Legal responsibility of a private notary

2021 ◽  
pp. 145-150
Author(s):  
L. Ladina ◽  
M. Veselov
Keyword(s):  
Public Relations ◽  
Legal Status ◽  
Legal Liability ◽  
Legal Regulation ◽  
The State ◽  
Legal Responsibility ◽  
Structural Element ◽  
Coercive Measures ◽  
State And Society ◽  
Legitimate Interests

The legal responsibility of a notary is in its essence an important element of the legal regulation of public relations in the field of notarial activities, which is manifested in the purposeful influence of the state on the behavior of notaries through legal means. The purpose of this article is to formulate the concept and outline the characteristics of the main types of legal liability of a private notary. The legal liability of private notaries is proposed to be understood as a set of legal coercive restrictions provided by law and the suffering of subjects of private notarial activity of personal, organizational and property nature for the committed offense. At the same time, it is emphasized that the legal responsibility of a notary as a structural element of his legal status consists not only in the application of appropriate coercive measures against him for an offense (retrospective aspect), but also in his awareness of his responsibility for proper performance (prospective aspect). It is noted that the components of the system of legal liability of a private notary are its types, namely: civil (professional), criminal, administrative and disciplinary. It is emphasized that the institution of legal liability of private notaries should be considered not only as a guarantee of lawful and conscientious performance of their duties, a means of protecting the legitimate interests of the state and citizens related to the provision of notarial services, but also as a regime of private notaries. procedural relations arising from the application of coercive measures by the state to them. It is established that the legal responsibility of a private notary is complex, and provides for the imposition on him not only the actual legal responsibility, but also moral responsibility for actions before the state and society. The limits of legal liability of private notaries depend on the type of such liability. The administrative nature of the notary’s activity and his performance of actions on behalf of the state allows to draw a conclusion about the tortious nature of the notary’s liability for violation of the established procedure for performing notarial acts.

scholarly journals Positive legal responsibility: general theoretical characteristics

2021 ◽  
pp. 21-25
Author(s):  
O.R. Dashkovskaya ◽  
V.O. Yavorsky ◽  
K.D. Bezsonova
Keyword(s):  
Public Relations ◽  
Legal Liability ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Legal Norms ◽  
Illegal Behavior ◽  
State And Society ◽  
The Subject ◽  
Basic Approaches ◽  
The Relationship

The article analyzes the concept of "positive legal responsibility". Its relationship with the term "responsibility" is established, the ratio of social and legal responsibility is considered. The relationship between the philosophical and moral meaning of the concept of "responsibility" is defined. Emphasis is placed on the need to define legal liability through the main objectives and principles of law, the practice of application and interpretation of the legal content of liability. The existence of positive and negative aspects of legal responsibility in modern legal science is outlined. The positive aspect of legal responsibility as a type of legal responsibility, which is a reaction of the state and society to socially useful action, is considered. The main types of legal incentives are identified. The most common signs of positive legal responsibility are outlined.  The negative aspect of legal liability is considered. The basic approaches to its understanding are defined, the basic signs are outlined. It is noted that negative legal liability is considered a means of guaranteeing the rights and freedoms of citizens. It is determined that in the mechanism of legal regulation measures of positive legal responsibility act as means of social control over the behavior of participants in public relations, ensuring mutual coherence of their actions.  Positive legal liability is aimed at reducing the manifestations of illegal behavior by stimulating the subjects of legal relations to implement socially useful behavior through various incentives and is characterized by the following features: associated with the provision of additional rights to the person; occurs for the implementation of certain desired behavior; established in incentive legal norms; is a means of stimulating subjects to commit lawful acts; sold voluntarily.  It is established that positive legal responsibility is a voluntary form of realization of legal responsibility, it is a legal obligation of the subject of responsibility to act according to requirements of legal norms which is realized in its lawful behavior.

