Overcoming the identity of claims when re-applying to the court in civil cases

2021 ◽  
pp. 137-137
Author(s):  
Anna V. Goncharova
Keyword(s):  
Scientific Knowledge ◽  
Legal Basis ◽  
Legal Certainty ◽  
Close Attention ◽  
Actual Problem ◽  
Scientific Methods ◽  
Scientific Analysis ◽  
Analysis And Synthesis ◽  
Logical Method ◽  
The Subject

The work is devoted to the actual problem of repeated consideration by courts of general jurisdiction of similar disputes contrary to the principles of procedural economy and legal certainty. The main scientific methods are used: the dialectical-materialistic method of scientific knowledge, the formal-logical method, the method of analysis and synthesis. We subject the elements of the claim to scientific analysis as a means of its individualization. We examines in detail the views of scientists on the subject of the claim, the actual and legal basis of the claim, the parties and the content of the claim as objects of individualization of claims when establishing their identity. Close attention is paid to the use of alternative grounds of claim in disputes arising from ongoing legal relations. We study the ways of artificially changing the new claim in order to overcome the validity of the court decision made on the original claim. We formulate a proposal for a temporary restriction on the filing of new claims in disputes characterized by continuing legal relations, and also justifies the expediency of introducing the concept of “actual identity” of claims into scientific circulation. In conclusion, we mark the dishonest methods of overcoming of identity claims, among which manipulation of the legitimation of the parties to the dispute, interpretation existed at the time of consideration of the initial claim of the circumstances of the case as a new cause of action, the formal change of the plaintiff.

Features of Financial and Legal Incentives of Investment Activities in the Regions

2018 ◽  
Vol 9 (1) ◽  
pp. 210
Author(s):  
Nikita K. POPADYUK ◽  
Olga V. PANINA ◽  
Sergey G. EREMIN ◽  
Andrey I. GALKIN ◽  
Alexander A. SAVELYEV
Keyword(s):  
Financial Incentives ◽  
Russian Regions ◽  
Investment Activity ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Analysis And Synthesis ◽  
Logical Method ◽  
General Scientific ◽  
The Subject ◽  
Definition Of

Research of features of financial and legal incentives of investment activities in the regions. Methodological basis of the study raised issues were the following: general scientific methods of cognition generalization, analogy, analysis and synthesis, elaboration, comparison, logical method, etc. Conducted interdisciplinary analysis of literature and sources on stimulating investment activities, with particular emphasis given to the Institute financial and legal incentives. Formed the author's definition of the term ʼfinancial and legal stimulus of investment activity of regionsʼ. Studied types of financial and legal incentives of investment activities of the regions. Analyzed regional legislation and judicial practice on the subject of study places financial incentives in the legal field of regional legislation. Identified conflicts in the system of financial and legal incentives of investment activities of the regions. A proposal to optimize the preliminary control of the Prosecutor's offices of the legality of the investment legislation, in particular, the structure of which has different financial and legal incentives of investment activities in Russian regions.

scholarly journals The Forms of Criminal Prosecution

Legal Concept ◽  
2021 ◽  
pp. 167-175
Author(s):  
Ilya Dikarev ◽  
◽  
Sailaubek Baymanov ◽  
Keyword(s):  
Criminal Procedure ◽  
Point Of View ◽  
Criminal Prosecution ◽  
Legal Interpretation ◽  
Scientific Methods ◽  
Theoretical Position ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Subject ◽  
The Common

