scholarly journals ISSUES OF LEGAL REGULATION OF CIVIL LAW LIABILITY OF THE STATE FOR VIOLATION OF PERSONAL CONSTITUTIONAL RIGHTS AND FREEDOMS IN THE REPUBLIC OF BELARUS

2019 ◽  
Vol 11 ◽  
pp. 50-54
Author(s):  
Svetlana N. Shabunevich ◽  
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
The State ◽  
Constitutional Rights ◽  
The Republic

Medico-Social Examination: the Modern Aspects of Legal Regulation

10.12737/5942 ◽  
2014 ◽  
Vol 8 (1) ◽  
pp. 1-6
Author(s):  
Разиньков ◽  
D. Razinkov ◽  
Михайлов ◽  
I. Mikhaylov ◽  
Михайлова ◽  
...  
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Government Support ◽  
Sociological Research ◽  
Constitutional Rights ◽  
Disabled People ◽  
Government Programs ◽  
Social Sphere ◽  
Traditional Classification

In article the legislative base, which is the foundation of functioning of the state system of medical-social examination, is considered and analyzed. The questions of legal regulation of the state activity in the sphere of social policy concerning disabled people are discussed. The methods of sociological research and logical analysis of literature and official normatively-legal papers, being the basis of activity of the system of medico-social examination and sphere of giving to the invalids the equal with other citizens possibilities in realization of constitutional rights and freedoms, public welfare and establishment, are applied to the invalids as the measures of government support. In conclusions the emphasis is placed on need of carrying out radical restructurings for system of medico-social examination. It is offered to modify the existing classification of indexes of health and indexes, related to the health taking into account the socio-economic, climatic and other features; to strength the control of execution of government programs in the medico-social sphere; to modify the traditional classification of groups of disability; to change a way of features accounting of disabled people with various functional violations proceeding from a complex assessment of dysfunction of the neuro-physiological and psycho-physiological statuses; to use the innovative technologies of diagnostics, treatment, rehabilitation in correction of the functional violations with taking in mind not only the nosologic group of disease, but by an individual approach.

Features of the legal status of subjects of Civil Law

2021 ◽  
Vol 28 (2) ◽  
pp. 181-188
Author(s):  
Iryna I. Banasevych ◽  
Ruslana M. Heints ◽  
Mariia V. Lohvinova ◽  
Oksana S. Oliinyk
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Historical Analysis ◽  
Legal Regulation ◽  
The State ◽  
Roman Law ◽  
Historical Method ◽  
Legal Method ◽  
Definition Of ◽  
Legal Entities

Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical issues related to the subjects of civil law. The above issues determine the relevance of the study of the features of the legal status of subjects of civil law. The purpose of the study is to investigate the features of the legal status of subjects of civil law based on doctrinal and legislative analysis. The study is based on a systematic approach, which lies in studying a complex system of relationships between subjects of civil law. Furthermore, the study is based on the laws and principles of dialectics, which contribute to the study of the legal status of the subjects of civil law. Systemic and structural-functional analysis was used to comprehensively describe the legal status of subjects of civil law. The historical method contributed to the study of the evolution of research on the subjects of civil law. The formal legal method helped identify the special features of the provisions of regulations concerning the subjects of civil law. With the help of the comparative legal method, the study analysed the provisions of the Civil Code of Ukraine in terms of regulation of subjects of civil law and such regulation was compared with other countries. The study defined the concepts and types of subjects of civil law and considered the features of the legal status of individuals, legal entities, as well as the state as a special participant of civil law. Special attention was paid to the historical analysis of the development of approaches to the definition of subjects of law, starting with Roman law

scholarly journals Features of Legal Regulation of the Circulation Order of Gift Certificates

2019 ◽  
pp. 72-80
Author(s):  
Avak Vartanian
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Advance Payment ◽  
Foreign Countries ◽  
The Gift ◽  
The Usa ◽  
The Subject ◽  
The Republic ◽  
Gift Certificate

