scholarly journals Issues of Demarcation of Jurisdiction and Competence of Civil, Arbitration and Administrative Cases

2020 ◽  
Vol 12 ◽  
pp. 23-27
Author(s):  
Margarita S. Pavlova ◽  
Keyword(s):  
Legal Analysis ◽  
Legal Proceeding ◽  
Broad Interpretation ◽  
Administrative Jurisdiction

This article is devoted to analysis the norms of civil, arbitration and administrative procedural legislation, that are regulated the order of determination jurisdiction the civil, arbitration and administrative cases and proceeding to consideration of the case in accordance to the rules of civil and administrative jurisdiction as well. In particular the author considers the problems of distinction the type of legal proceeding in different stages of process depending on the possibility of distinction the related requirements. In the article there’s provided a comparative legal analysis the norms of GPK RF, APK RF and KAS RF based on the application of the law’s analogy rule. In the end the author draws conclusions about contradictory character amendments, contained in FZ № 451 and necessity of their broad interpretation in every situation.

scholarly journals Renascence of the administrative jurisdiction in Hungary

2019 ◽  
Vol 3 (1) ◽  
pp. 92-102
Author(s):  
Edit Horváth
Keyword(s):  
Public Administration ◽  
Scientific Community ◽  
Constitutional Court ◽  
Legal Analysis ◽  
National Assembly ◽  
The Status ◽  
Procedural Code ◽  
Legal Security ◽  
Administrative Jurisdiction ◽  
Law Making

The administrative jurisdiction is one of the guarantees of the civil legal security. However, a state has to „grow up” to this as to every legal guaranties. Administrative jurisdiction, and within it the creation of an independent administrative procedural order has been cause for much excitement in the law-making community basically from the early 1990 s, when control over administrative rulings became genuinely possible again. It was thus unsurprising that the codification of the Act on the procedural code of public administration was followed with interest, and the professional and scientific community gave regular updates on the status of the codification. Therefore, the fact that the president did not sign the Act passed by the National Assembly, but sent it to the Constitutional Court for evaluation instead caused a major stir. Based on the decision 1/2017. (I. 17.) of the Constitutional Court, the National Assembly eventually modified a number of provisions in the Act on the administrative procedural code and passed the Act again, which was then promulgated on March 1, 2017 as Act I/2017 on the administrative procedural code, and became effective, as per initial plans, on January 1, 2018. The article is not an ode to the Hungarian administrative jurisdiction or to the new independent administrative procedural code, but a historical and mainly legal analysis.

scholarly journals Access Rights as a Way to Communicate with a Child

2020 ◽  
Vol 16 (1) ◽  
pp. 11-16
Author(s):  
Maria V. Gromozdina
Keyword(s):  
Hague Convention ◽  
Legal Analysis ◽  
Child Abduction ◽  
European Court ◽  
International Child ◽  
Access Rights ◽  
Broad Interpretation ◽  
The Right ◽  
The Hague Convention ◽  
Right Of Access

The article deals with issues related to the exercise of parental access rights as a way of communicating with the child. A parent who claims to exercise the right of access is a separately residing parent and, as a rule, a foreign citizen. The implementation of the right of access is related to the application of the Hague Convention on Civil Aspects of International Child Abduction, 1980. In this connection, the author investigates the problems of application of the right of access by the Russian courts in solving family disputes related to upbringing of children. The situation is analyzed as to the possibility of a broad interpretation of the concept of "access rights", taking into account established international practice. The problem of a misunderstanding of the essence of access rights and the related limited application of the Convention's provisions are identified. The author is of the view that the rights of access and the procedure for communication with the child (in case of separation of parents) are independent legal institutions and do not replace each other. Comparative legal analysis confirms the author's conclusions, which are justified by examples of court practice. The choice of the method of protection of parental rights is determined by the person applying for protection and cannot be changed by the court in violation of the plaintiff's rights. Thus, the conclusion is made that it is necessary to analyze the jurisprudence of the European Court of Human Rights in order to properly apply the Convention.