Introduction: the paper discusses the possibility of differentiating the forms of criminal prosecution. The critical analysis is subject to the widespread position in the science of criminal procedure that the forms of criminal prosecution are suspicion and accusation. This point of view is based on the conclusion that the content of criminal prosecution varies depending on the degree of proof of the guilt of the person subject to criminal prosecution. Concerning compliance with the principle of adversarial parties, the theoretical position is also evaluated, according to which one of the forms of criminal prosecution is conviction. The question of the grounds for differentiating the forms of criminal prosecution is studied. Purpose: the confirming the unified nature of the criminal prosecution carried out during the pretrial proceedings, regardless of the procedural position of the person accused of committing the crime. Methods: the paper uses the general scientific methods of analysis and synthesis, a systematic approach, as well as specific scientific methods: legal interpretation and logical-legal. The methodological framework was the dialectical method. Results: the study of the common position in the science of criminal procedure, according to which criminal prosecution at different stages of its implementation consistently takes the forms of suspicion and accusation, showed its inconsistency. From the standpoint of philosophy, the content always has a determining value, and the form is always determined. Accordingly, to establish a change in the form of criminal prosecution, it is necessary to make sure that the content of this activity changes. However, the degree of proof of the person’s involvement in the crime is not reflected in the content of the accusatory activity, it remains the same. Therefore, suspicion and accusation do not form the independent forms of criminal prosecution. At the same time, the differentiation of the forms of criminal prosecution is possible, but on different grounds. Conclusions: the differentiation of the forms of criminal prosecution should be made depending on, first, the organization of procedural activities that determine the role and powers of the subject of criminal prosecution in the process of proof; secondly, the procedural status of the participant in the criminal process on the part of the prosecution and, thirdly, the content of the fact in issue.

About the Classification of Housing Legal Relationship to Regulatory and Protective

2021 ◽  
pp. 39-45
Author(s):  
A.V. Mil’kov ◽  
◽  
S. I. Mukhametova ◽  
Keyword(s):  
Research Methods ◽  
The Past ◽  
Legal Relationship ◽  
Legal Nature ◽  
Analysis And Synthesis ◽  
Logical Method ◽  
The Subject ◽  
Goals And Objectives ◽  
Detailed Presentation

Statement of the problem. The question of the classification of housing legal relations into regulatory and protective ones is not debatable. But not because there is a consensus on this issue in the doctrine, but because until now it has not become the subject of special research. In some works, one can find a brief mention of the division of housing legal relations into regulatory and protective, but it is difficult to find a detailed presentation of the author’s position on this issue. Against the background of the active development of the classification of civil legal relations into regulatory and protective inattention to this issue in the science of housing law looks like a serious omission over the past decades. Goals and objectives of the study. The article discusses the main provisions justifying the classification under consideration, examines the attitude towards it in the literature of a housing legal nature. Research methods: the article uses a logical method, and above all such techniques as analysis and synthesis, functional and comparative legal methods. Results, brief conclusions: ignoring the classification in question leads to contradictions in the doctrine of housing legal relations, to the ingraining of unreliable ideas about the ratio of the categories included in this doctrine. It seems important to carry out further research of housing legal relations on the basis of a consistent classification of housing legal relations into regulatory housing legal relations and protective housing legal relations.

scholarly journals ANTHROPONYMS IN GENRE DIVERSITY IN THE ADVERTISING TEXTS OF VETERINARY PHARMACEUTICALS IN THE BEGINNING OF THE 20th CENTURY

2021 ◽  
pp. 25-50
Author(s):  
Svitlana NASAKINA
Keyword(s):  
20Th Century ◽  
Proper Names ◽  
Semantic Features ◽  
Veterinary Pharmaceuticals ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Subject ◽  
In The Beginning ◽  
Linguistic Methods

Introduction. The article discusses the features of proper names in advertising texts of veterinary pharmaceuticals. Attention is paid to the description of structural and semantic features of anthroponyms. We investigate proper names as the part of the structure of advertising texts of veterinary pharmaceuticals. The purpose of the article is the analysis of anthroponyms in advertising texts of veterinary pharmaceuticals. The object of the study is proper names in advertising texts of veterinary pharmaceuticals. The subject of the study is anthroponyms in advertising texts in the beginning of the 20th century. Materials and methods. The purpose determines the choice of methods in our study: general scientific methods of systematization, analysis and synthesis, quantitative analysis were used. The descriptive method of advertising texts is used in the work. Among the special linguistic methods, structural one was used, which helped in determining the features of the structure of anthroponyms. Anthroponyms for our research have been taken from the newspaper “Public Veterinary Bulletin” for the period of 1904-1906 years. Results. As a result of the study, structural and semantic features of anthroponyms were established. Сonclusions. Anthroponyms learned in advertising texts of veterinary pharmaceuticals in the beginning of the 20th century had been used almost in all analyzed texts. The practical value of the work lies in the fact that the analysis of anthroponyms in advertising texts opens up prospects for further researches, which may be connected with the identification of the specific characteristics of proper names in the advertising texts of veterinary pharmaceuticals in different languages. Summing up, a thorough analysis of the advertising texts of veterinary pharmaceuticals helped to establish the structure and functioning peculiarities of anthroponyms.

