Development of voluntary marriage principle in Russian family law

2021 ◽  
pp. 716-728
Author(s):  
Nelli A Ivanova ◽  
Elvira A. Guruleva
Keyword(s):  
Family Law ◽  
Family Relations ◽  
Legal Regulation ◽  
Scientific Methods ◽  
Optimal Balance ◽  
General Scientific ◽  
Russian Law ◽  
Definition Of ◽  
Domestic Law ◽  
Personal Interests

We consider the issues of origin and development of voluntary marriage principle, which is the basis of legal regulation of family relations in modern Russia. The purpose of the study is to examine the features of development of voluntary marriage principle of in Russian law. We use general scientific methods (dialectical, logical, systematic), private scientific methods (historical, statistical, sociological), as well as special legal (comparative legal, formal legal). We note that the voluntary nature of the marriage union is revealed through the freedom of marriage and freedom of its dissolution. The following stages are distinguished in the development of voluntariness principle: the pre-Christian period, the period after adoption of Christianity before the reign of Peter I, the period of empire, the Soviet and post-Soviet periods. We conclude that the development of voluntary condition was consistent and corresponded to the democratization of society. We note that the definition of the boundaries of the freedom of divorce in domestic law was of a fluctuating nature: from the tightening of divorce to its liberalization. We draw attention to the fact that the issue of divorce freedom legal regulation is to find the most optimal balance of the personal interests of spouses who are dissolving their marriage, their children, as well as society and the state.

Forms of protection of interests in family law

2021 ◽  
pp. 146-158
Author(s):  
Svitlana Khodak
Keyword(s):  
Family Law ◽  
Family Relations ◽  
Legal Regulation ◽  
Educational Process ◽  
Practical Significance ◽  
Single Type ◽  
Scientific Methods ◽  
Legal Method ◽  
Self Defense ◽  
The Right

Purpose. The purpose of the study is to determine the forms of protection of interests in family law. It is also necessary to disclose the features of forms of protection of interests in family law, and consideration of jurisdictional and non-jurisdictional forms of their protection. Methodology. Among the philosophical, general and special scientific methods used such as is the technical and legal method, which is used in the study of methods and forms of protection of interests in family law. Scientific novelty is that the article states that under the form of protection of interests in Family law should be understood as an internally agreed set of family law-based organizational and other measures carried out within a single type of procedures, agreed on a common goal, aimed at preventing, terminating violations and restoring them, by a special jurisdiction The study further developed the provision that the list of ways to protect family interests should go beyond the Family Code, be open, which determines the possibility of their protection in other ways not prohibited by law. Under the jurisdictional form of protection of interests in family law means e activity of the bodies authorized by the state on protection of family rights and interests of participants of family relations. The bodies that provide such protection include: the court, guardianship authorities, notary and prosecutor. The universality of the judicial form of protection of interests in family law is substantiated. At the same time, an approach has been adopted, according to which not only the violated interest is subject to protection, but also such an interest, which has not been violated at the time of protection in order to prevent violation. A non-jurisdictional form of protection of family interests is a factual action that a subject of family law commits to protect his or her own interest or the interest of another person without recourse to the relevant jurisdictions. Results. The author singles out two ways of exercising the right to self-defense of interest in family law: 1) self-defense of one's interest; 2) self-defense of another person's interest. The article proves the effectiveness of mediation as a jurisdictional form of protection of family interests. Practical significance. The results of the study can be used in lawmaking to improve legislation in the field of legal regulation of the category of interest; in the educational process - in the development of textbooks, teaching materials on the subject "Family Law of Ukraine".

Subsidiary Liability of Actually Controlling Persons in Cases of Bankruptcy: Theory and Judicial Practice

2020 ◽  
Vol 11 ◽  
pp. 72-85
Author(s):  
A. V. Efimov ◽  
Keyword(s):  
Legal Regulation ◽  
Practice Research ◽  
Legal Entity ◽  
Scientific Methods ◽  
Judicial Practice ◽  
The Status ◽  
Degree Of Certainty ◽  
General Scientific ◽  
Definition Of ◽  
Actual Control

