scholarly journals REVISITING THE LEGAL NATURE AND CONTENT OF A MARRIAGE CONTRACT IN THE MODERN LAW OF THE PRC

2019 ◽  
Vol 7 (5) ◽  
pp. 1003-1006
Author(s):  
Naixin Naixin
Keyword(s):  
Legal Doctrine ◽  
Basic Principles ◽  
Marriage And Family ◽  
The Real Estate ◽  
Marriage Contracts ◽  
Legal Nature ◽  
Marriage Contract ◽  
Teachers And Students ◽  
The Status ◽  
Definition Of

Purpose of the study: This paper deals with problematic issues related to the legal nature of a marriage contract. It also determines the contents of a marriage contract, which is regulated mainly by Article 19 of the PRC Law "On Marriage" of 2001 and the basic principles of civil law inherent in contract law in general. Methodology: A common example is the cases when spouses agreed to transfer immovable property from one spouse to another after marriage, but in practice, the spouses did not register changes on the status of the immovable property. In the event of a divorce, one of the spouses requires to recognize the ownership of the real estate and register the changes, while the other spouse disputes that point. Results: In recent years, marriage contracts have become increasingly popular in China, but special regulations on them in China's Marriage and Family Law are still unavailable. There are a lot of disputes and issues in practice relating to the definition of a marriage contract. In this regard, the question of the legal nature and content of a marriage contract is the subject of debatable research in Chinese legal doctrine. Applications of this study: This research can be used for the universities, teachers, and students. Novelty/Originality of this study: In this research, the model of Revisiting the legal nature and content of a marriage contract in the modern law of the PRC is presented in a comprehensive and complete manner.

scholarly journals Formation’s Principles of the Judiciary of Ukraine

2021 ◽  
Vol 7 (6) ◽  
pp. 1001-1009
Author(s):  
Vitaliy Hudyma
Keyword(s):  
Rule Of Law ◽  
Professional Competence ◽  
Political Influence ◽  
The Political ◽  
Law And Order ◽  
Basic Principles ◽  
The Rule Of Law ◽  
Supreme Council ◽  
The Status ◽  
Definition Of

The article reveals and researches the basic principles of the formation of the judiciary in Ukraine. It is established that judicial corps should be understood as an appropriate number of civil servants who hold the relevant positions as judges in the judicial bodies of Ukraine. It has been proved that judges make universally binding decisions, which determine, for example, other processes of maintaining law and order in the state. It is determined that the legislation lacks a clear definition of the term “judiciary” and lacks the primary grounds and principles by which the process of formation of the judicial corps in Ukraine should take place. It is established that the principles of formation of the judiciary in Ukraine should be based on the requirements for candidates for the position of judges, which are defined by Article 69, “Requirements for candidates for the position of the judge” of the Law of Ukraine “On Judiciary and the Status of Judges”. It is proved that one of the components of the procedure for the formation of the judiciary in Ukraine is the qualification assessment of candidates for the position of judges. It was found out that the qualification assessment of judges by the criterion of professional competence should be based on the principle of specialization and instance. It is established that the main principles based on which the appointment of judges-candidates for the positions of members of the Supreme Council of Justice are: the principle of the rule of law; the principle of professionalism; the principle of publicity; the principle of political neutrality. It is determined that one of the critical principles of formation of the judiciary in Ukraine should be the principle of non-political influence, namely its essence is revealed in the fact that entities that will participate both directly and indirectly in the formation of the judiciary should not, in any case, have any relation to the political sphere. It is noted that the prospects for further research in this area are the study of the holistic system and features of the formation of the judiciary in Ukraine.

scholarly journals Damage in International Law: Precondition For State and International Organization Responsibility?