LEGAL OBLIGATION IN THE LEGAL STATUS STRUCTURE OF A PERSON SENTENCED TO IMPRISONMENT AND ITS STRUCTURE

2021 ◽  
pp. 29-33
Author(s):  
Андрей Владимирович Кулаков ◽  
Ольга Рениславовна Родионова
Keyword(s):  
Public Relations ◽  
Legal Status ◽  
Legal Responsibility ◽  
Legal Obligation ◽  
Russian Science ◽  
Legal Obligations ◽  
Long Time ◽  
Legitimate Interests ◽  
Points Of View ◽  
Theory Of Law

Общей теорией права и отраслевыми науками достаточно давно исследуется структура правового статуса личности и место в данной структуре юридической обязанности. Доктринально обоснованной является позиция ученых, согласно которой структуру правового статуса личности, в том числе и осужденного к лишению свободы, составляют права, свободы и обязанности лица, закрепленные в нормативно-правовых актах. Несмотря на это, в отечественной науке время от времени появляются мнения ученых-правоведов, которые наряду с системой прав и обязанностей включают в состав правового статуса такие правовые явления, как «законные интересы», «гарантии прав», «юридическая ответственность» и т. д. Кроме того, подвергается сомнению и устоявшееся положение о структуре юридической обязанности как элементе правового статуса. Проведенный авторами анализ уголовно-исполнительных отношений дает основание утверждать, что, несмотря на особое правовое положение осужденных к лишению свободы, структура их правового статуса не изменяется, а юридические обязанности являются неотъемлемым ее элементом. При этом юридическая обязанность осужденного к лишению свободы, как и любого другого участника правовых отношений, всегда корреспондирует субъективному праву и состоит из четырех элементов: - необходимость совершения осужденным определенных (требуемых, должных) действий, предписанных нормативно-правовыми актами; - необходимость отреагировать на законные требования управомоченного лица; - необходимость (обязанность) претерпеть меры государственного принуждения в случае нарушения нормативно-правовых предписаний; - необходимость (обязанность) не мешать контрагенту пользоваться и/или реализовывать законное право. Только при таком подходе к юридической обязанности как элементу правового статуса осужденного ее можно считать не только средством установление границ дозволенного поведения, но и действенным регулятором общественных отношений. The legal status structure of an individual and the place of the legal obligation in it have been studied for a long time by the general theory of law and branch sciences. Doctrinally justified is the opinion of scientists, according to which the structure of the legal status of an individual including a person sentenced to imprisonment, consists of the rights, freedoms and duties of a person enshrined in normative legal acts. Despite this in Russian science from time to time there are points of view of legal scientists which along with the system of rights and obligations, include the legal status of such legal phenomena as «legitimate interests», «guarantees of rights», «legal responsibility», etc. In addition the well-established position on the legal obligation structure as an element of the legal status is also questioned. The author's analysis of penal relations gives grounds to assert that despite the special legal status of those sentenced to imprisonment the structure of their legal status does not change and legal obligations are an integral part of it. At the same time the legal obligation of a convicted person as well as any other participant in legal relations always corresponds to subjective law and consists of four elements: - the need for the convicted person to perform certain (required, due) actions prescribed by regulatory legal acts; - the need to respond to the legal requirements of the authorized person; - the need (obligation) to undergo measures of state coercion in case of violation of legal regulations; - the need (obligation) not to prevent the counterparty from using and / or exercising the legal right. Only with this approach to the legal obligation as an element of the legal status of the convicted person, it can be considered not only a means of establishing the boundaries of permissible behavior, but also an effective regulator of public relations.