Currently, the problem of subsidiary liability of controlling persons is complicated by the specifics of the status of persons who are not in legal relations with the debtor, but actually control it. The identification of actually controlling persons is difficult due to the insufficient certainty of the signs of actual control. It is important to note that the degree of certainty of the signs of actual control at the level of legal regulation affects the accuracy of the qualifications of persons as controllers when considering specific court cases. The purpose of this article is to formulate theoretical conclusions on the identification and prosecution of actually controlling persons on the basis of judicial practice. Research objectives: assessment of the legal regulation of subsidiary liability of controlling persons; assessment of situations of actual control; identification of signs of actual control. This article is based on general scientific methods (systemic, functional, a group of logical methods such as deduction, induction, analysis, synthesis) and special legal methods (formal legal, legal modeling method). As a result, it was concluded that the definition of controlling persons includes both persons who are in legal relations with a legal entity (nominal control), and persons who are not in legal relations with a legal entity, but nevertheless have the ability to provide actual the control. Since the signs of actual control are insufficiently defined at the level of legal regulation, problems of subsidiary liability of actually controlling persons arise in judicial practice. It was revealed that the courts qualify actual control due to circumstances that indicate either the exercise of specific powers of the debtor's bodies directly by the actually controlling persons; or that the powers of the debtor's bodies are exercised by nominal controlling persons, but their will is formed by actually controlling persons.

scholarly journals SUBJECT OF PROCEDURAL LAW: METHODOLOGICAL APPROACH TO DEFINITION

2020 ◽  
Vol 24 (3) ◽  
pp. 572-590
Author(s):  
Valery P. Belyaev ◽  
Tamila M. Ninciyeva
Keyword(s):  
Social Relations ◽  
Methodological Approach ◽  
Legal Regulation ◽  
Scientific Publications ◽  
Scientific Methods ◽  
Procedural Law ◽  
Starting Point ◽  
General Scientific ◽  
Definition Of ◽  
Social Importance

The purpose of the study of this article is a general theoretic analysis of scientific views on the essence of legal regulation and its object for the development and formation of a definition of the object of procedural legal regulation. General scientific and special scientific methods including formal-legal and comparative-legal, as well as logical techniques, have been chosen for the research; they allowed to reveal the essence of the legal regulation and its object, and eventually - to formulate the author 's definition of the object of procedural-legal regulation. A review of scientific publications shows that legal regulation generally implies a streamlining effect on social relations on the part of authorized entities. The essence of legal regulation lies in the legal impact on social relations with a view to their regularization, carried out by authorized entities through legal activities. The object of legal regulation is a set of social relations subject to legal regulation, which is the starting point for understanding the concept of the object of procedural and legal regulation. In turn, social relations, as a stable connection of interacting subjects, meet such criteria as social importance, conscious will, typology, frequency, formal equality of subjects of legal life and others. As a result of the research, it was concluded that the object of procedural and legal regulation should be understood as a scope of certain social relations regulated by the rules of procedural law and procedural activities of specially authorized entities.

scholarly journals Legal regime: the concept and features

2021 ◽  
Vol 25 (1) ◽  
pp. 281-293
Author(s):  
Galina S. Belyaeva
Keyword(s):  
Theoretical Analysis ◽  
Public Relations ◽  
Legal Regulation ◽  
Legal Regime ◽  
Instrumental Approach ◽  
Scientific Methods ◽  
Special Procedure ◽  
Legal Nature ◽  
General Scientific ◽  
Definition Of

The purpose of the study is to conduct a general theoretical analysis of scientific approaches to the definition of the concept and essence of the legal regime in order to overcome its narrow industrial understanding and identify the role and significance in the process of legal regulation. General scientific and private scientific methods of knowledge including formal legal and comparative legal methods have been chosen as research methods of this paper. Logical techniques allowing to reveal the essence of legal regimes and formulate the author's definition of them have also been applied. The analysis of scientific works expressing various opinions indicates that at present an instrumental approach to the definition of the concept and essence of the legal regime prevails directly (or indirectly through the procedure of legal regulation) as a set of legal means (instruments). The following are mentioned as signs of the legal regime: mandatory normative legal consolidation (formal legal nature), specific target, special regulatory order based on a combination of legal means and methods of legal regulation, in relation to subjects of law, i.e., in a subjective sense, creating of favorable (or unfavorable) conditions to achieve certain interests, systemic and integrated character of a regime and its special structure. As a result, the author's definition of the legal regime is presented as a special procedure for the legal regulation of public relations, based on a certain combination of legal means and methods of legal regulation (permits, prohibitions, and positive obligations) aimed at achieving the relevant legal goals and planned optimal socially significant result.

