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.

scholarly journals Current issues of the implementation of a criminal penalty

2021 ◽  
Vol 17 (2) ◽  
pp. 93-100
Author(s):  
Ekaterina V. Avdeeva
Keyword(s):  
Integrated Approach ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Current Trends ◽  
Criminal Penalty ◽  
General Scientific ◽  
The Subject

The subject of the research is the criminal-legal aspects of the implementation of a fine as a type of criminal punishment. In this regard, an analysis of the materials of judicial practice is carried out, which makes it possible to reveal the current trends in the appointment of a criminal fine by the court. The dynamics of the appointment of a fine by the court as the main and additional punishment has been established. The purpose of the study is to uncover the problems of implementing a criminal fine as a type of punishment and to develop proposals for improving the mechanism for imposing a criminal fine by a court. The methodological basis of the research is formed by a set of general scientific and private scientific methods that predetermined an integrated approach to the study of the purpose of a fine as a type of punishment. In the course of achieving the goal of the study, special legal methods of cognition were used to facilitate the analysis of the legal regulation of the appointment of a fine, the determination of the property status of a person, and other income of the convict. The main results of the study contain conclusions and proposals aimed at improving the measures for the appointment of a fine in relation to minors, for the aggregate of crimes, when replacing a fine in case of malicious evasion from its payment. Conclusions are formulated regarding the methodological, organizational and practical aspects of the legal impact of a fine as a type of punishment aimed at achieving the goals of punishment. The novelty of the research topic lies in the formulation and solution of the problem associated with the appointment of a fine: 1) for the aggregate of crimes; 2) in relation to minors. Conclusions and proposals for improving the criminal law governing the basis and procedure for imposing a criminal fine are formulated.

scholarly journals Agreements to Eliminate Liability for Breach of a Contractual Obligation: Comparative Analysis of the Legal Regulation and Judicial Practice

Legal Concept ◽  
2021 ◽  
pp. 123-130
Author(s):  
Natalia Kagalnitskova ◽  
Olga Tolstova
Keyword(s):  
Legal Regulation ◽  
Scientific Methods ◽  
Freedom Of Contract ◽  
Contractual Obligation ◽  
Judicial Practice ◽  
Force Majeure ◽  
Legal Nature ◽  
General Scientific ◽  
Contractual Obligations ◽  
Weak Party

Introduction: modern legal science is faced with the task of developing the concept of an agreement on the elimination of contractual civil liability: determining its legal nature, scope and conditions for its implementation. For this purpose, the authors of the paper attempt to model the theoretical and legal basis of the agreement on the elimination of contractual liability of the debtor for non-performance, improper performance of its obligations. Using the general scientific methods – synthesis, analysis, comparative and dialectical methods, as well as the specific scientific methods of cognition, in particular, formal-legal, structural-functional and others, the authors determine the legal nature and scope of the agreement on the elimination of contractual liability for violation of a contractual obligation, and examine the practice of such application. Results: it is indicated that within the framework of the agreement on the elimination of contractual liability, it is possible to expand the list of circumstances related to “force majeure”, but taking into account the criterion of the latter: emergency and insurmountability. Conclusions: an agreement to eliminate contractual liability is not possible in contractual obligations involving a weak party, unless it is concluded in its favor. Therefore, the main scope of their application is the obligations related to the implementation of business activities. The possibility of concluding this agreement is a manifestation of the principles of autonomy of will and freedom of contract.

scholarly journals DOCTRINAL CHARACTERISTIC OF PUBLIC PROCUREMENT OF MEDICINES AS A FUNDAMENTAL ELEMENT OF STATE FINANCIAL GUARANTEES FOR THE PHARMACEUTICAL SPHERE

2019 ◽  
Vol 4 (5) ◽  
pp. 338 ◽  
Author(s):  
Oksana Strelchenko ◽  
Iryna Lychenko ◽  
Liubov Shevchenko
Keyword(s):  
Public Procurement ◽  
Legal Regulation ◽  
The State ◽  
Medicinal Products ◽  
Scientific Methods ◽  
Legal Method ◽  
Domestic Legislation ◽  
General Scientific ◽  
State Of Affairs ◽  
Key Aspects