scholarly journals About the Status of Law Norms

2021 ◽  
Vol 1 (2) ◽  
pp. 58-68
Author(s):  
Vladimir Valentinovich Kozhevnikov
Keyword(s):  
Social Sciences ◽  
Point Of View ◽  
Scientific Article ◽  
Special Sciences ◽  
Legal Literature ◽  
Scientific Analysis ◽  
Analysis And Synthesis ◽  
The Status ◽  
General Scientific ◽  
The Subject

This article analyzes the problem of recommendatory norms in Russian literature, both Soviet and modern, which is solved ambiguously. As for Soviet theoretical scientists, recommendation norms were the subject of study by such authors as Nikolai Grigorievich Alexandrov, Alexander Filippovich Shebanov, Peter Yemelyanovich Nedbailo, Vladimir Srgeevich Petrov, Valery Evaldovich Krasnyansky. Viktor Mikhailovich Gorshenev, Cecilia Abramovna Yampolskaya, Vladimir Matveevich Solyanik, Viktor Lavrenievich Kulapov, whose scientific works are given below. Regarding modern legal literature, unfortunately, we have to state that, basically, with rare exceptions (scientific articles by Vladimir Valentinovich Kozhevnikov, Alexander Evgenievich Kondratyev, Sadri Salikhovich Kuzakbirdiev), this problem is considered only in educational literature. When preparing a scientific article, the following methods were used: general philosophical (dialectical-materialistic), which is used in all social sciences; general scientific (analysis and synthesis, logical and historical, comparisons, abstractions, etc.), which are used not only by the theory of state and law, but also by other social sciences; special methods (philological, cybernetic, psychological, etc.), developed by special sciences and widely used for the knowledge of state and legal phenomena; private scientific (formal legal, interpretation of law, etc.), which are developed by the theory of state and law. Soviet scientists - legal theorists: supporters and opponents of the recognition of recommendatory norms of law.  From the point of view of scientists, a "recommendatory" -containing recommendation, i.e. advice, wish [1], instruction [2].

scholarly journals On the peculiarities of the regional lawmaking process

2020 ◽  
pp. 25-38
Author(s):  
Olga Anatolevna Fomicheva
Keyword(s):  
Russian Federation ◽  
Process Analysis ◽  
Legal Regulation ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
Legislative Initiative ◽  
The Right

The subject of this research is practice of the constituent entities of the Russian Federation applied in legal regulation of lawmaking process. Analysis is conducted on legislation of the constituent entities of the Russian Federation regarding the establishment of their rights to realization of the legislative initiative. The author’s arguments on carrying out the analysis of regional legislation with regards to establishment of a circle of subjects with the right of legislative initiative are grounded on the scholars’ opinion that the status of the subject of realization of legislative initiative is special. The fact of recognition of the subject of lawmaking process as a subject of legislative initiative is a juridical fact bot only for acquisition of the right to introduction of a bill, but also guarantees for participation in lawmaking process of the parliament. Therefore, establishment of a circle of subjects with the right of legislative initiative is crucial in determination of peculiarities of the regional lawmaking process. Application of the general scientific methods of analysis and synthesis, allowed arranging the circle of the subjects of lawmaking process into groups, as well as formulate a conclusion on the specificities of setting rules for the lawmaking process realized in constituent entities of the Russian Federation. The philosophical methods of cognition of legal reality allowed determining the general rules of lawmaking process, summarize the acquired data, and comprehensively examine the research materials. Having analyzed the practice of legal regulation, the author identified the flaws in terminology used in practice of the constituent entities of the Russian Federation. Recommendations are made to pay closer attention to ambiguity of legislation in some regions of the Russian Federation. A conclusion is formulated on the positive experience that can become an example for other constituent entities of the Russian Federation in setting rules for the lawmaking process.