On the issue of legal status of spiritual Christians Molokans in the Russian Empire

2020 ◽  
pp. 129-135
Author(s):  
Dmitriy I. Frolov
Keyword(s):  
Public Relations ◽  
Research Methods ◽  
Religious Education ◽  
Criminal Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Russian Empire ◽  
The State ◽  
The Russian Empire ◽  
The Individual

The purpose of this work is to give a brief analysis of the legal status of spiritual Christians Molokans in the Russian Empire, following the dynamics of state legal regulation. The problem of the individual sectarian groups status remains little studied in both domestic and foreign literature, which determines its relevance. We use the following research methods: chronological, problem and analytical. We analyze the norms of administrative and criminal law in force in the 19th - early 20th centuries in the Russian Empire, which regulate the rights and obligations of subjects assigned to the Molokan sect. The analysis showed that the legal impact of the state on the Molokans was repressive and causal throughout most of the studied period. Only the reign of Alexander I was marked by a loyal attitude towards sectarians. After the revolutionary events of 1905, a number of civil and religious freedoms were granted to the Molokans, however, one cannot speak of the religious equality of all subjects during this period. After 1905, specialized acts were passed regulating the procedure for registering communities, holding conventions, organizing religious education, and other areas of public relations.

scholarly journals The concept and structure of administrative-legal support of the state defense

2018 ◽  
pp. 20-29
Author(s):  
Volodymyr Pashynskyi
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Social Relations ◽  
Necessary Conditions ◽  
Legal Regulation ◽  
Administrative Law ◽  
The State ◽  
Legal Norms ◽  
Legitimate Interests ◽  
State Defense

The article deals with modern scientific approaches to the definition and understanding of the structure of administrative-legal support for state defense. The elements of the structure of the administrative-legal support of the state defense are explored. Under the administrative-legal support of the state should be understood as regulated by administrative-legal norms, the systemic activity of the subjects of defense, in the first place, the activities of the subjects of public administration, with regard to the administrative- legal regulation, implementation, protection of social relations in the sphere of defense, guaranteeing the rights and legitimate interests of all subjects of legal relations, aimed at creating the necessary conditions for the defense of the state in the event of armed aggression. At the same time, the structure of the administrative-legal support for the defense of the state will consist of the following elements: 1) the object of administrative-legal support of the state defense – social relations in the field of defense that penetrate practically all spheres of public life; 2) subjects of administrative-legal support for state defense – subjects of administrative legal relations are endowed with rights and duties in the field of defense; 3) norms of law (norms of administrative law) – administrative-legal norms which regulate public relations in the field of state defense; 4) administrative-legal relations in the field of state defense – legal relationships settled by administrative and legal regulations that arise, develop, and cease between the subjects of defense in the process of exercising powers in the field of state defense; 5) guarantees of administrative-legal support of state defense – conditions, means, methods, forms and methods by which the implementation of public relations in the field of state defense is provided. The administrative-legal support of the state defense will be carried out by authorized security entity within the limits of authority and administrative and legal means determined by the norms of administrative law.

scholarly journals LEGAL RESPONSIBILITY IN THE SYSTEM OF THE MECHANISM OF INFLUENCE ON MIGRATION RELATIONS

2021 ◽  
Vol 6(72) (3) ◽  
pp. 357-365
Author(s):  
K. V. Trifonova
Keyword(s):  
Law Enforcement ◽  
Legal Liability ◽  
Legal Regulation ◽  
Legal Aspects ◽  
State Regulation ◽  
The State ◽  
Legal Responsibility ◽  
Regulation Mechanism ◽  
Legal Analysis ◽  
Definition Of

In the article, from the standpoint of legal science and practice of state regulation of migration relations, the author examines the application of legal liability to violators of the norms of migration legislation. The author conducts a theoretical and legal analysis of the institution of legal responsibility. The definition of legal responsibility as a legal reaction of society and the state to the unlawfulness of actions (inaction) allows us to conclude that the introduction by the state of special legal regulation is a form of disposition of state power. The implementation of legal responsibility in the dynamics of legal regulation is characterized by the intertwining of regulatory, substantive and procedural and legal aspects, which allow ensuring the passage of responsibility through all stages and procedures of legal regulation, which creates an ordering effect. In conclusion, the author points out that legal responsibility, being an element of the legal regulation mechanism, clearly demonstrates its specificity and features, as well as general efficiency in the law enforcement process of imposing punishment.

scholarly journals Regulation of the Administrative and Legal Liability of the Members of Parliament