2021 ◽  
Vol 6 (3(16)) ◽  
pp. 381-408
Author(s):  
Enis Omerović
Keyword(s):  
International Law ◽  
Criminal Responsibility ◽  
International Organization ◽  
Punitive Damages ◽  
Legal Doctrine ◽  
Legal Personality ◽  
Legal Nature ◽  
Definition Of ◽  
International Law Commission ◽  
International Legal Personality

The first chapter of the paper elaborates the question of whether one of the constitutive elements of the internationally wrongful act and a precondition for responsibility could be embodied in an existence of damage that has to be inflicted upon participants with international legal personality. In this regards legal doctrine, the arbitral awards, international judgments as well as the works of the UN International Law Commission will be examined, particularly the Draft Articles on Responsibility of States for Internationally Wrongful Acts and the Draft Articles on the Responsibility of International Organisations from 2001 and 2011, respectively. An interesting question could be raised concerning the terms used in Law on Responsibility and that is whether there is a difference between damage, injury, and unlawful consequence. Punitive or penal damage and its application in Law on Responsibility will be further assessed. The author will begin its research with the definition of punitive damage, and will further take into consideration international legal doctrine, international arbitral awards, judicial decisions of international courts, decisions of various claims commissions as well as norms of general international law in supporting his hypothesis that international law does not entail reparations for punitive damages. One of the aims of this paper is to indicate the question of whether the existence of punitive damages in international law, if any, be linked to a legal nature of State and international organization responsibility, in the sense that application of punitive damages in international law would support the thesis on the very existence of criminal responsibility of the named subjects of international law? It is interesting to note that the criminal responsibility of states has been abandoned by the removal of Article 19 in the final Draft Articles on Responsibility of States.

WAIVER OF SUBJECTIVE RIGHT INSTITUTE: LEGAL NATURE AND ACCEPTANCE CRITERIA IN CRIMINAL PROCEEDINGS

2020 ◽  
pp. 42-47
Author(s):  
I. N. Chebotareva ◽  
◽  
O. S. Pashutina ◽  
I. V. Revina ◽  
◽  
...  
Keyword(s):  
Back Analysis ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Scientific Interest ◽  
Criminal Proceedings ◽  
Legal Doctrine ◽  
Legal Nature ◽  
The Look ◽  
Definition Of ◽  
The Right

The nature of a subjective right causes the possibility of a criminal proceedings participant willingly, based on own interests and wishes, both to exercise the right exactly and waive it and not to use the provided procedural possibilities. Within the criminal proceedings, the waiver of the right institute is new, underdeveloped. There is practically no understanding of its subject matter and the extent of its exercise at the level of doctrine and jurisprudence as opposed to the foreign experience and civil legal regulation, which causes definite scientific interest in this topic. The paper carries out the look-back analysis of the definition of the nature of the waiver of the subjective right in Russian legal doctrine. This institute is relatively new and little researched in the Russian doctrine, which determines a particular scientific interest in the study of this issue. The paper provides the authors’ description of the waiver of the subjective right. In respect to the Russian criminal procedural legislation, the authors highlight the necessity to distinguish between the refusal of a right and the refusal to exercise a right by the participants in the criminal procedural activity; analyze the differentiated approach of the legislator on this issue. Based on the theoretical and legal analysis, the authors define that the waiver of the subjective right has definite essential features, forms, and ways of implementation, as well as specify the criteria for its admissibility. The paper proves the conclusion that the waiver of the right within the criminal process is possible under such conditions, as the direct willingness of a subject of criminal law relations to waive a right; the awareness of the existence of a particular procedural right and the consequences of such refusal; the form of a waiver showing its voluntary nature by implementing the intended freedom of choice. The authors expressed the proposals aimed at the improvement of norms of current criminal procedural legislation.

