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 Protection against imposing unfavorable contract terms by the dominant party in the russian legislation: issues of ensuring the balance of convenience

2020 ◽  
Vol 16 (1) ◽  
Author(s):  
Kirill Andreevich Pisenko ◽  
Stanislav Lvovich Botvinnik
Keyword(s):  
Legal Regulation ◽  
Philosophical Perspective ◽  
Public And Private ◽  
Scientific Methods ◽  
Dominant Party ◽  
Legal Method ◽  
General Logic ◽  
Legal Nature ◽  
Definition Of ◽  
Antitrust Regulation

Legal issues of counteracting the imposition of unfavorable contract terms by the dominant party raise a number of theoretical and practical problems. The authors of the article try to determine the legal nature of imposition and develop methods of comprehensive counteraction to this violation in order to ensure the balance of convenience. From the philosophical perspective and a certain worldview, the study is based on the balance of convenience regarded as the objective foundation of legal regulation. The main philosophical and scientific methods used in this article include the dialectic method, the formal-legal method, the method of legal hermeneutics, as well as the comparative-legal and empirical methods. The theoretical basis is represented by scientific works in the field of civil, administrative, entrepreneurial and procedural branches of law. The legal nature of imposition as a type of violation should be determined with due regard to the general logic of antitrust regulation. The parallel use of both public and private law necessitates the development of procedural legal means ensuring uniform law enforcement and the balance of convenience. First of all, the unity of approaches regarding legal tools of public and civil law should be concerned with the definition of features and the essence of elements compiling the imposition itself. The authors also propose approaches to the formation of an appropriate procedural model.

scholarly journals PHILOSOPHICAL AND LEGAL NATURE OF THE LAW PRINCIPLE: METHODOLOGICAL PROBLEMS OF RESEARCH

2020 ◽  
Vol 24 (3) ◽  
pp. 547-571
Author(s):  
Andrey V. Skorobogatov ◽  
Alexandr V. Krasnov
Keyword(s):  
Public Relations ◽  
Point Of View ◽  
Integrative Approach ◽  
Legal Analysis ◽  
Scientific Methods ◽  
Legal Nature ◽  
General Scientific ◽  
Methodological Problems ◽  
The Law ◽  
Ontological Aspect

The article explores the legal nature of law principles from the perspective of philosophical and legal analysis. The purpose of the article is to form scientifically based knowledge on the philosophical and legal nature of the category law principle using postclassical methodological tools. Research Methods: The methodology of the article is based on the postclassical scientific rationality. The authors use an integrative approach to the study of legal reality in combination with a phenomenological and synergetic methodology, thereby using a number of general scientific and special scientific methods in a particular logical system, which makes it possible to study law principles both ontologically, in terms of their role in law in general, and epistemologically as well as axiologically. Moreover, the content, functioning and development of law principles are considered phenomenologically, as well as in the context of law communication. Results: The law principle in the ontological aspect is a fundamental form of law, reflecting the most significant ideas concerning regulation of public relations; the law principle is used as a direct regulator along with the rule of law. The epistemological law principle can be interpreted as a generalizing category, reflecting interpretation and assessment of legal reality from the standpoint of postclassical methodology. From an axiological point of view, the law principle embodies the law and social values and traditions that are dominant within the framework of a given socio-cultural chronotope, and is also used as one of the fundamental tools for constructing legal reality and its development. Conclusions: the law nature of law principles is determined with the account of postclassical methodology onto-logically, epistemologically and axiologically, in terms of their dual role in formation, development and construction of legal reality at all of its levels, in the context of both objective and subjective factors. The findings can be applied in drawing up concepts of legal and judicial reforms in terms of targeted construction of legal reality, as well as in the process of predicting the development of the Russian legal system.

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 INTERNATIONAL FRANCHISE AGREEMENT

2019 ◽  
Vol 4 (5) ◽  
pp. 332
Author(s):  
Bohdan Stetsiuk ◽  
Yurii Miroshnychenko ◽  
Pavlo Dudko
Keyword(s):  
Practical Implication ◽  
Integrated Approach ◽  
Structural Method ◽  
Scientific Methods ◽  
Legal Method ◽  
Legal Nature ◽  
Analysis And Synthesis ◽  
International Regulations ◽  
General Scientific ◽  
Definition Of

The purpose of the article is to study the legal nature of the international franchise agreement, its types, essential conditions and peculiarities of its conclusion. The subject of the study is the international franchise agreement. Research methodology. The research is based on the use of general scientific and special-scientific methods and methods of scientific knowledge. The dialectical method allowed investigating the definition of the international franchise agreement and its essential conditions. The comparative legal method was used to compare doctrinal approaches to this issue. Interpretation of the content of international legal acts governing issues related to the conclusion of the international franchise agreement was realized with the help of the normative-dogmatic method. The system-structural method is used to study the international franchise agreement as a single whole (system) with the coordinated functioning of all its elements. The methods of grouping and classifying formed the basis for separating the list of conditions, which are necessary for the conclusion of this contract, as well as the provisions that should be included in the content of the agreement. Methods of analysis and synthesis helped to study some parts of this agreement to formulate further conclusions. Practical implication. The analysed recommendations of scientists and lawyers, as well as the provisions of international regulations, can be used when concluding an international franchise contract. Correlation/originality. The scientific novelty of the work consists of an integrated approach to the study of theoretical and practical issues related to the international franchise agreement.