2021 ◽  
Vol 4 ◽  
pp. 31-32
Author(s):  
Aleksandr A. Kitayev ◽  
Keyword(s):  
Russian Federation ◽  
Legal Liability ◽  
Legal Regulation ◽  
The State ◽  
Legal Responsibility ◽  
Members Of Parliament ◽  
The Status ◽  
The Russian Federation

The work examines parliamentary immunity in the context of administrative and legal responsibility. The current legislation is analyzed for problems in the legal regulation of the status of deputies of the State Duma, members of the Federation Council, deputies of legislative bodies of constituent entities of the Russian Federation, as well as the status of deputies in representative bodies of local self-government. Possible options for solving problematic issues on the topic of work are described.

scholarly journals INSURANCE FUNCTIONS AS AN OBJECT OF FINANCIAL AND LEGAL REGULATION

2021 ◽  
Vol 13 (3) ◽  
pp. 163-168
Author(s):  
Viktoriia Bondarenko ◽  
◽  
Nataliia Pustova
Keyword(s):  
Public Relations ◽  
System Analysis ◽  
Financial System ◽  
Legal Regulation ◽  
The State ◽  
Legal Responsibility ◽  
Necessary Condition ◽  
Legal Norms ◽  
Insurance Business ◽  
Business Entities

The functions of insurance as an object of financial and legal regulation are considered. Based on the methodology of the system analysis, an analysis of the current legislation in the field of insurance concerning definition of the insurance concept is carried out. It is noted that today a new sub-branch such as financial and legal regulation of insurance business has appeared in the system of financial law as a branch of law. It combines legal norms that regulate (mainly by the method of authoritative provisions) public relations on the formation, distribution and use of insurance funds, exercise of control and supervisory measures. It also includes legal norms regulating involvement of insurance business entities and other participants in public relations in the field of insurance to financial and legal responsibility in order to protect the rights and legitimate interests of insured persons in insured accidents. Insurance functions occupy a special place in the financial legislation. The distributive, preventive, restorative, saving, risk, control, investment functions of insurance are examined. The factors influencing the investment function of insurance are determined; the role of the National Bank of Ukraine in the implementation of this function is demonstrated. It is stated that the function of forming a specialized insurance money fund to maintain the security and stability of the state financial system is one of the specific functions of insurance. Insurance is an integral part of the financial system of the state, which provides the regular functioning of social development; it is an integral function of the state, a necessary condition for the development and stability. Ukraine’s course towards European integration determines the factors of economic and legal transformations in the country, including the further development of insurance activities.

scholarly journals LEGAL LIABILITY AS AN ELEMENT OF THE LEGAL STATUS OF CIVIL SERVANTS

Social Law ◽  
2019 ◽  
pp. 20-26
Author(s):  
К. Lyubimov
Keyword(s):  
Public Relations ◽  
Legal Status ◽  
Civil Servant ◽  
Legal Liability ◽  
Civil Servants ◽  
Legal Responsibility ◽  
Applicable Law ◽  
The Public ◽  
Definition Of ◽  
The Individual

The article reviews the scientific positions on understanding the concept of "legal responsibility", considers it as a positive and retrospective liability, and also proposes its own definition of legal liability of a civil servant. Emphasis is placed on distinguishing the civil servant's legal liability from the ordinary employee's legal liability, since the civil servant's legal responsibility is at the heart of each official's official activity, follows from the powers conferred, is a guarantee of the civil servants' observance of the law, civil service principles and their proper performance ulcers, etc. The legal responsibility of a civil servant is considered, which is quite complex and multifaceted in contrast to the legal liability of ordinary citizens, since it is connected with the powers of the individual, the performance of their individual actions and functions, the exercise of administrative and administrative-legal influence on public relations in the state. Accountability of civil servants has both general and specific features of legal liability. The scientist has identified a number of features that distinguish the legal liability of civil servants from the legal liability of ordinary workers. Such features include: 1) the legal liability of a civil servant is characterized by an increased level of liability of such persons for similar crimes, offenses or disciplinary offenses as provided by the current legislation; 2) increased possibilities for applying the head of the department, directly subordinate to a civil servant, to have powers to identify disciplinary actions and to bring a civil servant to disciplinary responsibility; 3) the broad effect of the legal liability of a civil servant for the offenses committed; 4) the purpose of legal responsibility consists not only in punishment of the guilty person, restoration of the violated rights and interests of the person, carrying out preventive activity, but also in ensuring in the further proper fulfillment by the civil servant of his official duties, prevention of behavior which could discredit the public service and the public employee as a whole; 5) features of its classification. The author of the article emphasizes that applying to a civil servant a certain type of legal responsibility not only condemns a civil servant by applying to him a state coercion, but also encourages other persons to behave properly and properly perform their official duties, to prevent committing actions that directly prohibited by applicable law.