Problems of legal regulation of a marriage agreement in the Russian Federation

2022 ◽  
pp. 73-78
Author(s):  
E. V. Voskresenskaya ◽  
N. N. Zhil’skiy ◽  
M. V. Kolmogorov 
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Positive Trend ◽  
Unresolved Issue ◽  
Marriage Contracts ◽  
Legal Nature ◽  
The Family ◽  
Marriage Contract ◽  
The Russian Federation ◽  
Family Code

This article is devoted to the application of the marriage contract by persons entering or already married. The authors define the relevance of concluding marriage contracts and emphasize the positive trend of their application in Russia. As a rule, the question of the division of property is the most difficult and problematic both in theory and in practice. In scientific circles, there is a discussion about the legal nature of the marriage contract. The specifics of its conclusion and the scope of regulation of relations do not give an unambiguous answer about the branch affiliation of this legal institution. There are also a large number of gaps in the Family Code of the Russian Federation due to the lack of legislative consolidation of some aspects related to the contractual regime of spouses’ property. In addition, there is still an unresolved issue regarding the conditions and procedure for concluding a marriage contract by minor citizens entering into marriage. In the article, the authors come to the conclusion that the marriage contract as a legal phenomenon requires more legal regulation at the legislative level.

scholarly journals Experience of Developing a database of storytellers of the Yakut Epos

2021 ◽  
pp. 231-243
Author(s):  
S. D. Lvova ◽  
L. N. Gerasimova
Keyword(s):  
Information Content ◽  
Research Work ◽  
National Language ◽  
Basic Principles ◽  
Database Development ◽  
Database Table ◽  
North Eastern ◽  
The Status ◽  
History Of ◽  
Definition Of

The results of the analysis of the basic principles of compiling the database “Olonkhosuts of Yakutia of the 17th—20th centuries” — about the storytellers of the Yakut national epic are presented. The relevance of the research is determined by some difficulties in the systematization and design of the information content of the repository. A brief overview of the history of the study of the personalities of Yakut storytellers is given, the stages of database development are discussed in detail. It is noted that as a result of the generalization of the material a reference book that contains more than 1300 names of storytellers of the 17th-20th centuries was published by the team of the Olonkho Research Institute of M. K. Ammosov North-Eastern Federal University. Problems identified in the process of filling in the cells are described. Particular attention is paid to entering data in the national language, their transliteration and translation into Russian. The definition of the types of the second names of olonkhosuts is given, the expediency of allocating a separate field for nicknames-pseudonyms reflecting the status and popular recognition of the talent of the narrator is substantiated. A sample database table on olonkhosuts is presented. As a result of the study, the parameters for selecting data for inclusion in the repository were compiled, the need for additional research work to identify the facts of the change of residence of olonkhosuts was determined, and recommendations were proposed for improving the principles of information content of the database.

scholarly journals The Legal Nature of Interrelations between a Deputy and Voters within the Framework of the Historical Development of Russia

2020 ◽  
Vol 10 ◽  
pp. 52-56
Author(s):  
Alla N. Gutorova ◽  
Keyword(s):  
Russian Federation ◽  
Soviet Period ◽  
Constitutional Court ◽  
Legal Nature ◽  
The Status ◽  
The Russian Federation ◽  
Democratic Principles ◽  
Main Components ◽  
Definition Of ◽  
The Relationship

There are actual problems connected with definition of the legal nature of the delegate’s mandate are considered in this article. Interaction of the delegate with voters largely determined determine by the legal nature of delegate’s mandate. The purpose of this study is to determine the relationship of the delegate and voters in the system of people’s representation in the Soviet period of development of our country. In most constitutions of foreign countries, a norm has been enshrined that characterizes the nature of the relationship between delegate and voters. In the Constitution of the Russian Federation, such a norm is absent, and it has not found its fixing either in federal or in regional legislation. The official interpretation of the nature of the delegate mandate by the Constitutional Court of the Russian Federation was not given. Therefore, to justify and understand the legal nature of the delegate mandate in the Russian Federation, it is necessary to analyze the state of this issue in the Soviet period. Despite the fact that the Soviet period gravitated to the imperative nature of the delegate mandate, nevertheless, only certain components of the imperative mandate were fixed in the legislation. In the “late Soviet” period, very democratic principles were enshrined in the legislation, but the question of the nature of the delegate mandate was not properly updated. Civil society during this period of time was more interested in the very right to participate in elections and the possibility of actually replacing a delegate mandate. In this connection, the status of deputies continued to “act by inertia”. Normative consolidation was found by all the main components of the imperative mandate, in connection with which, the idea of a “free” mandate is practically not traced.

