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.

DISCUSSION QUESTIONS ON THE DEFINITION OF THE SUBJECT OF CIVIL PROCEDURAL LAW

2017 ◽  
Author(s):  
Оlena Shtefan ◽  
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
Judicial Reform ◽  
Procedural Law ◽  
History Of ◽  
The Subject ◽  
Definition Of ◽  
The Relationship

The subject of this article was one of the fundamental and debatable provisions of the doctrine of civil procedural law - its subject. The author on the basis of the analysis of scientific sources, the legislation carried out the retrospective analysis of formation and development of scientific thought concerning definition of a subject of civil procedural law. The paper identifies two main approaches to understanding the subject of the industry and elements of its structure. Analyzing the "narrow" approach to defining the subject of civil procedural law and certain areas of its coverage in the works of scholars, the author substantiates the position on the relationship between procedural activities and social relations that arise between the court and the parties. Particular attention is paid to the history of inclusion in the subject of civil procedural law enforcement proceedings. The author's position on the subject and system of civil procedural law is substantiated. The essence of the "broad" approach to the definition of the subject of the industry by including in its structure of non-jurisdictional forms of legal protection is revealed. The essence of two opposite tendencies in scientific researches concerning structure of a subject of civil procedural law is revealed: the first tendency is reduced to expansion of a subject at the expense of inclusion in it of economic procedural law, at ignoring independent character of this branch of law; the second - the narrowing of the subject of civil procedural law by removing from its structure of enforcement proceedings, the relations arising in the consideration of labor cases. The connection between the definition of the subject of civil procedural law and the jurisdiction of the court defined in the legislation is substantiated. It is proved that the tendency to narrow the subject of civil procedural law was embodied in the legislation of the country as a result of judicial reform in 2016, which led to conflicts in legislation and problems in law enforcement. Based on the theoretical model of determining the subject of legal regulation and using the analogy of determining its structure, the elements of the structure of the subject of civil procedural law are distinguished and its definition is formulated.

scholarly journals Sanctions in Sport: The Relationship Between Legal and Local Regulation (Sanciones en el deporte La relación entre la regulación legal y local )

Retos ◽  
2021 ◽  
Vol 42 ◽  
pp. 662-672
Author(s):  
Inna Bolokan ◽  
Georgiy Samoylenko ◽  
Maxym Tkalych ◽  
Bogdan Panchenko ◽  
Volodymyr Dmytriv
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
The State ◽  
Sports Law ◽  
Legal Doctrine ◽  
Scientific Methods ◽  
Foreign Countries ◽  
General Scientific ◽  
State Of Research

  Sports law is a relatively new phenomenon for jurisprudence in Ukraine. At present, there is no developed theoretical basis for responsibility in the field of sports in the domestic legal science. This publication is a study of world and national experience in solving this problem and is intended to be a source of further research in the field of sports law. The purpose of the study is to analyze the state of legal regulation of liability in the field of sports. The object of the study is the social relations that have developed in the field of sports law. The subject of the study is the public relations that have developed in the field of sports law in relation to legal and sports-competitive liability. Philosophical, general scientific and special scientific methods such as dialectical, system-structural, comparative-legal, and formal-legal methods acted as research methods. As a result of the work, the general features of legal regulation of sports sanctions in foreign countries were established, the terminology and conceptual schemes fundamental for legal doctrine were analyzed, the description of the state of research of the problem in the scientific environment is given, the national situation on responsibility in the field of sports is analyzed, typical examples of court cases in the researched aspect are specified, and also recommendations on improvement of the legal base are given.  Resumen: El derecho deportivo es un fenómeno relativamente nuevo para la jurisprudencia en Ucrania. En la actualidad, no existe una base teórica desarrollada para la responsabilidad en el campo del deporte en la ciencia jurídica nacional. Esta publicación es un estudio de la experiencia nacional y mundial en la solución de este problema y pretende ser una fuente de investigación adicional en el campo del derecho deportivo. El objetivo del estudio es analizar el estado de la regulación legal de la responsabilidad en el ámbito del deporte. El objeto del estudio son las relaciones sociales que se han desarrollado en el ámbito del derecho deportivo. El tema del estudio son las relaciones públicas que se han desarrollado en el ámbito del derecho deportivo en relación a la responsabilidad jurídica y competitiva deportiva. Actuaron como métodos de investigación métodos filosóficos, científicos generales y científicos especiales tales como métodos dialécticos, sistémicos-estructurales, comparativos-legales, formales-legales. Como resultado del trabajo se establecieron las características generales de la regulación legal de las sanciones deportivas en países extranjeros, se analizó la terminología y esquemas conceptuales fundamentales para la doctrina jurídica, se da la descripción del estado de la investigación del problema en el ámbito científico. , se analiza la situación nacional de la responsabilidad en el ámbito del deporte, se especifican ejemplos típicos de casos judiciales en el aspecto investigado, y también se dan recomendaciones sobre la mejora de la base jurídica.

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.

