scholarly journals Types of guarantees in claim proceedings: a doctrinal approach

2021 ◽  
Vol 7 (1) ◽  
pp. 102-108
Author(s):  
N. N. Tkacheva
Keyword(s):  
Scientific Research ◽  
Legal Regulation ◽  
Civil Procedure ◽  
The Subject ◽  
Rights And Interests ◽  
Theory Of Law ◽  
The Right ◽  
Judicial Protection

In this article, the author examines the guarantees of protection of rights and interests in claim proceedings, to understand the basis of the division of such guarantees into types, the author turns to the theory of law. Using a doctrinal approach, the article examines the classification of guarantees depending on the method of fixing, on their content, the method of ensuring and the form of implementation. Special attention is paid to the issue: what is a criterion of the division of safeguards for the species. Highlighting the subject of legal regulation as a criterion for dividing branches of law, guarantees are classified into constitutional and sectoral guarantees. There are other types of guarantees, depending on the methods of protection of violated or disputed rights - material and procedural guarantees. Attention is drawn to the fact that the study of procedural guarantees for the protection of the rights of citizens and organizations is of particular interest in the science of civil procedure law. Using the method of scientific research, the paper studies the classifications of procedural guarantees proposed by process scientists. Analyzing the content of the right to judicial protection, the author's classification of the guarantee of protection of rights and interests in the claim proceedings is proposed at the end of the article.

NEW CLASSIFICATION OF PRINCIPLES OF CIVIL PROCEDURE

2021 ◽  
Author(s):  
Тимур Султанович Габазов ◽  
Амир Ахметович Мужахаев ◽  
Аминат Аслановна Солтамурадова
Keyword(s):  
Civil Procedure ◽  
New Classification ◽  
Procedural Law ◽  
Civil Proceedings ◽  
Key Factor ◽  
The Subject ◽  
The Right

В представленной статье кратко раскрывается смысл понятия такого явления, как принцип гражданского процессуального права, а также дана классификация принципов, уже существующих и утвердившихся в теории гражданского процесса. Авторы работы предприняли попытку разработать новую классификацию принципов гражданского судопроизводства, отличную от общепринятой, в которой ключевым фактором выступает субъект, которому эти принципы адресованы по своему содержанию. По результатам проведенного исследования выделены субъекты, которым адресованы действия этих принципов: адресованные только суду; адресованные только лицам, участвующим в деле; - адресованные всем субъектам гражданского судопроизводства в целом (общие). Можно вполне обосновано сказать, что новая классификация принципов гражданского процесса, в зависимости от субъекта имеет право на существование. The presented article briefly reveals the meaning of the concept of such a phenomenon as the principle of civil procedural law, and also gives a classification of the principles that already exist and are established in the theory of civil procedure. The authors of the work attempted to develop a new classification of the principles of civil proceedings, different from the generally accepted one, in which the key factor is the subject to whom these principles are addressed in their content. According to the results of the study, the subjects to whom the actions of these principles are addressed: addressed only to the court; addressed only to persons participating in the case; - addressed to all subjects of civil proceedings in general (general). It can be reasonably said that the new classification of the principles of civil procedure, depending on the subject, has the right to exist.

THE RIGHT TO JUDICIAL PROTECTION AS A CONSTITUTIONAL PRINCIPLE OF JUSTICE (ON THE EXAMPLE OF CIVIL PROCEDURE)

2021 ◽  
Vol 11 (1) ◽  
pp. 89-106
Author(s):  
A.A. FOMIN
Keyword(s):  
Regulatory System ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Legal Doctrine ◽  
Legal Principles ◽  
Constitutional Principle ◽  
Judicial Practice ◽  
Legal Security ◽  
The Right ◽  
Judicial Protection

Procedural and legal principles, among which the right to judicial protection is of fundamental importance, reflect the specific patterns of judicial protective legal relations, innovative ideas of procedural legal doctrine and the results of the development of judicial practice. The procedural principles of law serve as criteria for assessing the effectiveness of the country’s judicial and legal policy and further modernization of the judicial and judicial legislation. An algorithm for the formation of the principles of law, including the principles of civil (arbitration) legal proceedings, within the framework of the dialectical-materialistic paradigm of scientific knowledge is considered. It is noted that positive authorization in the regulatory system of the state at the constitutional or sectoral level is a necessary prerequisite for the transformation of objective laws of public life into the principles of law and their subsequent inclusion in the mechanism of legal regulation. At the same time, it is substantiated that when building the concept of procedural principles of law, one should rely on democratic tendencies in domestic and international processes, form a constitutional attitude and new approaches to the study of the system of principles of law on the basis of a combination of decades of experience of dialectical and materialistic perception of principles of law with natural law ideas. Particular attention is paid to the consideration of constitutional and sectoral powers that form the content of the right to judicial protection, as a procedural principle of law, and acting as guarantees of ensuring legal certainty and legal security of civil procedure. A number of practical proposals are made to improve the civil (arbitration) procedural legislation aimed at increasing the efficiency of the institution of judicial protection in modern Russia.