scholarly journals Legal regulation of investment activity carried out using digital technologies

2020 ◽  
pp. 25-34
Author(s):  
Alina Nurlibaevna Sundetova
Keyword(s):  
Digital Technologies ◽  
Legal Regulation ◽  
Comprehensive Analysis ◽  
Current Level ◽  
Investment Activity ◽  
Scientific Methods ◽  
General Scientific ◽  
The Subject ◽  
Russian Law ◽  
Development Prospects

The subject of this research is the norms of Russian law mediating investment activity that is carried out using digital technologies, development prospects for Russian legislation, as well as theoretical constructs proposed by Russian and foreign experts in development of the category of investing using digital technologies. Special attention in the process of development of legislation is given to the principle of technological neutrality. This author employed general scientific methods of structural-functional analysis and systemic approach, which allowed verifying the acquired results of the scientific research. This work presents a comprehensive analysis of the legal relations emerging as a result of investing using digital technologies. A conclusion is made that digital technologies develop very rapidly, and thus, the legislator must describe the essential features of the mentioned phenomena and legal relations, and prescind from the current level of technology when possible.

YOUTH CRIMINAL SUBCULTURE AS A FACTOR IN THE FORMATION OF THE PERSONALITY OF A MINOR CRIMINAL

2020 ◽  
Vol 10 (3) ◽  
pp. 177-180
Author(s):  
VERA SHUNYAEVA ◽  
Keyword(s):  
Research Method ◽  
Negative Impact ◽  
System Research ◽  
Scientific Methods ◽  
General Scientific ◽  
Definition Of ◽  
A Minor ◽  
Method Analysis

The article is devoted to the research of the youth criminal subculture and its impact on the personality of under-aged. In the course of analysis of this negative impact, a definition of the criminal subculture of under-aged was proposed. The main principles of such a criminal subculture as AUE (the acronym, transcribed from Russian: АУЕ or А.У.Е., comes from «Арестантский уклад един» / “Prisoners Unity (Solidarity)” are defined. The reasons contributing to the development of this negative phenomenon and the typical fea- tures of a minor sharing the ideology of the AUE were identified. The methods for counteracting the AUE were proposed. The method- ological basis of the research is formed by general scientific methods: dialectical, system research method, analysis, synthesis, induction, deduction, analogy, etc., as well as such private scientific methods as comparative legal, formal legal, structural and functional, statistical ones. The authors relied on the results of research by Russian and foreign legal scholars, sociologists, psychologists.

PRINCIPLES OF LAW AS A BASIS FOR INTERSECTORAL COOPERATION

2021 ◽  
Vol 11 (3) ◽  
pp. 50-69
Author(s):  
M.Yu. LEBEDEV
Keyword(s):  
Family Law ◽  
Legal Regulation ◽  
Main Mechanism ◽  
Administrative Process ◽  
Legal Principles ◽  
Intersectoral Cooperation ◽  
Procedural Law ◽  
Free Treatment ◽  
Russian Law ◽  
Almost All

In the presented article the problems of interaction between the various branches of Russian law on the basis of legal principles are considered. The author, examining such concepts as “interaction” and “interrelation” states the fact that the issue of interaction of branches of law is considered by almost all researchers only from the position of listing those branches with which their branch of law interacts. At the same time, the construction of branch norms without taking into account the principles of the branch, where and the branch, from which the legal institute is implemented, leads to conflicts. Separate attention in the work is paid to the views of V.A. Riazanovskii and other scholars on the concept of “unity of process” in the context of interaction between the principles of various branches of law. The author examines the interaction of such branches of law as civil procedural law with civil, family law, arbitration and administrative process. The article draws attention to the cases of free treatment of the legislator with the category of “principles of law”, which, in the author’s opinion, leads to significant distortions of the entire branch of law, where principles not inherent in this branch are wrongly implanted. Studying institutes of law as the main mechanism of inter-branch interaction, the author comes to the conclusion about the need for legal regulation of interaction precisely through the principles of a branch of law.