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.

scholarly journals Financial law enforcement acts in Poland

2018 ◽  
Vol 2 (3) ◽  
pp. 19-28
Author(s):  
E. Ruskowski
Keyword(s):  
Public Finance ◽  
Law Enforcement ◽  
Scientific Methods ◽  
System Method ◽  
Starting Point ◽  
General Scientific ◽  
Administrative Courts ◽  
Definition Of ◽  
The Individual

The subject. The paper is devoted to the classification of financial law enforcement acts issued in Poland.The purpose of the paper is a typological analysis of the financial law enforcement acts in Poland depending on the subjects who issues such acts.The methodology. General scientific methods as analysis, synthesis, induction, deduction, comparison were used. The system method made it possible to regularize a set of financial law enforcement acts, taking into account the subjects of law enforcement in Poland. The functional approach made it possible to identify the types of financial law enforcement acts, depending on their role in the system of law enforcement in Poland.The main results and scope of their application. The definition of the financial law enforcement act is proposed. Classification of subjects of financial law enforcement in Poland is carried out, their powers are covered and characteristics of the individual legal acts issued by them are al-located. The proposed qualitative analysis of law enforcement acts adopted in Poland may be-come a starting point for research in the field of financial law theory and comparative law.Conclusions. A financial law enforcement act is an act issued on the basis of the current rules of financial law by the authorized bodies, establishing or determining – in respect of an individual addressee – the rights and (or) obligations in a particular case in the field of public finance, or preparing their establishment or determination.The subjects applying the norms of financial law, can be divided into: bodies of financial ad-ministration, the courts (primarily administrative courts) and quasi-judicial bodies (e.g. the Commission, considering cases of violation of discipline of public finance). The first group of bodies issues decisions and orders (financial and legal acts), the bodies of the second group issue court decisions and court orders, the bodies of the third group issue decisions.The role of administrative courts in the financial law enforcement is significant. Significant number of financial cases, particularly concerning individual interpretations, in the total number of cases considered by such courts is an evidence.

scholarly journals Problems of regulation of investment relations in the of energy in the era of digitalization (on the example of coal energy)

2021 ◽  
Vol 7 (2) ◽  
pp. 604-613
Author(s):  
Iurii S. Shpinev ◽  
Marina S. Lizikova ◽  
Nina I. Solovyanenko ◽  
Konstantin A. Lebed
Keyword(s):  
Legal Regulation ◽  
Coal Industry ◽  
Medium Term ◽  
Scientific Publications ◽  
Scientific Methods ◽  
Current State ◽  
Methods Of Synthesis ◽  
General Scientific ◽  
Historical Comparative ◽  
Industry Investment

This article discusses the development, current situation and medium-term prospects of the Russian coal industry. The issues of the specifics of the industry, investment risks, as well as the legal regulation of investments at the present time are highlighted separately. Based on the current legislation, statistical data and scientific publications on the topic under consideration, the author comes to a number of conclusions regarding the current state, prospects, legal regulation and the appropriate type of investment in the coal industry. In the course of the research, the author, in addition to general scientific methods of synthesis and analysis, used such special methods as historical, comparative-legal, formal-legal.

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 On the Relationship between the Mechanism and the Method of Legal Regulation of Businesses

2019 ◽  
Vol 3 (2) ◽  
pp. 181-186
Author(s):  
Наталья Рубцова ◽  
Natal'ya Rubcova
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Entrepreneurial Activity ◽  
Scientific Methods ◽  
Dialectical Method ◽  
Business Regulation ◽  
General Scientific ◽  
The Relationship

The paper features the correlation between the concepts of mechanism and method of legal regulation in the context of entrepreneurial activity. The research objective was to determine the features and prospects of the development of the mechanism of legal regulation in business sphere. The research was based on the General scientific dialectical method and such private scientific methods as comparative, historical, logical, and modeling. The paper describes separate elements of the mechanism of legal regulation that structure certain public relations. The authors analyzed opinions of legal scholars on the mechanism and method of legal regulation. The mechanism and the method of legal regulation proved to be non-identical concepts. In contrast to the method of legal regulation, which means a set of techniques and methods by which certain social relations are regulated, the mechanism of legal regulation reflects a certain technology of legal regulation. In addition, it ensures the functioning of both the system of law as a whole and its individual branches and institutions. This study can serve as a basis for a further analysis of the mechanism of legal regulation to determine its effectiveness in relation to business regulation.

Typologization of security regulation

2020 ◽  
pp. 20-27
Author(s):  
Denis Tikhomirov
Keyword(s):  
Social Relations ◽  
Scientific Literature ◽  
Legal Regulation ◽  
Procedural Understanding ◽  
Limited Ability ◽  
Methodological Basis ◽  
Wide Range ◽  
The Subject ◽  
Definition Of ◽  
Legal Understanding

The purpose of the article is to typologize terminological definitions of security, to find out the general, to identify the originality of their interpretations depending on the subject of legal regulation. The methodological basis of the study is the methods that made it possible to obtain valid conclusions, in particular, the method of comparison, through which it became possible to correlate different interpretations of the term "security"; method of hermeneutics, which allowed to elaborate texts of normative legal acts of Ukraine, method of typologization, which made it possible to create typologization groups of variants of understanding of the term "security". Scientific novelty. The article analyzes the understanding of the term "security" in various regulatory acts in force in Ukraine. Typological groups were understood to understand the term "security". Conclusions. The analysis of the legal material makes it possible to confirm that the issues of security are within the scope of both legislative regulation and various specialized by-laws. However, today there is no single conception on how to interpret security terminology. This is due both to the wide range of social relations that are the subject of legal regulation and to the relativity of the notion of security itself and the lack of coherence of views on its definition in legal acts and in the scientific literature. The multiplicity of definitions is explained by combinations of material and procedural understanding, static - dynamic, and conditioned by the peculiarities of a particular branch of legal regulation, limited ability to use methods of one or another branch, the inter-branch nature of some variations of security, etc. Separation, common and different in the definition of "security" can be used to further standardize, in fact, the regulatory legal understanding of security to more effectively implement the legal regulation of the security direction.

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.

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