ON THE UNDERSTANDING OF THE INSTITUTION OF LEGAL COSTS AND ITS RELATIONSHIP WITH LOSSES IN THE ASPECT OF MODERN LEGAL POLICY

2021 ◽  
Vol 10 (6) ◽  
pp. 30-41
Author(s):  
S.F. AFANASIEV
Keyword(s):  
Positive Outcome ◽  
Causal Connection ◽  
Legal Policy ◽  
Procedural Law ◽  
Administration Of Justice ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Legal Costs ◽  
Contractual Obligations ◽  
The Right

The article is devoted to the legal nature of legal costs in the context of domestic legal policy. The relevance of this study is evidenced by the lack of proper coverage and a more or less consistent understanding of this problem in legal science, which is inevitably extrapolated to the legislation and applied components of domestic legal life. In order to form a comprehensive idea of the institution of legal expenses, general scientific (logical (induction, deduction, analysis and synthesis), systemic and functional) and private law (historical-legal, formal-legal, comparative-legal) methods are used. It is argued that any presence of a right or its absence, violation or non-violation of it is established only through a formal jurisdictional process, as a result of which a person has expenses and the right to compensation in case of a positive outcome. It is stated that a legitimate fact for the submission of claims for the recovery of legal costs is not jus or some traditional conditions of civil circulation, but judicium and its legal force. It is noted that there is no direct causal connection between jus and the procedural institute of judicial expenses, but there is between satisfaction of actio and subsequent award of such expenses. It is concluded that legal costs do not correlate with the discovery of contractual or non-contractual obligations, as well as the need for compensation for harm to a person who suffered from a guilty act. Being an institute of civil procedural law, court costs are not recoverable not because of the indicated, but because of the administration of justice in a civil or administrative case and are directly dependent on its final outcome.

The Problem of the Right to Trial: The Theory and Practice of Dualism and Interaction between Substantive and Procedural Law

2021 ◽  
Vol 16 (12) ◽  
pp. 79-97
Author(s):  
E. E. Uksusova
Keyword(s):  
Theory And Practice ◽  
Regulation Mechanism ◽  
Legal Proceedings ◽  
Procedural Law ◽  
Legal Relationship ◽  
Civil Proceedings ◽  
Administration Of Justice ◽  
The Right ◽  
Judicial Protection

Continuing the study of specialization of Russian civil procedural law, the author, based on the invariable perspective of its action, namely: a standardized court procedure of civil proceedings in administration of justice in a certain civil case and protection of the right, dwells on certain issues of its structural and functional characteristics — classification of procedural norms, mechanism of procedural regulation, mechanism of procedural legal relationship, etc. Through the context of the principle of dispositiveness, when clarifying the scope of its action and content as the legal beginning of legal proceedings (its leading element is the right to trial leading to the interaction of substantive and procedural law in the course of judicial protection of the right), the author analyzes and reveals the content, substantiates connections and relations between various interdisciplinary phenomena of law (a claim, the right to claim, etc.). The latest jurisprudence illustrates the importance of the conceptual legal apparatus for the development of legal science, law and improvement of its implementation in the Russian legal order.

Legislation of the post-soviet states regarding walks of the convicts

2020 ◽  
pp. 82-90
Author(s):  
Андрей Анатольевич Павленко
Keyword(s):  
General Rule ◽  
Physical Exercises ◽  
Analysis And Synthesis ◽  
Penal Institutions ◽  
General Scientific ◽  
Principal Points ◽  
The Subject ◽  
The Russian Federation ◽  
The Right ◽  
The Relationship

