scholarly journals Forensic Medical Expertise in Traditional China: Legal Regulation and Practice

2021 ◽  
Vol 2021 (4) ◽  
pp. 348-357
Author(s):  
Aleksandr Dan'shin
Keyword(s):  
Causes Of Death ◽  
Medical Training ◽  
World History ◽  
Legal Regulation ◽  
Medical Examination ◽  
Legal Responsibility ◽  
Medical Expertise ◽  
External Examination ◽  
Legal Norms ◽  
Judicial Practice

The article deals with the problems of forensic medical expertise in traditional China in the investigation of crimes related to murder and death of people under unknown circumstances. The research featured legal acts and related comments that regulated the procedure. The author focused on the treatise of the XIII century Sung Tzu's "Washing Away of Wrongs" (Hsi yüan lu), which became the first essay on forensic medicine in world history. This document was far ahead of European works on this topic and was still in use in the early XX century. Constant conflicts between non-official comments and legal norms were one of the most serious problems that judicial practice had to face. For instance, according to the century-long shiht’u practice, specially authorized employees (wutso) with no medical training were responsible for describing internal and external injuries on the human body. Medical education was not mandatory for those performing forensic medical examination because autopsy was prohibited under the threat of punishment in the form of hard labor, and all conclusions about the causes of death were made on the basis of external examination. However, the main problem was the legal responsibility for the falsification of forensic medical examination. It often affected innocent people while real criminals managed to escape punishment, which violated the yin-yang harmony.

scholarly journals Prohibitions in the Social and Legal Regulation: an International Aspect

2019 ◽  
pp. 2230-2240
Author(s):  
Aleksandr V. Mal’ko ◽  
Veronika S. Khizhniak
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Effective Mechanism ◽  
Basic Principles ◽  
Legal Norms ◽  
Effective Implementation ◽  
The Social ◽  
Legal Mechanism

This work is focused on the problems arising in imposing prohibitions in international relations; the authors identify the main legal and social aspects hindering creation of effective mechanism for implementing prohibitions in international relations and enlist possible ways of eliminating the possible problems. The analysis of the international legal norms of institutionalizing prohibitions and practices of their implementation revealed that an effective implementation of prohibitions is often associated with the need to amend national legislation, as well as with the presence of Russia’s own legal norms that make it possible to apply the norms of international law in the state directly, or to apply them jointly with the norms of the national law. The absence of a universal international instrument governing the responsibility of states for breaching legal prohibitions makes it difficult to implement these prohibitions and comply with them, although states may follow the rules of the “Draft Articles on Responsibility of States for Internationally Wrongful Acts” as a document stating moral (political) prescriptions. The main problems cumbering the development of an effective mechanism for implementation of prohibitions are the following: the absence of agreed international and domestic legal mechanisms for implementation of prohibitions; the reluctance of states to bear responsibilities; the attempts to mitigate the prosecution of citizens, especially officials; and failures to take adequate legal measures for resolving the problem. The authors necessitate adoption of documents that could regulate the issues of international legal responsibility, though in a unipolar world it is very problematic and can even aggravate the situation. The mechanism developed under such conditions can reflect the position of only one state and therefore can result in consolidating an undesirable hierarchy of states in international relations. An effective legal mechanism of responsibility for the violation of prohibitions in international relations can arise only in a multipolar world. It is also necessary to abide the basic principles of international law, to strengthen international cooperation and improve the mechanisms of international legal regulation. These efforts also call forth the establishment of a multipolar world

scholarly journals Legal Regulation of the Preservation of the Culture of Ukrainian Peasantry: Current Situation and Prospects for Improvement

2020 ◽  
pp. 253-259
Author(s):  
Tetiana Kovalenko ◽  
Elina Pozniak
Keyword(s):  
National Culture ◽  
Environmental Law ◽  
Leisure Activities ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Legal Norms ◽  
Legal Provisions ◽  
The Social ◽  
State And Local ◽  
The Village

This article investigates the current state of legal regulation of preserving the culture of Ukrainian peasantry as a carrier of Ukrainian identity, culture and spirituality of the nation. The necessity to revive and preserve the peasant as a landlord, bearer of morality and national culture is reflected in the scientific approaches of legal scholars in the field of agrarian, land and environmental law of Ukraine. In the process of analysis of a number of sources of agrarian, land, environmental law, normative legal acts of a programmatic nature, the existence of significant legal defects in the specified field was revealed (declarative nature of legal provisions, legal gaps, lack of complexity of legal regulation, inefficiency of legal norms). As a result, degradation of the spiritual, environmental, legal culture of the peasants occurs. The authors found that the effectiveness of a number of legal acts, aimed at the legal regulation of the culture of Ukrainian peasantry, the social development of the village and the revival of social cultural and material infrastructure, is low. The measures identified in them to overcome the crisis in the social sphere of the village have practically no proper mechanisms of implementation. In view of this, the authors substantiate ways to improve the legal regulation for the preservation of the culture of Ukrainian peasantry. The key to preserving the peasantry as a carrier of the national culture of Ukrainian people, according to the authors, is a integrated solution to the peasant's social problems. This direction of state policy should be implemented through organizational, legal and socio-economic measures aimed at ensuring employment and reducing unemployment, expanding the network of cultural institutions in the countryside, improving the level of education of rural youth, the development of environmental awareness, education, legal and advisory activities. Increasing the standard of living and life of Ukrainian peasantry, the authors associate with the need for its financial and economic support with the use of funds from the State and local budgets for the implementation of cultural and educational activities in the countryside, leisure activities with the promotion of agricultural producers. An important guarantee of preserving the culture of Ukrainian peasantry is to increase the legal responsibility of officials of state authorities and local self-government for making decisions that limit or violate peasants' rights.