scholarly journals Legal nature, contents, and problems of applying a corporate agreement

2021 ◽  
Vol 108 ◽  
pp. 01013
Author(s):  
Anatoly Nikolaevich Levushkin ◽  
Marina Nikolaevna Ilyushina ◽  
Sergey Yurievich Morozov ◽  
Aleksander Viktorovich Volkov ◽  
Kama Klimentievna Dzhindzholiya
Keyword(s):  
Research Work ◽  
Synthesis Methods ◽  
Protection Measures ◽  
Study Objective ◽  
Theoretical Concepts ◽  
Scientific Methods ◽  
Legal Structure ◽  
Legal Nature ◽  
General Scientific ◽  
Definition Of

A corporate agreement is widely known as a legal structure that allows regulating legal relations and distributing risks between participants in an investment transaction. The establishment of this institution in Russian legislation has opened up great opportunities for both financial and strategic investors. When concluding a corporate agreement with third parties, a “quasi-corporate” agreement is concluded. Study objective: legal research of the current legislation and theoretical concepts regarding the definition of the legal nature, content, and problems of applying a corporate agreement and identification of the most significant proposals for legislation improvement. Methods. The authors of the study applied general scientific and specific scientific methods of research work. In particular, the dialectical method of scientific knowledge, systemic, functional, deduction, induction, analysis, synthesis methods as well as special legal ones like formal legal, comparative-legal, the method of legal modeling, and others were implemented. Results and novelty. The analysis of law enforcement practice showed that, despite a wide selection of both named and unnamed protection measures, none of them guarantee the proper performance of obligations arising from a corporate agreement. This thesis follows from the materials of judicial and arbitration practice.

scholarly journals On the Issue of the Legal Nature of Investments

Legal Concept ◽  
2020 ◽  
pp. 97-104
Author(s):  
Yury Shpinev
Keyword(s):  
Deep Understanding ◽  
Legal Regulation ◽  
Economic Science ◽  
Methodological Framework ◽  
Investment Climate ◽  
Scientific Methods ◽  
Legal Nature ◽  
Definition Of ◽  
Genetic Results

Introduction: despite the need to create a favorable investment climate, the legal regulation of investment in this country has a number of significant drawbacks. The quality of the legislative regulation of investment relations depends on an objective and deep understanding of the legal nature of investments. In this connection, the author aims to study various approaches to determining the legal nature of investments. Methods: the methodological framework for the research was formed by the methods of formal logic, as well as the specific scientific methods: technical-legal and historical-genetic. Results: the author’s position is based on the current legislation and opinions of the legal scholars on the legal nature of investments. Based on the analysis of the existing laws, the problem of defining investments in these acts and legal science is pointed out. Various approaches to the concept of the “legal nature” category are considered, as well as the opinions on the legal nature of investments and investment contracts. The author’s definition of the category “legal nature” is proposed. Conclusions: as a result, it is concluded that in order to establish a single legal and scientific definition of investments, it is necessary to establish their legal nature, which, in turn, requires studying and describing the primary properties of investments at the time of the origin of this category in the framework of the economic science.

scholarly journals THE ESTABLISHMENT OF LEGAL RULES AS AN ELEMENT OF THE SYSTEM OF LEGAL INFLUENCE: AN INSTRUMENTAL APPROACH

2018 ◽  
Vol 5 (3) ◽  
pp. 114-134 ◽  
Author(s):  
L. Berg
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Social Activity ◽  
Social Institutions ◽  
Legal Regulation ◽  
Public Authorities ◽  
Instrumental Approach ◽  
Legal Rules ◽  
Legal Forms ◽  
Definition Of

The author considers the essence of the establishment of legal rules as the will of the State that forms the structure of social relations. Based on an instrumental approach, the author examines the establishment of legal rules and the rules of law in their interaction with social activity, which allows subjects to “find themselves” in the legal system. Thus, the structures of public authorities, establishments and enterprises are created, their goals and order of activities are determined, as well as the competence and powers of officials, and legal statuses are secured; consequently, the participants, objects, terms of starting, changing and terminating legal relations concerning society are determined, too. Hence, the law influences the content of social relations, which is activity. In general, the results of the activities of individual and collective subjects of law reflect social relations, and social relations need legal regulation. At the same time, social relations may appear not only as activity, they may also appear in a passive form as legal statuses, social institutions. They are also regulated through legal rules, and in that case legal influence is carried out through the establishment of legal rules. It is able to predict the legal forms of subject activities through the establishment of legal rules. The author puts forward a legal definition of the establishment of legal rules as a purposeful influence on public relations, which is to regulate by means of legal rules. Distinctions of legal regulation from legal influence are established. The legal means expressing external factors in reference to the subject’s will correspond to the establishment of legal rules. However, by analyzing a list of normative acts we can conclude that legal means should be established more logically. It is necessary to consider the dialectics of relationships between purpose and means in the field of rulemaking processes, since dialectics is of a two-way determinative nature.

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.

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