scholarly journals The History of Review of the Issue of the Legal Nature of a Legal Recognition in the Soviet Civil Procedure

2020 ◽  
Vol 4 ◽  
pp. 7-11
Author(s):  
Nikita A. Tryapochkin ◽  
Author(s):  
Valentyna Vasylieva ◽  
Anatolii Kostruba

The article is devoted to adaptation of the national corporate law to the law of European Union`s corporations. Special attention has been given to define the legal nature of the corporation. It is concluded that there is no established understanding of the above concepts in national legal science. The main approaches to the corporate legal nature in particular European systems of justice - in FRG, France, England - are considered in depth. Significant differences between the legislation of Ukraine and legislation of the European Union countries based on the history of their development and peculiarities of specific national systems of justice are detected. The regulation of corporate relations in the European Union at supranational level is considered. It is concluded that the European Union supranational law is its corporate law. The priority areas for unification of European corporate law at the supranational level are analyzed. The main instruments to adjust the activities of corporations in EU law are identified to be the Directives aimed at harmonizing and unifying national legislation of EU Member States.


Lex Russica ◽  
2019 ◽  
pp. 161-173 ◽  
Author(s):  
A. O. Chetverikov

   Сontinued. See: LEX RUSSICA. 2019. № 4. Pp. 151—169This paper is the first in Russia comprehensive theoretical and practical study of one of the world’s largest international scientific installations of the «megasience» class — the Large Hadron Collider (LHC) — from the standpoint of legal science.The author focuses on the unique legal status and legal nature of international scientific collaborations, with the help ofwhichscientistsfromdozensofcountries, including Russia, carry outresearchandmakescientificdiscoveries on the LHC. The paper considers and analyzed the following: the history of development, general principles of the LHC and the European organization for nuclear research (CERN), under the auspices of which its construction was carried out; the principles of the structure and functioning of international scientific collaborations around the LHC; the legal nature of their constituent documents as acts of soft law; the ratio of soft and hard law mechanisms in the regulation of international scientific collaborations around the LHC.The final section presents data and proposals on the use of the legal mechanisms studied in other countries and international organizations, including for the purpose of the construction of scientific installations of the «megasience» class under the auspices of the national scientific organizations of Russia and the Joint Institute for Nuclear Research in Dubna (Moscow region).


2021 ◽  
Author(s):  
Zoran Jovanović ◽  
◽  
Stefan Andonović

The Vidovdan Constitution of the newly formed Kingdom of Serbs, Croats and Slovenes is one of the most important monuments of regional history of constitutional law. Adopted in 1921, in order to determine the basic principles of state and social organization, the Vidovdan Constitution contained certain provisions that are still acceptable today 100 years later. Moreover, the Vidovdan Constitution represents one of the most important moments in the creation of the administrative judiciary of the states that later emerged in the territory of the Kingdom. Namely, the literature states that the organization of the administrative judiciary, provided by the Constitution, leads to the most significant period in the development of the administrative judiciary (in Serbia) from its founding in 1869 until the Second World War. In this regard, as one of the most important aspects, authors emphasize the introduction of a two-tier administrative judiciary, with significant guarantees of professionalism in the selection of judges. Having in mind its significance in the history of the administrative judiciary, the authors will analyze the basic constitutional norms regarding the legal nature and organization of the administrative judiciary. Also, the research will include the issue of the position of judges of the administrative court and members of the State Council. In addition to the constitutional provisions, paper gives mentions to relevant provisions of the Law on the State Council and Administrative Courts, as well as the Decree on the State Council and Administrative Courts adopted shortly after the Vidovdan Constitution.


1967 ◽  
Vol 2 (2) ◽  
pp. 210-231 ◽  
Author(s):  
Ernst Livneh

The new Israel Civil Procedure Rules, 1963 re-enact in rr. 269–82, with certain amendments, rr. 241–50 of the Palestinian Civil Procedure Rules, 1938 dealing with “Summary Procedure on Specially Endorsed Statement of Claim”, which in their turn were a colonial version of Order XIV of the English Rules of the Supreme Court. A glance at some recent judgments in Israel shows a surprising number of cases in which doubts have arisen as to the application and scope of the Summary Procedure in general and the defendant's right to be heard in particular. One may wonder whether litigants and lower courts quite understand the rules of the game or whether the game is after all not as easy as might be expected of a summary procedure. And indeed, compared with institutions in continental Europe, where scores of thousands of claims are disposed of without discussion and complaint, our Summary Procedure seems inelegant and burdensome on plaintiff and defendant alike. It is the object of this study to compare it, and the procedure under the English Order XIV, with those European institutions. In view of the gap between Anglo-Israel and Continental notions of civil procedure it may be useful also to sketch the history of the various forms of action, viz. the (summary) trial by documents, the non-litigious executory instruments and the conditional command to pay.


1928 ◽  
Vol 37 (5) ◽  
pp. 680
Author(s):  
Charles E. Clark ◽  
Arthur Engelmann ◽  
Robert Wyness Millar
Keyword(s):  

2019 ◽  
Vol 5 (3) ◽  
pp. 59
Author(s):  
Dmytro Bielov ◽  
Myroslava Hromovchuk

The scientific publication is devoted to highlighting the peculiarities of the legal nature of the constitution. The authors consider the structure and content of the constitution of the state in the context of its functions. The specificity of the content of the newest constitutions in the history of world constitutionalism is considered. The correlation between the constitution and the state policy is established. Modern approaches to understanding the nature of the constitution are considered. The legal nature of the Constitution of Ukraine is determined. Proven, the main and still unresolved issue is the ambiguity of what is proposed to adopt: a new Constitution, a new version of the current Constitution, amendments and additions to the current Constitution. Although paradoxical, in Presidential speeches, these terms are used repeatedly as synonyms. However, legally they are completely different concepts. This terminological confusion carries a great danger of loss of landmarks and prevents a clear statement of the problem in a purely legal area. We believe that the constitutional process is too politicized today. In our opinion, the acutest political struggle is underway for adopting a form of constitution that is convenient for one of the parties. But in fact – for power – everyone wants a maximum of power. Including through their Constitution enforced in some way. However, the Basic Law should be adopted not from the conjuncture considerations of political expediency but be a complete legal document, taking into account the achievements of the world jurisprudence, with the strict observance of all the prescribed legal procedures. After all, the constitution should be the main document of the state, at least for a decade.


Author(s):  
Valerii Kolpakov

Article investigates the administrative procedural relations which exist in sphere of action of administrative courts. The place of these establishes the relations in administrative law of Ukraine. For this purpose author investigates the legal nature of norms of administrative legal proceedings; analyzes the legislation on administrative courts; considers practice of work of administrative courts; studies history of administrative judicial system; analyzes scientific research in the sphere administrative law, administrative process, functioning of judicial system; studies drafts of normative documents in the sphere of administrative legal proceedings. As a result of the research author proposed definition of the administrative process.


Author(s):  
Marta Cornelia Ghilea
Keyword(s):  

Engagement is making a comeback to the landscape of the new Romanian civillegislation, being known that it has deep roots in the history of Romanian law. Theinstitutionalization of engagement was justified by experts as a traditional reality in Romania.This article investigates aspects concerning the evolution of engagement, the content of thissui generis legal act, its legal nature, the substantive and procedural conditions, as well asconsiderable issues relating to the legal effects of engagement, particularly its rupture


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