scholarly journals The Relations Between the Institution of Procedural Responsibility, Legal Relationships and Legal Practice

2019 ◽  
pp. 73-85
Author(s):  
Elena Valerievna Chuklova
Keyword(s):  
Legal System ◽  
Basic Research ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Legal Practice ◽  
Judicial Practice ◽  
Functional Relations ◽  
Genetic Level ◽  
Definition Of ◽  
Basic Research Project

The subject of this research is the institution of procedural responsibility and its relations with legal relationships and legal practice. In her research Chuklova defines genetic, coordination, subordination and functional relations. According to the author, implementation of procedural responsibility provisions creates both material and procedural legal relations. The author demonstrates that the institution of procedural responsibility either relates to legal relationships at the functional genetic level disregarding the definition of a particular legal relationship or acts as a result of legal regulation or means of regulation. There should be legal grounds for creating such an institution, too. The institution of procedural responsibility creates conditions for discovering the truth in criminal, civil or administrative cases, thus demonstrating subordination relations. The research is based on general and special research methods such as comparative law, formal law analysis, functional and systems approaches, etc. As a result of the research, the author concludes that judicial practice is a coordination link between procedural form and material law, however, many court decisions demonstrate a negative tendency in implementation of the procedural responsibility provisions when there is a total substitution of one term with the other. For example, contempt of court includes such actions as numerous continuous disqualifications, non-submission of documents, failure to appear in court, non-compliance with court orders, negative remarks about a judge's professional or personal qualities. The article is funded by The Russian Foundation for Basic Research, project No. 19-011-00103 А 'Legal Responsibility in Russia's Legal System: the Concept of Interaction, Interconnection and Elimination of Contradictions with Other Elements of Legal System'. 

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 REGULATION OF THE PROCEDURE FOR HANDLING CROSS-BORDER DISPUTES IN CIVIL MATTERS WITHIN THE EU

2019 ◽  
pp. 183-192
Author(s):  
V. V. VOYNIKOV
Keyword(s):  
Economic Integration ◽  
Legal Regulation ◽  
Access To Justice ◽  
Court Decisions ◽  
Legal Norms ◽  
Cross Border ◽  
Judicial Practice ◽  
Definition Of ◽  
The Eu

This paper is devoted to the consideration of certain aspects of legal cooperation in civil matters related to the determination of jurisdiction, recognition and execution of court decisions, as well as the definition of law to be applied when considering cross-border cases within the EU. At the EU level, an entire system of unified legal norms has been created governing the procedure for handling cross-border disputes in civil matters within the Union. At the same time, the EU’s goal is not to replace national procedural legislation with Allied acts, but to facilitate access to justice in civil cases of a cross-border nature in the context of close economic integration. The author analyzes the concept of «legal cooperation in civil matters», and also reveals its key elements. The paper highlights and examines in detail the four modes of consideration of cross-border cases within the EU, notes their features, as well as analyzes judicial practice.

Analysis of legal regulation and judicial practice of resolving disputes between parents about children

2021 ◽  
Author(s):  
Viktoriya Dergunova ◽  
Anastasiya Prokopova
Keyword(s):  
Central Place ◽  
Legal Regulation ◽  
Best Interests ◽  
Legal Responsibility ◽  
Parental Rights ◽  
Place Of Residence ◽  
Child Abduction ◽  
Judicial Practice ◽  
Rights Of The Child ◽  
Wide Range

The monograph is a comprehensive study of the current practice of resolving cases on determining the place of residence of children, the procedure for communicating with them separately living parents and other relatives; restriction and deprivation of parental rights; on the departure of children outside the Russian Federation and return within the framework of the Convention on Civil Aspects of International Child Abduction of 1980, the Convention on Jurisdiction, Applicable Law, Recognition and Enforcement and Cooperation in relation to Parental Responsibility and Measures for the Protection of children of 1996.The relations that develop between the child and parents, the child and the court, parents and the court, as well as parents as parties to the process are analyzed. The central place is occupied by the study of the content of the concept of the best interests of the child as a guarantee of the protection of his rights and the vector of development of the current legislation. The cases of abuse of parental rights and improper performance (or non-performance) of parental duties, illustrated by current judicial practice, are considered. The analysis is presented: measures of family legal responsibility, including restriction and deprivation of parental rights in connection with non-execution of a court decision on the upbringing of a child; features of the application of principle 6 of the Declaration of the Rights of the Child in resolving disputes about the place of residence of children; the possibility of taking interim measures in disputes between parents about upbringing; the ratio of legal and psychological categories in child-parent relations in order to apply special knowledge; the procedure for conducting forensic examinations in these categories of cases. Finally, the possibilities of out-of-court settlement of some family disputes, including through mediation, are investigated. For a wide range of readers interested in the rights of the child. It will be useful for students, postgraduates and teachers of law schools.