scholarly journals Epistemological issues of research of the subject and object of legal protection in genomic relations

2021 ◽  
Vol 25 (4) ◽  
pp. 872-887
Author(s):  
Anastasiya E. Semyonovikh
Keyword(s):  
Technological Development ◽  
Legal Protection ◽  
Scientific Rationality ◽  
Scientific Methods ◽  
Philosophical Foundations ◽  
Legal Relationship ◽  
Analysis And Synthesis ◽  
Genetic Technologies ◽  
General Scientific ◽  
The Subject

The relevance of the research topic is justified by the rapid technological development of genetics and genomics and introduction of genetic technologies and inventions in scientific and medical practice, which is not provided with a proper systematized legal protection in national and international legislation. The legislators problems are caused by the uniqueness and complexity of the genomic legal relationship. The subjects of knowledge in the framework of post-non-classical scientific rationality need to focus on the epistemological philosophical foundations of the knowledge of genomic legal relations. The purpose of the study is to identify and reflect the features of knowledge of the legal protection of genomic legal relations. Research tasks suggest defining the concept and composition of genomic legal relations, identifying the object and subject of legal protection of genomic legal relations, distinguishing between the concepts of "legal safeguard" and "legal protection" of genomic legal relations. The methodology of scientific research includes the dialectical method, general scientific logical operations (deduction and induction, analysis and synthesis), and private scientific methods (formal legal and comparative legal methods). Within the framework of the methodology of post-non-classical scientific rationality, a systematic approach to the study of the object of knowledge is used - the study of the structure, functional and instrumental aspects of the protective genomic legal relationship.

scholarly journals A Sociolinguistic Experiment in Defining the Forms of Impoliteness

2019 ◽  
Vol 25 (2) ◽  
pp. 323-337
Author(s):  
Svitlana Formanova ◽  
Tetiana Dombrovan
Keyword(s):  
Field Research ◽  
Comprehensive Analysis ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
Common Technique ◽  
The Subject ◽  
Characteristic Features ◽  
Set Up ◽  
High Degree ◽  
Descriptive Method

The importance of the study is determined by the need for a comprehensive analysis of the conducted sociolinguistic experiment in order to identify the forms and means of impoliteness and to clarify the linguistic status of the latter. The objective of the article is, by means of a survey, to find out the forms, types and means of impoliteness among the student youth. The investigation of social awareness of the anti-etiquette space based on the analysis of the SE participants’ answers has never before been in the focus of linguists. The object of the study is the sociolinguistic experiment, the subject being the characteristics of forms and means of impoliteness. The following scientific methods are employed: the method of observation – to fix linguistic and non-linguistic expressions of anti-etiquette forms; the descriptive method – to identify the characteristic features of forms and means of impoliteness; analysis and synthesis of factual material in order to systematize and classify the factual material; the field research method with a questionnaire as its most common technique – to collect the corpus; the quantitative method and the method of sociolinguistic analysis of the collected corpus – to process the revealed facts about the subject of the study; the psycholinguistic method – to process and analyze the speech data received from informants as a result of questioning, which helped to establish the forms, types and methods of impoliteness among students. Findings. The authors claim that a high degree of impoliteness in the speech of young people is a means of self-expression and self-establishment, a striving for violation of social taboo, a way to set up one’s own communicative rules. The use of the anti-etiquette forms of communication is influenced by a variety of factors such as age, sex, social status, area of residence, education, and profession. The survey has revealed certain differences in the regional use of the anti-etiquette forms in Ukraine. Being accurate and emotionally colored, those forms express a negative phenomenon which sometimes exists in the process of communication.