scholarly journals Hans Kelsen's Normative Theory as a Basis for Understanding the Legal Nature of the Constitutional Court Acts

Lex Russica ◽  
2021 ◽  
pp. 89-98
Author(s):  
O. Yu. Kotov
Keyword(s):  
Law Enforcement ◽  
Normative Theory ◽  
Constitutional Court ◽  
Russian Science ◽  
Legal Nature ◽  
The Status ◽  
Definition Of ◽  
Rule Making ◽  
Theoretical Foundations ◽  
Positive Results

The paper is devoted to certain provisions of the Hans Kelsen’s pure doctrine of law (normativism). Based on an analysis of legal and doctrinal sources, the author attempts to find the most accurate concept for the status of decisions of the constitutional court as a judicial body of constitutional control.  The identification of the theoretical foundations for a clear definition of the boundary between rule making and law enforcement is one of the most important problems of law. The situation of the constitutional control bodies is of particular interest. The status of the constitutional court as a judicial body of constitutional control implies that its acts are generally binding on the entire territory of the state. The question of the legal nature of these decisions, which in Russian science initially belonged to the number of debatable ones, deserves attention. Longterm disputes, however, have not yielded positive results; have not revealed the fundamental foundations on which it would be possible to develop the doctrine of the guarantees of the constitution. Thus, the decisions of the constitutional court are equated with both law enforcement acts and sources of law that exist in the form of a precedent or even in the form of a special normative act.

scholarly journals CONCEPT, FEATURES AND TYPES OF CORPORATE DISPUTES

2021 ◽  
pp. 40-52
Author(s):  
A.V. Slyvinska ◽  
Keyword(s):  
Case Law ◽  
Corporate Management ◽  
Legal Doctrine ◽  
Management Activity ◽  
Legal Entity ◽  
Corporate Rights ◽  
Legal Nature ◽  
Procedural Code ◽  
Definition Of

The article is devoted to the legal nature of corporate disputes, the study of their criteria and types. Deficiencies in cur rent definition of corporate dispute in the economic procedural legislation, as well as the lack of a single concept of corporate dispute in the legal doctrine are revealed. As a result, the problem of understanding the essence of corporate dispute and determining the jurisdiction of disputes arising from corporate relations remains crucial. It is concluded that a corporate dispute is a dispute between a legal entity of corporate type and its participant (foun der, shareholder, member), including a participant who left, related to the acquisition, exercise, termination of corporate rights, creation of a legal entity, implementation of corporate management, activity and termination of the legal entity. It is proposed to consolidate this definition of corporate dispute in paragraph 3 of part 1 of Art. 20 of the Economic Procedural Code of Ukraine. The key features of the corporate disputes are determined and characterized: content; special subject composition; grounds and circumstance in proof; plurality and exclusive nature of remedies in such disputes. It is established that the content of corporate dispute is corporate relations, which the legislation currently defines only through corporate rights. The necessity of complex understanding of corporate relations is substantiated and it is proposed to consider them in part 3 of Art. 167 of the Economic Code of Ukraine as relations related to the acquisition, exercise, termination of corporate rights, creation of a legal entity, implementation of corporate management, activity and termination of a legal entity. Based on the analysis of the features of corporate disputes, research of scientific approaches and relevant case law, the classification of such disputes is carried out. In particular, corporate disputes are proposed to be classified according to subjective, substantive criteria, as well as on the grounds of their occurrence. It is established a list of disputes that belong to corporate and distinguished them from related disputes. In order to resolve the problem of jurisdiction of disputes arising from corporate relations, it is proposed to enshrine in part 1 of Art. 20 of the Economic Procedural Code of Ukraine list of corporate disputes.