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.

An Application of the Principles of Environmental Law in Resolution of Environmental Disputes

2021 ◽  
pp. 103-109
Author(s):  
Alekseeva N. A. ◽  
Keyword(s):  
Environmental Law ◽  
Legal Regulation ◽  
Legal Norms ◽  
Environmental Disputes ◽  
Judicial Practice ◽  
Analysis And Synthesis ◽  
Judicial Lawmaking ◽  
Environmental Requirements ◽  
Legislative Support

This article examines principles of environmental law been applied by courts in their dispute resolution activities. The aim of the study is to systematize the applied in certain categories of cases principles. The tasks set by the author are to identify the correctness of the application, the correspondence of the meaning of the principle to which the court refers and the need set before the court – the dispute under consideration. Methods used in the article are method of analysis and synthesis that suits the goal. Environmental requirements and their corresponding principles are universal. The considered principles of environmental and land law are important in resolving legal disputes, playing the role of pillars of law, they are referenced in almost every court decision. Whether their indication in decisions is limited judicial lawmaking or elimination of a conflict, as well as the use of an analogy of law or law in the absence of an appropriate rule of law, is to be clarified in this study based on the analysis of judicial practice. Currently, there are a number of problems related to the application of the principles of environmental law, for example, the need to expand the list of principles of environmental law enshrined in legal norms with insufficient legislative support for the implementation. The environmental doctrine is developing actively nowadays; it provides a high probability of improving legal regulation in the field of environmental legal relations and the principles of environmental law in the future. Keywords: principles of environmental law, judicial practice in environmental disputes, application of the principles of environmental law by the courts, inconsistency of judicial practice with the essence of the principle

scholarly journals REMOTE INTERACTION WITH THE JUDICIARY IN A PANDEMIC: OPPORTUNITIES AND PERSPECTIVES

2020 ◽  
Vol 6 (3) ◽  
pp. 154-160
Author(s):  
Z. S. Lebedev
Keyword(s):  
Legal Regulation ◽  
Judicial System ◽  
Legal Norms ◽  
Judicial Practice ◽  
Arbitration Process ◽  
Remote Interaction ◽  
The Russian Federation ◽  
The Moment ◽  
Remote Participation ◽  
Epidemiological Situation

The article is devoted to the problem of implementing forms of remote interaction with the judicial system. The article also considers the possibility of functioning of the judicial system in the current unfavourable epidemiological situation and quarantine measures being carried out in the country. The author analyzes the problems and prospects of remote interaction of the court with the participants in the process, as well as the problems of their application in conditions of insufficient legal regulation. There are 3 main forms of remote interaction with courts: submission of documents, which is more focused on professional participants in the process; familiarization with the materials of the case, which is implemented electronically only in the arbitration process and only in cases considered in summary proceedings; remote participation in the consideration of a case, which at the moment is practically not implemented due to the lack of proper legal regulation. A comparative analysis of foreign judicial practice and legal norms governing remote interaction with judicial authorities with the established practice of the judicial system of the Russian Federation was carried out. In conclusion, the author concluded the study.

scholarly journals Legal phenomena of «abuse» and «discrimination» in the context of the presence of legal advantages

2019 ◽  
Vol 2019 (2) ◽  
pp. 86-95
Author(s):  
Артем Репьев ◽  
Artem Repyev
Keyword(s):  
Social Stratification ◽  
Legal Regulation ◽  
Learning Tools ◽  
Legal Norms ◽  
The Public ◽  
Social Trends ◽  
Judicial Practice ◽  
General Scientific ◽  
Points Of View ◽  
Law And Legislation

Taking into consideration the present social trends of the public ideal search based among other, on general equality, the author studies deviations fairly established in the law and legislation from a position of legal approach and also studies possible defects of legal regulation caused by it. On the basis of the analysis of doctrinal sources, rules of law and judicial practice the proportion of such negative phenomena of legal life as «abuse» and «discrimination» through the prism of legal immunities, privileges, are revealed in the article. The purpose of the research – is to subject to judgment the present in science and practice points of view about the nature and the content of the advantages abuse and discrimination then on this basis to develop the definite steps of optimization in the sphere of legal norms application. Using general scientific and particular scientific learning tools among which are executive, comparative legal methods, methods of interpretation, the author distinguishing in the society the parties that have immunities, privileges and use special law procedures for the realization of their rights defines the elements of similarity and distinction of the considered phenomena and also their interaction and the contradictions. The received results allow us to make the proposals directed to increase in efficiency of the mechanism of realization of the deviations from equality, risk reduction caused by social stratification of society.

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