scholarly journals Forms of Realizing the Right to Freedom of Peaceful Assembly

2019 ◽  
Vol 85 (2) ◽  
pp. 31-43
Author(s):  
М. A. Sambor
Keyword(s):  
Public Administration ◽  
Social Economic ◽  
Legal Regulation ◽  
Legal Order ◽  
Optimal Conditions ◽  
Legal Certainty ◽  
Legal Doctrine ◽  
The Subject ◽  
The Right

It has been grounded that the right to freedom of peaceful assembly is a unique right that unites the right and freedom of its realization. The realization of this right by some subjects, as well as the obligation of public administration subjects to create conditions for the unimpeded realization of the right to freedom of peaceful assembly require an understanding of the outer shell (form) of realizing the right to freedom of peaceful assembly. Forms of realizing the right to freedom of peaceful assembly have been studied. It has been substantiated that the realization of this right is not limited to the constitutionally prescribed forms, namely meetings, rallies, marches and demonstrations. Much more forms of realizing the right to freedom of peaceful assembly are contained in subordinate regulatory acts. The legal order in Ukraine, based on a generally acceptable type of legal regulation, reveals a number of new forms, which in their essence are forms of realizing the right to peaceful assembly. On the basis of the analysis of the current legislation and the current legal doctrine, the author has formulated classification features and has conducted classification of the forms of realizing the right to freedom of peaceful assembly. The classification is based on such features as normative and legal certainty (constitutional, normatively defined forms and others), involvement of participants (internal and external forms), mobility (static and dynamic forms), isolation of participants (closed and open forms), venue (gatherings held indoors or outdoors), sphere of interests’ realization (political, social, economic, cultural, sports, etc.). It has been summarized that the forms of realizing the right to freedom of peaceful assembly make it possible to understand the purpose pursued by the subject of realizing this right, and the place of holding a peaceful assembly significantly influences the further mechanism of ensuring its realization, since the combination of the form and content of the right to freedom of peaceful assembly makes it possible to understand the true essence of this right, as well as to adjust measures to ensure its realization in order to create optimal conditions not only for the realization of this right, but also to prevent its abuse. Thus, they guarantee the rights, freedoms and interests of the rest of the population.

scholarly journals On Typical Violations of Legislation in the Field of Use and Protection of Specially Protected Natural Areas

2021 ◽  
Vol 16 (5) ◽  
pp. 205-213
Author(s):  
S. V. Berdinskikh
Keyword(s):  
Public Interest ◽  
Legal Regulation ◽  
Natural Areas ◽  
Public Interests ◽  
Specially Protected Natural Areas ◽  
Protected Natural Areas ◽  
The Subject ◽  
Theory Of Law ◽  
Judicial Procedure

Given the provisions of the theory of law, the author provides her own classification and systematization of typical violations in the field of use and protection of specially protected natural areas. A classification of violations by the form of behavior, form of guilt, behavior of subjects in the legal sphere, type of responsibility, subjects, consequences, subject of legal regulation is proposed. For the rational use of the potential of the prosecutor’s office, it possible to systematize typical violations according to the principle of exclusivity of the judicial procedure for protecting public interest as the only possible response. Typical violations require special attention of the prosecutor’s office, predetermine the ways to protect the violated or contested public interest, including in court, and the measures of the prosecutor’s response should correlate with them. The proposed classification and systematization of typical violations according to the criterion of the subject of legal regulation and according to the principle of the exclusivity of the judicial order of protection will serve as the basis for improving the organization of activities (supervisory and non-supervising) of the prosecutor to protect public interests in the use and protection of specially protected natural areas, and the development of methods for this activity.