SUBJECTS EXECUTING CUSTODIAL SENTENCES: CONCEPT, CHARACTERISTICS, CLASSIFICATION

2021 ◽  
pp. 82-88
Author(s):  
Ренат Зинурович Усеев
Keyword(s):  
Scientific Article ◽  
Correctional Institution ◽  
Correctional Institutions ◽  
Legal Basis ◽  
Legal Norms ◽  
Analysis And Synthesis ◽  
Deductive Method ◽  
The Status ◽  
The Subject ◽  
State Coercion

В последние десятилетия окончательно определена правовая основа служебной деятельности сотрудников уголовно-исполнительной системы и исправительных учреждений. Сотрудники исправительных учреждений помимо субъекта несения службы являются важным субъектом, на которого государством возложены полномочия по приведению в исполнение меры государственного принуждения - наказания (самостоятельно или в составе учреждения, органа). Субъекты, исполняющие наказания в виде лишения свободы, обладают определенными признаками. К ним относятся: внешняя обособленность, персонификация, способность вырабатывать, выражать и осуществлять персонифицированную волю, приобретение свойства субъекта права в силу юридических норм. Рассматриваемых субъектов следует классифицировать на три группы: 1) исправительные учреждения (территориальный орган ФСИН России); 2) коллективные субъекты, исполняющие наказания (администрация, персонал (работники) исправительных учреждений); 3) персональные субъекты, исполняющие наказания (начальник исправительного учреждения, сотрудник исправительного учреждения). Цель работы - показать роль и значение субъектов, исполняющих наказания в виде лишения свободы, определить их ключевые черты и установить виды (персональные, коллективные либо имеющие статус юридического лица). Методами исследования в научной статье явились универсальные методы (анализ и синтез, индукция и дедукция, аналогия и классификация); теоретические методы (абстрагирование, гипотетико-дедуктивный метод) и др. Выводы и результаты работы определяются достижением ее целей. In recent decades, the legal basis for the official activities of employees of the penitentiary system and correctional institutions has been finally determined. Employees of correctional institutions, in addition to the subject of service, are an important subject to whom the State has the authority to enforce a measure of state coercion - punishment (independently or as part of an institution, body). Subjects who execute sentences in the form of deprivation of liberty have certain characteristics. These include: external isolation, personification, the ability to develop, express and exercise a personalized will, the acquisition of the property of the subject of law by virtue of legal norms. The subjects under consideration should be classified into three groups: 1) correctional institutions (territorial body of the Federal Penitentiary Service of Russia); 2) collective subjects executing punishments (administration, staff (employees) of correctional institutions); 3) personal subjects executing punishments (the head of a correctional institution, a correctional institution employee). The purpose of the work is to show the role and significance of the subjects executing sentences in the form of imprisonment, to identify their key features and to establish types (personal, collective or having the status of a legal entity). The research methods in the scientific article were universal methods (analysis and synthesis, induction and deduction, analogy and classification); theoretical methods (abstraction, hypothetical and deductive method), etc. The conclusions and results of the work are determined by the achievement of its goals.

scholarly journals Forensic support for the international search

2021 ◽  
Vol 10 (40) ◽  
pp. 244-252
Author(s):  
Oleksii Humin ◽  
Dmytro Nykyforchuk ◽  
Nataliia Pavliuk ◽  
Olena Volobuieva ◽  
Andrii Antoshchuk
Keyword(s):  
International Cooperation ◽  
Science And Technology ◽  
Legal Institution ◽  
Scientific Methods ◽  
Research Results ◽  
Separate Form ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Subject ◽  
Practical Recommendations

The purpose of the article is to formulate the basic theoretical principles and practical recommendations for forensic support for the international search. Subject of research: The subject of research is the concept, content, objectives and features of the implementation of forensic support for the international search. Methodology: In the course of the research general scientific methods, such as the methods of analysis and synthesis, induction and deduction, specification, summarization and analogy, etc. were used. Research results: According to the results of the research, it is substantiated that the international search is a complex legal institution and a separate form of international cooperation. Forensic support in this context is to create the conditions of preparedness and implementation of methods, tools, techniques of forensics in order to solve the problems of the international search. Practical consequences: It is proved that the international search is carried out according to certain stages, where certain measures of forensic support are necessary to be applied. Value / originality: Forensic support for the international search is to maximize the use of modern advances in science and technology to expand the range of sources of forensic information that can be applied in the international search.

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