The aim of the article is to study theoretical, methodological, and doctrinal approaches to public procurement of medicines and on this basis to determine ways to improve domestic legislation in this sphere. The subject of the study is public procurement of medicines. Methodology. The study is based on general scientific and special-scientific methods and techniques of scientific knowledge. The historical and legal method enabled to determine the preconditions for public procurement of medicines as a fundamental element of state financial guarantees for the pharmaceutical sphere in Ukraine and in the world, as well as the development of scientific and theoretical views on the nature, problems, and methods of public procurement of medications. The comparative legal method enabled to compare doctrinal approaches to public procurement of medicinal products. The systemstructural method contributed to the consideration of public procurement of medications as a fundamental institutional and functional element of state financial guarantees for the pharmaceutical sector. The methods of grouping and classifying were the basis for the author’s approach to public procurement of medicines for the most important and practically significant criteria. The technical legal method enabled to interrogate the state of affairs in the statutory and legal regulation of the national system of public procurement of medications, to identify its disadvantages, gaps, contradictions and miscalculations, as well as to develop recommendations aimed at their elimination. The results of the study revealed that public procurement of medicines should be considered as an activity of a public administration or specialized agencies authorized by it, aimed at purchasing medicinal products by the procurer funded from taxpayer’s money and preserving the health of citizens via a transparent control by the state (via the Prozoro system). Practical implications. In the study: first, the key aspects of the genesis of public procurement of medicines are outlined; second, scientific approaches to their characteristics, available in the special literature, are analysed and compared; third, the author’s original perspective concerning legislative regulation and consolidation in the current legal regulations is substantiated. Relevance/originality. The original author’s approach to the doctrinal principles of public procurement of medications is the basis for developing the most promising areas of improvement of domestic legislation in this sphere.

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 The Principle of Performance in Inter-Budgetary Subsidy Provision Legal Relationships

2021 ◽  
Vol 1 ◽  
pp. 41-44
Author(s):  
Alina A. Timerkhanova ◽  
Keyword(s):  
Russian Federation ◽  
Scientific Knowledge ◽  
Performance Indicators ◽  
Legal Regulation ◽  
Practical Significance ◽  
Synthesis System ◽  
Scientific Methods ◽  
Dialectical Method ◽  
Judicial Practice ◽  
General Scientific

Purpose. The article discusses the importance of the princ iple of ef fectiveness in relations for the provision of intergovernmental subsidies. Judicial practice shows that there is no detailed legal regulation of the composition of this principle, which leads to failure to achieve the result of using subsidies. Methodology: dialectical method of scientific knowledge. The research used such general scientific methods as analysis, synthesis, system and structural-functional. Conclusions. The author comes to the conclusion that the composition of the principle of effectiveness should be fixed in the Budget code of Russian Federation, which includes performance indicators, deadlines for achieving the purpose and exceptional circumstances. Scientific and practical significance. Based on the analysis of judicial practice, the composition of the principle of effectiveness is proposed, which will contribute to achieving the purpose of provision of intergovernmental subsidies.

scholarly journals Prospects of legal regulation of contractual relations in the sphere of lobbying management as a counteraction to corruption at the municipal level

2021 ◽  
Vol 10 (44) ◽  
pp. 38-47
Author(s):  
Oleksandr Bryhinets ◽  
Olena Нalus ◽  
Iryna Ryzhuk
Keyword(s):  
Legal Regulation ◽  
Public Law ◽  
Point Of View ◽  
The Body ◽  
Scientific Methods ◽  
Scientific Analysis ◽  
Subjective Factor ◽  
General Scientific ◽  
Contractual Relations ◽  
Municipal Level

The objective of the article is a comprehensive analysis of the problem of interpretation of contractual relations and their management into the legal field of the national legislation to achieve the significant reduction of corruption at the municipal level on the territory of our country. To achieve this objective, a set of philosophical-worldview, general scientific (analysis, synthesis) and special-scientific methods (systemic, structural-functional, comparative-legal) have been used. It is proved that lobbying is a subjective factor that affects the process of municipal legal regulation. Emphasis is placed on the expediency of introducing the contractual form of regulation of relations on lobbying management decisions at the municipal level. The contract on lobbying at the municipal level is defined as a multilateral agreement between the customer, lobbyist and the body of local government, which has a public-law character, establishes contractual rules of law on lobbying to influence the process of adopting normative municipal-legal acts. It is concluded that it is extremely important to organize and regulate lobbying in any country in the world, because if this phenomenon cannot be completely eradicated, it must be regulated from the legal point of view, which, in the end, will significantly reduce the level of corruption in the society.