Primary state standard of the temperature in the range from 0 to 3200 °С, GET 34-2020: practical implementation of the new definition of kelvin

2021 ◽  
pp. 13-21
Author(s):  
Anatolii I. Pokhodun ◽  
Viktor M. Fuksov ◽  
Iurii A. Sild ◽  
Mikhail A. Mazanov ◽  
Mikhail S. Matveyev
Keyword(s):  
Temperature Scale ◽  
Primary Standard ◽  
Key Comparisons ◽  
Practical Implementation ◽  
Basic Principles ◽  
International Temperature ◽  
The Status ◽  
High Temperature Fixed Points ◽  
Definition Of ◽  
Comparison Of The Results

The article considers the necessity of ways of modernization the Primary standard of the temperature GET 34-2007. Special attention is paid to the transition to a new definition of kelvin. Taking into account that the new definition of kelvin does not directly affect the status of the current international temperature scales ITS-90 and PLTS-2000, but there are significant advantages for measuring thermodynamic temperatures below 20 K and above ~1300 K, the main focus of the modernization of the GET 34-2007 in the range from 273.15 K to 1235 K was focused on improving the methods and means of implementing the International Temperature Scale ITS-90. As part of the modernization of the Primary standard in the range above 1235 K, a set of equipment has been created that allows the reproduction of kelvin in accordance with its new definition by two methods recommended by the Consultative Committee: the method of absolute primary radiometric thermometry and the method of relative primary radiometric thermometry. The basic principles of the implementation of these methods, composition and metrological characteristics of the Primary standard are described. The results of key comparisons of the developed standard in the range from 273.16 K to 692.477 K and the results of temperature measurements of a number of high-temperature fixed points and a comparison of the results with the published results of leading national metrological institutes are presented.

scholarly journals Problematical issues of mediation conducted by a barrister during reconciliation within criminal proceedings

2019 ◽  
pp. 197-205
Author(s):  
A. Kovalchuk
Keyword(s):  
Public Awareness ◽  
Legal Framework ◽  
Criminal Proceedings ◽  
Basic Principles ◽  
Client Relationship ◽  
The Status ◽  
Problematic Issue ◽  
Definition Of

It is well known that one of the hallmarks of restorative justice is the use of mediation as an effective way of resolving the dispute. The above mentioned process proved to be quite popular in the practice of domestic lawyers, which in its turn became the basis for ambiguous practice and the need for the legislator's attention. That is why motive changes are taking place in Ukraine with the purpose of legislative consolidation of the institute. However, due to the lack of detailed legislative regulation of the basic provisions of regulation of mediation, namely - the status of mediator, regulatory secrecy of non-disclosure of client secrets, bodies of quality control of the provided services, etc., there is a possibility of abuse of the mentioned institute in the territory of Ukraine. The purpose of the article is to identify the issues that may arise in the case of the combination of lawyer and mediator roles within a single proceeding. Based on the analysis of the legal framework of domestic and international legislation, it is necessary to outline the following problems. It is argued that, to date, a major reason for the lack of active use of mediator services is the list of reasons which include both low level of public awareness and lack of legislative basis. That is why there is no proper attention to the problem of abuse of mediator status. It is concluded that the conduct of mediation by a barrister within one proceeding gives grounds for the risk of violation of the basic principles of mediation, namely – confidentiality and independence. These statements are based on the definition of difference of the professions in their nature and purposes. It is noted that a problematic issue is the fact that the lawyer-client relationship is governed by a contract for the provision of lawyer services, unlike the other party to the negotiations. This fact leads to a number of opportunities for abuse of the status of mediator and the exercise of fraudulent advocacy. It is stated the existence of a legal conflict in case of completion of the mediation procedure without result in the form of reconciliation between the suspect and the victim. It is also outlined the possibility of manipulation of the information provided by the parties in the case of a change in the role of the barrister. It has been determined that due to the retreat of the regulatory regulation of the mediation activity by the lawyer, there are no control bodies that could point out the quality of the lawyer's rendering of the above services.

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