Comparative analysis of normative legal acts on the execution of criminal penalties in the initial stage of the formation of the Russian state for the implementation of equality principle before the law

2021 ◽  
pp. 752-765
Author(s):  
Nikolai S. Kovalev
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Equal Rights ◽  
Scientific Methods ◽  
Soviet State ◽  
Labor Legislation ◽  
Initial Stage ◽  
Russian State ◽  
General Scientific ◽  
The Law

The object of the study is the implementation of equality principle before the law by fixing equal rights and obligations of prisoners in the normative legal acts of the Soviet state. The subject of research: provisions of normative legal acts of the Provisional Government, departmental normative acts of the People’s Commissariat of Justice of the RSFSR and People’s Commissariat for Internal Affairs of the RSFSR. As a methodological basis for cognition, general scientific methods of analysis, synthesis, induction, de-duction are used, which allow us to investigate aspects of legal reality directly related to the implementation of the principles of penal enforcement (correctional labor) legislation, to formulate reasonable conclusions. Private scientific methods: formal-legal and comparative-legal – allow us to identify differences in the legal regulation of the legal status of prisoners in the pre-war period. As a result of the conducted research, we make a reasonable conclusion that the principle of equality before the law, although it was not enshrined in specific norms regulating the procedure for the execution and serving of imprisonment, however, was manifested in the provisions regulating the legal status of persons deprived of liberty. The notions of equality before the law of both citizens in general and prisoners in particular were not the fundamental basis of the legislation of the Soviet State. Prisoners were differentiated on the basis of social affiliation, due to: 1) the principle of class approach proclaimed by the Constitution of the RSFSR; 2) the functioning of two systems of places of deprivation of liberty for prisoners with different social status; 3) regulating the execution (serving) of sentences in the form of deprivation of liberty by various regulatory legal acts.

scholarly journals Regulation of advocacy profession: global trends

2021 ◽  
Vol 39 (69) ◽  
pp. 689-706
Author(s):  
Tetiana Vilchyk ◽  
Alla Sokolova ◽  
Tetiana Demchyna
Keyword(s):  
Self Regulation ◽  
Legal Profession ◽  
The United States ◽  
Legal Regulation ◽  
International Standards ◽  
Global Trends ◽  
Scientific Methods ◽  
General Scientific ◽  
Different Sources ◽  
Regulatory Models

The objective of the article is to analyze the regulation of the legal profession and its global trends. There are many different types of regulators globally, and many different sources and methods of regulation. There is no simple approach to setting goals for regulating the legal profession in different legal systems. Although self-regulation of the legal profession is considered the basis for adhering to the standard of its independence, at the same time, academics recognize the existence of the theory of the management of the legal profession. To study these problems, the authors conducted a comparative study of the regulatory models of the legal profession in the world in terms of compliance with international standards of legal independence in different legal jurisdictions and made some suggestions to improve the legal regulation of the legal profession in Ukraine. Empirical sources for scientific research were international documents, court decisions, national legislation of Great Britain, Canada, the United States, Ireland, Scotland, Australia and others, and the work of scientists. The article uses general scientific methods - dialectic, analysis, synthesis, analogy, etc., and special methods, particularly legal, historical, and formal comparative law.

scholarly journals JURISDICTION OF APPLICATIONS FOR THE REVISION OF JUDICIAL ACTS ON NEWLY DISCOVERED OR NEW CIRCUMSTANCES AND THE PROCEDURAL AND LEGAL CONSEQUENCES OF ITS VIOLATION

2020 ◽  
Vol 24 (4) ◽  
pp. 1141-1168
Author(s):  
Safura T. Bagylly ◽  
Larisa N. Pavlova
Keyword(s):  
Legal Regulation ◽  
Court Decisions ◽  
Unified Approach ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Scientific Analysis ◽  
Domestic Legislation ◽  
General Scientific ◽  
Administrative Proceedings ◽  
Legal Consequences

The article deals with the problematic items of choosing a court competent to review court decisions that have entered into legal force on newly discovered or new circumstances in civil and administrative proceedings. The aim of the authors is to conduct a study of the legal regulation of the jurisdiction of applications for review. The methodological basis of the article was formed by general scientific (analysis, analogy, description, synthesis, and systemic approach) and particular scientific methods (historical-legal, comparative-legal, and formal-legal). A retrospective analysis of legal acts of domestic legislation has been carried out. According to the results of the study, difficulties relate to interpreting and applying the existing rules on determining the appropriate instance for revision. Based on the analysis of the judicial practice of courts of general jurisdiction and arbitral courts, the authors come to the conclusion that there is no unified approach of the courts in determining the procedural and legal consequences of violations of the rules of jurisdiction. The conclusion summarizes proposals for improving the current legislation to eliminate ambiguities and achieve uniformity in judicial practice.

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