Рrospects for the Development of Norms of Сivil Law on Preliminary Contract

2021 ◽  
Vol 6 ◽  
pp. 33-38
Author(s):  
A. O. Kirillova ◽  
Keyword(s):  
Legal Regulation ◽  
Scientific Methods ◽  
Freedom Of Contract ◽  
Existing Structures ◽  
General Scientific ◽  
Legal Consequence ◽  
The Russian Federation ◽  
Further Development ◽  
Scientific Ideas ◽  
Legal Consequences

This article is devoted to the study of the historical experience of regulating pre-contractual legal relations. The main focus is on the development of preliminary contract legislation. At the same time, problems are posed related to possible ways of further development of legislation on a preliminary contract. The purpose of the article is to study the current legal regulation of legal relations complicated by a preliminary agreement, and to propose scientific ideas aimed at improving the Civil Code of the Russian Federation in the part related to the preliminary agreement. The article was written with the active use of general scientific methods and special legal methods. When writing the article, the methods of formal logic and the general dialectical method and methods of interpretation of legal texts were used. In this article, conclusions are drawn about the need for a general design of a preliminary contract, uniting elements of all existing structures that ensure the organization of future contractual relations. In addition, this article draws conclusions about the introduction of special restrictions on freedom of contract when concluding a preliminary contract. The author expressed the idea of fixing such a legal consequence in case of violation of a preliminary contract, as the recognition of legal consequences as having occurred.

scholarly journals ICO — a New Way of Project Financing: Development Trends of Legal Regulation

2020 ◽  
Vol 10 ◽  
pp. 41-44
Author(s):  
Yulia K. Tsaregradskaya ◽  
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Practical Significance ◽  
Financial Assets ◽  
Scientific Methods ◽  
Domestic Legislation ◽  
Analysis And Synthesis ◽  
Initial Placement ◽  
General Scientific ◽  
Training Courses

Purpose. The development of digital technologies contributes to the improvement of financial relations using various information systems, which actualizes the study of the problems of legal regulation of new relations, in particular in the field of ICO. The article analyzes the processes of initial placement of tokens (moent), as well as possible options for their legal regulation. The methodological basis for the research of this article is the dialectical method of scientific knowledge. The research used such general scientific methods and techniques as scientific abstraction, system, logical, analysis and synthesis, comparative law. Conclusions are drawn that 1) various approaches to the issue of ICO regulation have been formed in a number of countries, and rather ambiguous ones, 2) Russia is currently in the process of forming a legal framework regulating the circulation of cryptocurrencies and digital financial assets, 3) the term “ICO” has not been introduced in domestic legislation, and the terms “issue” and “circulation”are used instead. Scientific and practical significance. This research allows us to consider the nature of the token and the content of the ICO process, as well as contributes to the development of theoretical directions on this topic and the formation of training courses on tokens and new ways of implementing financial relations.

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.

Current State of Legislation, Law Enforcement and Judicial Practice in the Sphere of Conclusion, Modification and Termination of Lease Agreements for Land Plots, Concluded for Construction Purposes

2020 ◽  
Vol 1 ◽  
pp. 16-23
Author(s):  
V. V. Cheremukhin ◽  
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Legal Regulation ◽  
Scientific Development ◽  
Synthesis System ◽  
Judicial Practice ◽  
Current State ◽  
General Scientific ◽  
Statistical Indicators

Construction, as a sphere of the national economy, has impressive statistical indicators, determining the importance and relevance of its proper legal regulation, especially in terms of land use for relevant purposes. This article discusses the current situation in the sphere of provision of land plots for construction purposes, further alteration and termination of the relevant lease relations; provides a detailed analysis of the current legislation, law enforcement and judicial practice in such sphere. The purpose of the article is to analyze and summarize legislation judicial and law enforcement practice in this area, as well as the development of specific directions for a comprehensive dissertation research, proposals for improving the legislation regulating these relations. This goal is achieved by solving tasks such as studying of the existing legal regulation of disputed legal relations, law enforcement and judicial practice, identification of problematic and conflict-of-laws issues in the field under consideration, review of the degree of scientific development of the research topic, determination of trends in the development of this sphere of legal relations, development of specific proposals for changing legislation and law enforcement practice. General scientific (synthesis, system analysis, analogy) and special (formal-legal, comparative-legal) methods are used to solve the above problems. Based on the results of consideration of these issues, the author formulates the main problems of the legal relations under consideration, an assessment of the current degree of scientific development of this field is given, the main directions of the planned scientific research are also outlined, proposals are formulated to improve legislation and law enforcement practice.

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