The right to appeal to the European Court of Human Rights

2020 ◽  
Author(s):  
Yuliya Samovich
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Legal Regulation ◽  
The European Union ◽  
Educational Organizations ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Procedure ◽  
The Right ◽  
Judicial Protection

The manual is devoted to making individual complaints to the European Court of human rights: peculiarities of realization of the right to appeal, conditions of admissibility and the judicial procedure of the European Court of Human Rights. The author analyses some “autonomous concepts” used in the court's case law and touches upon the possibility of limiting the right to judicial protection. The article deals with the formation and development of the individual's rights to international judicial protection, as well as the protection of human rights in universal quasi-judicial international bodies and regional judicial institutions of the European Union and the Organization of American States. This publication includes a material containing an analysis of recent changes in the legal regulation of the Institute of individual complaints. The manual is recommended for students of educational organizations of higher education, studying in the areas of bachelor's and master's degree “Jurisprudence”.

scholarly journals MEDICAL AND PROCEDURAL-LEGAL ASPECTS OF INPATIENT AND OUTPATIENT FORENSIC PSYCHIATRIC EXAMINATION

2020 ◽  
Vol 73 (7) ◽  
pp. 1533-1538
Author(s):  
Sandra Kaija ◽  
Inga Kudeikina ◽  
Nataliya Gutorova
Keyword(s):  
Medical Practitioner ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Civil Procedure ◽  
Legal Doctrine ◽  
Psychiatric Examination ◽  
Legal Norms ◽  
The Subject ◽  
Forensic Psychiatric

The aim: The aim of the study is to define the legal framework of forensic psychiatric examination commissioned by the court in relation to the competence of medical practitioners and the position of the subject as a patient in the process of forensic psychiatric examination in order to determine the correlation of special legal regulation with criminal and civil procedure regulation and to make proposals for the enhancement of the legal regulation. Materials and methods: This study is based on the analysis of international law, medical civil procedure and criminal procedure legislation, juridical practice, medical law legal doctrine. The following methods were used in this research: the method of interpretation of legal norms, analysis of legal acts, and the induction-deduction method, upon which the conclusions were drawn and recommendations were provided. Conclusion: The current regulatory framework does not provide for the procedure by which the subject’s medical treatment is conducted during forensic psychiatric examination, nor does it determine the criteria for the admissibility of treatment of the persons concerned and the extent of treatment. During the examination, the medical practitioner who is in the expert’s procedural position in relation to the subject under examination in the particular examination should not carry out the treatment of the subject.

Intersectional relations between executive law and civil law of Ukraine

2021 ◽  
pp. 169-175
Author(s):  
N. Sergiienko
Keyword(s):  
Legal Status ◽  
Mutual Influence ◽  
Civil Law ◽  
Scientific Research ◽  
Civil Code ◽  
Scientific Article ◽  
Executive Process ◽  
The Subject ◽  
Definition Of

The scientific article is devoted to analyze the intersectional relations between executive law of Ukraine and civil law of Ukraine. The classification of forms of intersectional relations, offered by M.Yu Chelyshev, was taken as the ground of theoretical and methodological base of scientific research the intersectional relations between executive law of Ukraine and civil law of Ukraine. Even though this scientist-lawyer researched the intersectional relations of civil law, grounding on the subject of his scientific researches, his classification is stated as universal and grounded enough and can be used for different legal researches. In the scientific article the intersectional relations between executive law of and civil law of Ukraine are discovered though direction as follows: 1) intersectional interaction between executive law of Ukraine and civil law of Ukraine (it represents by using in executive law definitions and constructions of civil law. As an example of definitions and constructions of civil law, that are used in executive law, can be stated the definition of agreement); 2) intersectional influence between executive law and civil law (it represents by mutual influence of compositions of executive law and civil law, especially norms and institutions. The bright example of that mutual influence is the legal status of some kinds of property on the context of forfeiture the property – some kinds of property are out of forfeiture in the executive process, despite that property are out of turnover restrictions); 4) intersectional legal and collision regulation (it represents by direct and indirect mutual renvois between civil legislation and executive legislation. As an example can be used the direct renvoi to art. 28 of The Civil Code of Ukraine from subpar. 5 par. 2 sec. III of The Instruction of Compulsory Execution Organization, approved by The Ministry of Justice of Ukraine from 02.04.2012 under № 512/5).

Subjects of Tax Relations: Features of Legal Status and Classification

2019 ◽  
Vol 10 (7) ◽  
pp. 2024
Author(s):  
Liubov M. KАSIANENKO ◽  
Nataliа I. ATAMANCHUK ◽  
Olena O. BOIKO-SLOBOZHAN ◽  
Olena V. SHAKIROVA ◽  
Sergiy O. DANILOV
Keyword(s):  
Subject Matter ◽  
Legal Status ◽  
Scientific Research ◽  
Educational Process ◽  
Tax Law ◽  
Public Authorities ◽  
Legal Personality ◽  
Tax Legislation ◽  
The Subject