Предмет исследования - уголовно-исполнительное законодательство стран постсоветского пространства. В научной статье применялись следующие методы исследования: общенаучные - анализ и синтез, системно-структурный, формально-логический и частнонаучные - сравнительно-правовой, лингвистический, аксиологический. Исследование проведено по ряду критериев (параметров), отражающих различные аспекты права осужденных на прогулку. К числу таковых отнесены: локализация законодательного закрепления рассматриваемого права, взаимосвязь прогулок с физическими упражнениями на открытом воздухе, продолжительность прогулок, время и место их проведения, увеличение времени прогулок в качестве меры поощрения, а также возможность досрочного прекращения прогулки в случае нарушения осужденным установленных правил. Получены следующие результаты исследования - краеугольные элементы права осужденных на прогулки в УИК и КИН стран СНГ, основанные на положениях Модельного Уголовно-исполнительного кодекса СНГ, и, за исключением Исполнительного кодекса Молдовы, фактически идентичны. Напротив, регламентация прогулок в кодексах (законах) других трех стран постсоветского пространства (Грузии, Латвии и Эстонии) разительно отличается как от норм кодексов стран СНГ, так и друг от друга. Отдельные положения УИК и КИН стран постсоветского пространства заслуживают внимания и дополнительного изучения на предмет включения их в УИК РФ. К таким аспектам относятся: включение в число основных прав осужденных права на занятие физической культурой и спортом, а также возможность физических упражнений на открытом воздухе во время прогулок; установление в качестве общего правила для всех категорий осужденных, включая нарушителей, гарантированной минимальной продолжительности прогулки. The subject of the study is the penal legislation of the post-Soviet countries. The following research methods were used in this article: general scientific such as analysis and synthesis, systemic-structural, formal-logical and specific scientific - comparative-legal, linguistic, axiological. The study was conducted on several criteria (parameters), reflecting various aspects of the right of convicts to walk. Among these are: localization of the statutory recognition of this right, the relationship between walking and physical exercises in the open air, the duration of the walks, the time and place of their holding, the increase in the time of walking as an incentive, and the possibility of early termination of the walk in case of violation of the established rules by convicts. The following research results were obtained - principal points of the right of convicts to walk in penal institutions of the CIS are based on the provisions of the CIS Model Correctional Code, and, except for the Moldovan Executive Code, are virtually identical. On the contrary, the regulation of walks in the Codes (laws) of the other three countries of the post-Soviet territory (Georgia, Latvia, and Estonia) is very different from the CIS Codes and each other. Certain provisions of Correctional Codes of post-Soviet countries deserve attention and additional study as possible additions to the Correctional Code of the Russian Federation. Such aspects include the inclusion of the right to physical exercise as the basic right of convicts, as well as the possibility of physical exercises in the open air during walks; a guaranteed minimum duration of the walk for all categories of convicts, including violators, as a general rule.

scholarly journals GUARANTEES OF LEGALITY OF PUBLIC ADMINISTRATION ACTIVITY: FROM CONCEPT TO PRACTICAL IMPLEMENTATION

2021 ◽  
Vol 7 (1) ◽  
pp. 134-138
Author(s):  
Vyacheslav Tylchyk ◽  
Olha Tylchyk
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Dispute Resolution ◽  
Central Place ◽  
Practical Implementation ◽  
Legal Doctrine ◽  
Procedural Law ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Administrative Proceedings