scholarly journals State responsibility to civil society: some questions of theory.

2021 ◽  
pp. 73-81
Author(s):  
Oleh Boginich
Keyword(s):  
Civil Society ◽  
Internal Control ◽  
Legal Liability ◽  
The State ◽  
Point Of View ◽  
Legal Responsibility ◽  
State Responsibility ◽  
Constitutional Court ◽  
Political Responsibility ◽  
State And Society

Introduction. State responsibility to civil society is a topic that has already been the subject of research by some scientists. It was studied by political scientists, representatives of constitutional law, administrative law, theory of state and law. At the same time, there are still issues that require additional analysis, since, from the author's point of view, the conclusions drawn in previous studies did not contribute to increasing the state's responsibility to civil society. The aim of the article. To investigate the nature of relations between the state and civil society, to establish the grounds for the emergence of its responsibility to civil society, the forms and methods of its control over the activities of individual state bodies and officials. Results. Control functions are immanent to the vital activity of any system. The specifics of a state-organized society necessitate two functions of control – control by society over the state as a special authorized body for solving general cases of the first, and internal control of the state over compliance with the parameters of the system defined by society. From the content of Article 1 of the Constitution of Ukraine, it follows that Ukraine is a sovereign and independent, democratic, social and legal state. These principles constitute the characteristics of the state, which the society, through its representatives in Parliament, when adopting the basic law, authorized to observe in its activities. However, the practice of the activities of state bodies of Ukraine at the present stage indicates total violations of these principles. One of the reasons for this situation is incorrectly established ties between the state and society. Most authors refer to these relations as parity, where the state and society are equal subjects . From our point of view, they are not and cannot be parity, since the state is a function of society, and there is a functional connection between them. Contrary to these conclusions, the activities of the president of Ukraine and the Verkhovna Rada of Ukraine for violating their duties are not accompanied by the onset of legal liability for them. This, in particular, applies to such cases as the confrontation between the president of Ukraine and the Constitutional Court of Ukraine, where the former unconstitutionally attempted to resolve this confrontation in his favor, suggesting that the parliament dissolve the Constitutional Court of Ukraine. This, in addition to violating their obligations to comply with the Constitution of Ukraine, should also be interpreted as a violation of their oath, which contains similar requirements for their activities. In this regard, measures are considered necessary to apply measures of legal liability to the president for violating his duties and Oath. Similar conclusions should be drawn regarding the failure to fulfill election promises on the part of people's Deputies of Ukraine, as well as their violation of the oath they take in accordance with Article 79 of the Constitution of Ukraine. Conclusions. Summing up, we can conclude that without strengthening the legal responsibility of the state to civil society for non-fulfillment of its duties, the rights of citizens will be subject to systemic violations. Political responsibility is regulated by the norms of law, and therefore it is also a legal liability, it also contains the composition of an offense, in particular a constitutional tort as the basis for its occurrence, and therefore it should necessarily provide for the existence of sanctions for violating the obligations of the relevant authorized entities. Legal liability of officials who head or are members of state bodies should always be accompanied by bringing the perpetrators to justice (constitutional, criminal, administrative, civil, disciplinary).

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

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