The relevance of the subject matter is conditioned upon the fact that nowadays, both tax law theory and the current tax legislation fail to provide a single, unified definition of the concept of ‘subject of tax relations’. Furthermore, there is no clear criteria for the division of subjects of tax relations into types, which makes it impossible to establish the exact scope of participants in tax relations, and to determine the level of their tax legal personality. The purpose of this paper is to determine the scope of participants in tax relations, to analyze and clarify the legal status of established subjects and determine the functions that they perform in tax legal relations, as well as, on the basis of the results obtained, to construct a detailed classification of subjects of tax relations. The key method of scientific research is the method of scientific modelling, because in this article, on the basis of the analysis of existing scientific positions and provisions of legislation, the authors build their own theoretical model of the subject matter, formulate a conceptual apparatus and offer their practical application. This paper examines the subjects of tax relations, examines their types, outlines the limits of their legal personality in tax relations. The analysis of national legislation and various scientific approaches provides for the classification of subjects of tax relations, the legal status and the role they play in the tax mechanism are determined. The paper develops proposals for practical content to improve the provisions of the Tax Code of Ukraine on subjects of tax relations, provides author's definitions of the concept of ‘subjects of tax relations’. The provisions, conclusions, proposals and recommendations formulated in this paper can be used in: lawmaking – to improve and adopt new regulations, to amend existing legislation, to adapt them to the best European and international models; the law enforcement – to improve tax relations with the participation of public authorities; scientific research – for further study of financial and legal issues of participation of public authorities in budget relations; educational process – when teaching the subjects ‘Financial Law’, ‘Tax Law’, ‘Administrative Law’, ‘Topical Problems of Financial Law of Ukraine’ and related training courses.  

scholarly journals Peculiarities of Scientific Research in High-Performance Sports as in the Case of "Formula 1"

Lex Russica ◽  
2020 ◽  
pp. 146-155
Author(s):  
A. M. Kamalyan
Keyword(s):  
Automotive Industry ◽  
High Performance ◽  
Minimum Degree ◽  
Scientific Research ◽  
Professional Sports ◽  
Legal Regulation ◽  
Separate Analysis ◽  
Medical Centers ◽  
The Subject ◽  
Technical Regulations

The paper examines the legal regulation of scientific research in professional sports as in the case of Formula 1. The importance of the process of searching for new engineering and design solutions for the performance of athletes, as well as its continuous nature, is emphasized. It is noted that this sport is in the process of transition to a new cycle of legal acts, including Technical regulations, which sets the main requirements for the results of scientific research. The analysis of the provisions of the Technical regulations shows that the activities of engineers and designers are largely limited. For clarity, there are specific norms that fix either the exact indicator for the result of scientific research to achieve, or the range within which fluctuations are allowed. At the same time, it is noted that there are still rules that are not formulated in the most obvious way (the so-called gray zones). It is stipulated that the specifics of scientific research in these areas will be the subject of a separate analysis. Special attention is given to the requirements for the minimum degree of independence of scientific research in the car engineering and constructing and the possibility of using the results of competitors. The author gives examples of interaction between Formula 1 teams in terms of the use of engineering solutions by the team of competitors. The importance of research and development by Formula 1 engineers and designers is further emphasized, not only in the field of sports or the automotive industry, but also in everyday life, especially in the context of the coronavirus pandemic (COVID-19). Specific examples of the contribution of racing teams to the global fight against the virus are given, including cooperation with medical centers and laboratories in the framework of the Project Pitlane, which unites most of the teams of Formula 1.

scholarly journals Legal grounds of the activity of the Central Committee on Prisoners of War and Refugees (1918-1919)

2020 ◽  
pp. 239-248
Author(s):  
Mikhail Aleksandrovich Zasypkin
Keyword(s):  
Legal Status ◽  
Central Committee ◽  
Legal Regulation ◽  
Prisoners Of War ◽  
Educational Process ◽  
Historical Knowledge ◽  
Foreign Intervention ◽  
The Subject ◽  
Legal Grounds

The subject of this research is the system and types of normative legal acts that regulate the establishment and activity of the Central Committee on Prisoners of War and Refugees as a part  of the Council of People’s Commissars on War Affairs of the RSFSR prior to being assigned to People's Commissariat for Interior Affairs of the RSFSR in May 1919. The establishment of migration authorities took place in the objectively severe conditions of civil war and foreign intervention, which affected their legal status. The scientific novelty of this work consists in provision of classification of legal acts in accordance with the legal force, subjects of compliance, content area, and the nature of regulations contained therein. The conducted research demonstrates that the formation of grounds of legal regulation of the activity of the Central Committee on Prisoners of War and Refugees tool place simultaneously with the establishment and development of the Soviet law as a new historical type of law, and these grounds are its constitute elements. The obtained results significantly broaden our historical knowledge, allow rationalizing experience of the past and implementing it in the educational process along with the current practice aimed at improvement of organization and activity of migration authorities.

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