The article analyzes the novels of the legislation of the Republic of Belarus concerning the procedure for using gift certificates when selling goods (performance of works, rendering services). It has been done a comparative analysis of the legal regulation of the procedure for circulation of gift certificates in the Republic of Belarus, Ukraine and some foreign countries (Canada, the USA). The author raises some problems concerning the use of a gift certificate in civil circulation. It is pointed out that there is uncertainty both in the theory of civil law and at the level of legislative regulation regarding the civil law nature of a gift certificate. It is noted that the analysis of the legislation in force in the Republic of Belarus allows us to define a gift certificate as a document certifying the property right (requirement) of its holder (bearer) to receive goods (works, services), and the amount of money contributed when purchasing a gift certificate, as advance payment (advance payment). At the same time, such an approach of the legislator is criticized due to the fact that there is a clear contradiction to the requirements of Art. 402 of the Civil Code of the Republic of Belarus, from the content of which it follows that the advance payment presupposes the existence of a contract in which the subject has been agreed, which is not typical of most gift certificates, due to the fact that they do not contain an indication of the subject of the contract. Having done the analysis of the civil legislation of Ukraine, the author makes a conclusion that there is application of the rules on a purchase agreement to gift certificates, the subject of which may be property rights in accordance with the Civil Code of Ukraine. The conclusion is made about the imperfection of the legal regulation of the procedure for circulation of gift certificates in the Republic of Belarus and Ukraine, as well as about the complex legal nature of the gift certificate, regarding which legal regulation should be more universal, defining a gift certificate as an independent object of civil legal relationship.

SOCIAL PROTECTION ASAN IMPORTANT PART OF HUMAN PROGRESS AND THE DEVELOPMENT OF SOCIETY

2021 ◽  
Vol 6 (5) ◽  
pp. 57-62
Author(s):  
Makhmudjon Ziyadullaev ◽  
Keyword(s):  
Social Security ◽  
State Policy ◽  
Social Protection ◽  
The State ◽  
Constitutional Rights ◽  
The Republic ◽  
State Pension ◽  
To Receive

This article discusses proposals for making regardingchanges to the current law "On state pension provision of citizens", reforms carried out in the field of social protection of the population of the Republic of Uzbekistan, on the constitutional rights of citizens, especially pensioners, to receive social security, revising the criteria for determining the purpose and size social payments, the development of an integral state policy in the field of social protection of the population and the determination of the state agencyresponsible for its implementation

Trends and Problems of Legal Regulation of Relationships between State and Business

10.12737/7245 ◽  
2014 ◽  
Vol 3 (1) ◽  
pp. 0-0
Author(s):  
Андрей Габов ◽  
Andrey Gabov
Keyword(s):  
Legal System ◽  
General Result ◽  
Civil Law ◽  
Legal Regulation ◽  
The State ◽  
Evidence Based ◽  
Present Stage ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
State Relations

This article analyzes some important trends and issues in the development of legal regulation of relations between the state and business. The article noted the main negative trends and challenges in the development of legislation at the present stage: the increasing instability of legal regulation; lack of priorities and evidence-based forecast, the consistency of decisions etc. These trends are accompanied by comments and examples from recent changes in the civil law. It is noted that the General result of all these negative trends is the increasing uncertainty of legal regulation, reducing its effectiveness. It is noted that the shortcomings of our legal system in part of state relations and business at the present stage amplified two significant external challenges: the creation of a Eurasian economic Union (EEU) and participation in the WTO; the adoption of a number of States sanctions against Russia in connection with the known events in Ukraine.

scholarly journals On the question of forms and types of property rights in civil law

2020 ◽  
Vol 80 (4) ◽  
pp. 62-67
Author(s):  
Zh. Talipova ◽  
Keyword(s):  
Property Rights ◽  
Common Property ◽  
Civil Law ◽  
Comprehensive Analysis ◽  
The State ◽  
Property Relations ◽  
Territorial Unit ◽  
The Republic ◽  
Legal Concepts ◽  
The Right

