol 15 (2) ◽  
pp. 181-193
Author(s):  
Vira Mizetska ◽  
Olena Sierykh ◽  
Hanna Savchuk ◽  
Diana Yevtimova ◽  
Oleh Synieokyi
Keyword(s):  
Public Relations ◽  
Educational Process ◽  
Scientific Methods ◽  
Functional Changes ◽  
Educational Processes ◽  
Special Scientific ◽  
Science And Education ◽  
General Scientific ◽  
The Subject ◽  
The Impact

The aim of the study is to characterize the impact of the COVID-19 pandemic on the administration of the educational process on the examples of legal and linguistic-didactic aspects. The object of the study is systemic and functional changes in science and education under the influence of the COVID-19 pandemic. The subject of the study is public relations in the field of education and science in their legal and linguistic-didactic aspect under the influence of the COVID-19 pandemic. Research methods are general scientific and special scientific methods, in particular, system-structural, formal-legal, hermeneutic; methods of analysis, synthesis. As a result of the research, the peculiarities of administration of educational processes in the conditions of COVID-19 in the aspect of mechanisms of legal support of activity of bodies of education and science, linguodidactics were formulated; the characteristic of systemic changes in the sphere of education which have occurred under the influence of the distribution of a coronavirus is carried out; describe the main approaches contained in the current scientific literature to solve the above problems.

scholarly journals ICE PROPULSION ABILITY OF VESSELS WITH NONTRADITIONAL FORM

2020 ◽  
pp. 143-156
Author(s):  
Vasily A. Lobanov
Keyword(s):  
Experimental Data ◽  
Statistical Analysis ◽  
Empirical Equation ◽  
Main Attention ◽  
Resistance Level ◽  
Water Ice ◽  
Ship Hulls ◽  
The Impact ◽  
Ice Resistance ◽  
Different Thickness

In article the fact related to the significant increase in structure of the ice category fleet internal and mixed a river sea operation with non-traditional ship hulls forms is stated. With the CAE technologies use such vessels interaction nature with ice cakes and small ice cakes of different thickness and concentration in the ice channel is studied and analyzed. The main attention is paid to a research concerning the influence of different forms bulbous fore ends on change of the vessel ice resistance level. Qualitative features of such bulbous vessels contact with the water ice environment are noted. The statistical analysis concerning the obtained experimental data on the impact assessment related to constructive, dynamic and ice factors on ice propulsion ability of vessels with non-traditional forms is carried out. The quantitative forecast of such influence in the form of the multifactorial regression empirical equation is given.

scholarly journals Globalization and the Newest Forms of Economic Reality

2021 ◽  
Vol 129 ◽  
pp. 10003
Author(s):  
Natalya Gagulina ◽  
Arthur Budagov ◽  
Irina Zhulega
Keyword(s):  
Value Added ◽  
Digital Economy ◽  
Dialectical Logic ◽  
Economic Transformations ◽  
Global Nature ◽  
Economic Reality ◽  
Organization Of Production ◽  
Relationship Of ◽  
The Impact

Research background: Globalization has outlined the contours of a new technological reality in which the emergence of major innovations is due to NBIC-convergence, which has combined the achievements of nanotechnology (N), biotechnology (B), information technology (I) and cognitive science (C). The global nature of the development of information and telecommunication technologies contributed to the formation of the digital economy and the newest forms of economic reality accompanying it. Purpose of the article: The goal set by the authors is to conduct a study of the latest forms of economic reality associated with the impact of globalization on economic development. It is necessary to analyze the metamorphoses that occur with the forms of knowledge, forms of management, forms of organization of production, etc. Methods: The basis of the methodological basis of the research was formed by the principles of dialectical logic, historical research, the application of cause-effect and functional-structural analysis, which allow revealing the essence of socio-economic macroeconomic and regional processes, as well as micro-level processes occurring in the digital economy under the influence of globalization. Findings & Value added: In the course of the research, the identification of the newest forms of economic reality and their signs was carried out. The causal-logical relationship of globalization, the emergence of the newest forms of economic reality, economic transformations and structural shifts in the economy was analyzed. The accompanying changes in economic growth and the impact of these changes on the quality of life are considered.

scholarly journals Ideological grounds of ensuring traffic safety

2020 ◽  
pp. 73-80
Author(s):  
Yury Nikolaevich Kalyuzhny
Keyword(s):  
Social Relations ◽  
Traffic Safety ◽  
Traffic Accidents ◽  
Comprehensive Analysis ◽  
Value Orientations ◽  
Controversial Issues ◽  
Negative Consequences ◽  
Legal Norms ◽  
Legislative Regulation ◽  
Legal Forms

The subject of this research is the legal norms and scientific sources that characterize the ideological grounds of ensuring traffic safety. The object of this research is the social relations that determine the framework for ensuring traffic safety. Examination of the normative legal acts and scientific literature, allows conducting a comprehensive analysis of ideological grounds of ensuring traffic safety. The author indicates certain scientific problems of legislative regulation of the sphere under review, and resumes that the presence of state ideology within the system of legal norms is inevitable. The conclusion is formulated that the ideological grounds of ensuring traffic safety are based on the system of views, ideas, and value orientations from the perspective of personal, social, and state levels. The author claims that the state uses law as the official ideology. The ideological grounds of ensuring traffic safety, associated with implementation of state policy in indicated field of research, represent legal forms of ensuring traffic safety, which contribute to the perception of law by personal and public legal awareness, which positively impacts legal mentality of the society, reducing the risk of traffic accidents and their negative consequences. The novelty of this work consists in the comprehensive analysis of theoretical legal and organizational aspects that characterize the ideological grounds of ensuring traffic safety, determine controversial issues in legislative regulation of the system of views, ideas, and value orientations for ensuring traffic safety from the perspective of personal, social, and state levels.

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