scholarly journals Psychological features of falsehood as a method of coercion of testifying

2020 ◽  
Vol 6 (1) ◽  
pp. 128-136
Author(s):  
Evgeniya Chukanova ◽  
Tatyana Maltseva
Keyword(s):  
Freedom Of Expression ◽  
Criminal Code ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Cultural Traditions ◽  
Conscious Choice ◽  
Illegal Acts ◽  
The Will ◽  
Broad Interpretation ◽  
Psychological Features

Falsehood is recognized as an integral part of human communications, a unique phenomenon of social reality and socio-cultural traditions. The Criminal Code of the Russian Federation does not specify the concept of the sign “other illegal actions” as a way of committing coercion to testify, and this concept is not disclosed in criminal proceedings either. An overly broad interpretation of this feature found in scientific literature makes it difficult to correctly apply the norms of the Criminal Law. In this regard, the article examines the psychological signs of deception and the possibility of recognizing it as one of the methods of coercion to testify. Based on the psychological and legal analysis of the materials of the judicial and investigative practice, it was concluded that deception cannot be related to other illegal acts of forcing to give evidence, since this method of pressure from the interrogator always allows the interrogated to think over the proposals put forward and make a conscious choice, that is, when deceiving, there is no effect on the freedom of expression of the will of the defendant. In the event that information is received that the interrogators are receiving confessions using deception, the issue of bringing these persons to disciplinary responsibility should be resolved.

Hume's Colors and Newton's Colored Lights

2018 ◽  
Vol 16 (1) ◽  
pp. 1-18 ◽  
Author(s):  
Dan Kervick
Keyword(s):  
Human Nature ◽  
Experimental Results ◽  
Broad Interpretation ◽  
Colored Lights

In a 2004 paper, ‘Hume's Missing Shade of Blue Reconsidered from a Newtonian Perspective,’ Eric Schliesser argues that Hume's well-known discussion of the missing shade of blue ‘reveals considerable ignorance of Newton's achievement in optics,’ and that Hume has failed to assimilate the lessons taught by Newton's optical experiments. I argue in this paper, contrary to Schliesser, that Hume's views on color are logically and evidentially independent of Newton's results. In developing my reading, I will argue that Schliesser accepts an overly broad interpretation of the implications of Newton's experimental results, and takes inadequate account of Hume's disciplined methodological restrictions on the kinds of experiential evidence that are to be admitted in building the foundations of his science of human nature.

The Racialization of the African-American and Asian-American Citizen: A Comparative Legal Analysis

2019 ◽  
Vol 3 ◽  
pp. 30-41
Author(s):  
Mallory Yung
Keyword(s):  
African American ◽  
Asian Americans ◽  
Asian American ◽  
Model Minority ◽  
Legal Discourse ◽  
Court Cases ◽  
Legal Analysis ◽  
Critical Race ◽  
Social Hierarchies ◽  
American Citizen

The perception of racial tensions in North American settler countries has historically been focused on the Black/White relationship, as has much of the theoretical legal discourse surrounding the concept of “race”. Accordingly, the scope of much critical race scholarship has been restricted such that it rarely acknowledges the racial tensions that persist between different racially-excluded minorities. This paper hopes to expand and integrate the examination of Black and Asian-American racialization that critical race scholars have previously revealed. It will do this by historicizing the respective contours of Black and Asian-American racialization processes through legislation and landmark court cases in a neo-colonial context. The defining features of racialization which have culminated in the ultimate divergence of each group’s racialization will be compared and contrasted. This divergence sees the differential labeling of Asian-Americans as the ‘model minority’ while Blacks continue to be subjugated by modern modalities of exclusionary systems of control. The consequences of this divergence in relation to preserving existing racial and social hierarchies will be discussed in the final sections of this paper.

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