The right of ownership, like property itself, occupies one of the main places in public life. Statutory regulation of property relations in the Republic of Kazakhstan existed throughout the entire period of statehood formation. Today, property relations are regulated by the norms of various branches of law. But civil law regulation occupies one of the most important places in the system of regulatory regulation. This article deals with a comprehensive analysis of the main legal concepts, such as property, owner, subject of property rights, as well as forms and types of property, the grounds for the emergence and termination of property rights and ways to protect and protect the absolute right of the owner. A certain thing may belong to several persons as common property. In this case, the right of ownership is distributed among several owners (co-owners). The totality of legal norms on common property forms the institution of common property law. The purpose of this work is a comprehensive analysis of the main legal concepts, such as property, owner and subject of property rights, as well as forms and types of property, the basis for the emergence and termination of property rights and the definition of ways to protect and protect the absolute right of the owner. The means of achieving this goal is the study of the works of Kazakh legal scholars, the study of the analysis of practical materials. The article uses the following methods: comparative-legal, system-structural, formal-logical, as well as the method of system analysis. The legislation of Kazakhstan provides for two subjects of State property that have the right to act on their own behalf: the Republic of Kazakhstan as a whole (in respect of property constituting republican property) and the administrative – territorial unit (in respect of property constituting municipal property). That is, in civil circulation, data are carriers of state property rights. Depending on the tasks performed, the State exercises the powers of the owner on behalf of one of the specified entities. The Republic of Kazakhstan and the administrative-territorial unit are not legal entities. However, unless otherwise provided by legislative acts, they are subject to the rules governing the participation of legal entities in relations regulated by civil law. The state and administrative-territorial unit, as special subjects, have all the rights of subjects of civil legal relations and are limited in legal personality only by the current legislation.

scholarly journals Legal regulation analysis of energy efficiency in the Republic of Serbia

2020 ◽  
Vol 10 (2) ◽  
pp. 75-80
Author(s):  
Aleksandra Ilić-Petković ◽  
Jelena Malenović-Nikolić
Keyword(s):  
Energy Efficiency ◽  
Renewable Energy ◽  
Renewable Energy Sources ◽  
Modern Society ◽  
Legal Regulation ◽  
The State ◽  
Energy Sources ◽  
Economic Interests ◽  
The Republic ◽  
Mere Existence

Sustainable development, as a generally accepted concept of modern society, implies the protection of the environment as one of the basic goals. This goal is achieved, among other things, through the use of renewable energy sources and energy efficiency. The improvement of energy efficiency and application of renewable energy sources should be incorporated while preserving the economic interests of the state. In order to harmonize these interests, the state must introduce the policy in the field of energy, which will simultaneously take care of both the environment and the economy. Among the most important instruments of such a policy are legal regulations. The Republic of Serbia has an extensive and thoroughly structured system of regulations in the field of energy efficiency. The mere existence of regulations in this area is not enough. It is only a necessary precondition for their consistent application, as well as control of the application by inspection bodies.

scholarly journals Modderklip Revisited: Can Courts Compel the State to Expropriate Property where the Eviction of Unlawful Occupiers is not Just and Equitable?

2018 ◽  
Vol 21 ◽  
pp. 1-21
Author(s):  
Jackie Dugard
Keyword(s):  
South Africa ◽  
Separation Of Powers ◽  
The State ◽  
Court Case ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Western Cape ◽  
The Supreme Court ◽  
Constitutional Right ◽  
The Republic

This article examines whether, to give effect to the section 26 constitutional right to adequate housing, courts can (or should) compel the state to expropriate property in instances when it is not just and equitable to evict unlawful occupiers from privately-owned land (unfeasible eviction). This question was first raised in the Modderklip case, where both the Supreme Court of Appeal (Modder East Squatters v Modderklip Boerdery (Pty) Ltd; President of the Republic of South Africa v Modderklip Boerdery (Pty) Ltd 2004 3 All SA 169 (SCA)) and Constitutional Court (President of the Republic of South Africa v Modderklip Boerdery (Pty) Ltd 2005 5 SA 3 (CC)). dodged the question, opting instead to award constitutional damages to the property owner for the long-term occupation of its property by unlawful occupiers. It is clear from cases such as Ekurhuleni Municipality v Dada 2009 4 SA 463 (SCA), that, mindful of separation of powers concerns, courts have until very recently been unwilling to order the state to expropriate property in such circumstances. At the same time, it is increasingly evident that the state has failed to fulfil its constitutional obligations to provide alternative accommodation for poor communities. In this context, this article argues that there is a growing need for the judiciary to consider, as part of its role to craft effective remedies for constitutional rights violations, the issue of judicial expropriation. It does so, first, through an analysis of the relevant jurisprudence on evictions sought by private landowners and, second, through an in-depth engagement of the recent Western Cape High Court case, Fischer v Persons Listed on Annexure X to the Notice of Motion and those Persons whose Identity are Unknown to the Applicant and who are Unlawfully Occupying or Attempting to Occupy Erf 150 (Remaining Extent) Phillipi, Cape Division, Province of the Western Cape; Stock v Persons Unlawfully Occupying Erven 145, 152, 156, 418, 3107, Phillipi & Portion 0 Farm 597, Cape Rd; Copper Moon Trading 203 (Pty) Ltd v Persons whose Identities are to the Applicant Unknown and who are Unlawfully Occupying Remainder Erf 149, Phillipi, Cape Town 2018 2 SA 228 (WCC).    

scholarly journals Features of the Commission of Fraud, Coupled with the Failure to Comply with the Provisions of a Civil Contract

2019 ◽  
Vol 12 (3) ◽  
pp. 69
Author(s):  
Togaibayeva S. S. ◽  
Yelyubayev M. S. ◽  
Aikumbeckov N. ◽  
Togaibayev A. I. ◽  
Khanov T. A.
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Legal Norms ◽  
The Republic ◽  
Fraudulent Activity ◽  
Contractual Obligations ◽  
The Moment ◽  
Objective Side ◽  
Civil Contract

The relevance of the study due to the need to consider the composition of a criminal offense in the form of fraud under the laws of the Republic of Kazakhstan. New market relations and insufficient legal regulation of certain aspects have expanded the offenders' ability to use the imperfections of legal norms for their own mercenary purposes. The difficulties arising in practical activities necessitate the clarification of controversial issues and the development of sound recommendations for the correct qualification and delimitation of fraud from other legal relations. Based on the study of practical examples of individual forms of fraud, the need for a differentiated approach to qualifications and the establishment of responsibility for fraud is indicated. The main content of the article is aimed at identifying and disclosing the basic concepts that determine the content of the considered offense and highlighting the main forms of deception that ensure the offender to achieve a criminal result. The objective and subjective characteristics of the composition of fraud are investigated, the features of establishing individual qualifying characteristics are considered. The main method of research used a comparative legal analysis of domestic legislation, used statistical data and the results of a survey of law enforcement officers. The article touches upon the problem of non-fulfillment of contractual obligations as a sign of fraud in the business sphere. Identified and investigated some signs of the objective side of fraudulent activity, in which as a cover for illegal actions, the use of civil law contracts that facilitate the commission of fraud is used. It justifies the conclusion that, taking into account the signs of the objective side, the moment of the end of fraud, coupled with non-fulfillment of contractual obligations, is different from the moment of the end of the usual fraud. Article materials may be valuable for practitioners of pre-trial investigations in terms of scientifically based proposals and recommendations on the qualification of typical fraudulent acts veiled under a civil law transaction.

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