The purpose of the article is an attempt to consider guarantees of the legality of public administration through rethinking the existing system of appeal, taking into account the novelties of domestic science and practice, and the preconditions for the formation of administrative procedural law, in which the central place belongs to the category of “dispute in public relations”. The analysis of subsystems of dispute resolution through administrative proceedings and pre-trial appeals from the standpoint of efficiency and the dialectical connection is carried out. It is stated that to ensure the effectiveness of the generally accepted system of dispute resolution as a guarantee of legality, the activities of public administration entities today are the priority of absolutely all legal countries. Significant obstacles on gradual and systematic activities such as those caused by an acute exacerbation of social tension in society, external aggression, especially the development of legal doctrine and legislation that includes an ambiguous position. Today, most scholars agree that the issues of guarantees of the legality of public administration are directly related to the ability to present a model for appealing decisions, actions, inactions and determine its levels. Scientific support of the processes of formation of a legal and socially-oriented state is closely connected with the need to strengthen the methodological armament of legal science, its departure from outdated scientific dogmas, and the search for forms of manifestation and enforcement. The solution of the goal set in the publication is achieved using the cognitive potential of the system of philosophical, general scientific, and special methods. Analysis and synthesis allowed to determine the features of the concepts of “appeal” and “dispute” within the administrative appeal. Methods of review of grammar and interpretation of the law helped identify gaps and other shortcomings of legislation problems introducing mediation in the judicial administrative process as of alternative that will act as a separate stage of proceedings litigation, making suggestions for improvement. Practical implications. The formulated proposals for the development of legal support for appealing decisions, actions, the inaction of public administration, along with the functioning of administrative proceedings as a procedural form of administrative justice, acts as a guarantor of public administration in the relationship between citizen and state and is an integral part of this model.

scholarly journals Judgment (Trial) in Absentia According to the Code of Criminal Procedure of the Republic of Albania

2021 ◽  
Vol 12 (4) ◽  
pp. 144
Author(s):  
Naim Tota ◽  
Klodjan Skenderaj
Keyword(s):  
Conflicts Of Interest ◽  
Criminal Procedure ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
The Public ◽  
Procedural Law ◽  
Administration Of Justice ◽  
The Republic ◽  
The One ◽  
The Right

The judgment in absentia of the defendant is included in the institutes provided in the Code of Criminal Procedure, where in many cases many problems have been encountered in our case law. The judgment in absentia must, on the one hand, guarantee the respect of the fundamental rights of the defendant and, on the other hand, guarantee the public interest in the administration of justice, through the regular exercise of judicial functions. In the Albanian legislation these conflicts of interest have been resolved by the legislator by accepting and becoming part of the Code of Criminal Procedure of 1995 as well as with the amendaments made in 2017, namely, the conduct of the trial in the absence of the defendant. However, this Code also guarantees the defendant the opportunity to review the matter, in cases where he becomes aware of the decision rendered in absentia. The guarantee placed by the legislator in the code of criminal procedure has come precisely because of the practice of the ECHR but also a series of decisions of the Constitutional Court of Albania, which stated that in cases of judgments rendered in absentia, defendants have the right to have their case reviewed. This paper will analyze exactly the provisions of the Albanian criminal procedural law on the conduct of the judgment in absentia, the cases of suspension of the trial for the defendants who do not know effectively about the trial.    Received: 2 May 2021 / Accepted: 15 June 2021 / Published: 8 July 2021

scholarly journals IS THE INSTITUTE OF JUDICIAL REVIEW OF DECISIONS TAKEN UNDER APPOINTMENT OF THE COURT SESSION IN NEED OF FURTHER CHANGES?

2017 ◽  
Vol 21 (2) ◽  
pp. 169-175
Author(s):  
T. K. Ryabinina
Keyword(s):  
Practical Importance ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Judicial Decision ◽  
Criminal Proceedings ◽  
Analysis And Synthesis ◽  
Red Tape ◽  
General Order ◽  
General Scientific ◽  
The Right

The article discusses issues concerning the legal regulation of the procedure for appealing against judicial decisions taken by the court under appointment of the court session. The author raises the problem of the necessity and appropriateness of any decision appeal taken in this stage of the process. Iit is proved that since any judicial decision determining the further movement received from the Prosecutor of the criminal case affects the interests of the participants in the proceedings. So the participants should be given the right of appeal to the General order, that is, in accordance with chapters 45.1 and 47.1 of the code of criminal procedure. In the paper general scientific and special legal methods of studies are used: analysis and synthesis, legal modeling, formally-legal. The scientific novelty of the research lies in the author's approach to the study of the problem which has not only theoretical but also practical importance, namely, to rethink the essence of the appeal against the intermediate court decisions. The author challenges the position of many scientists that the appeal of any and all decisions made under appointment of the court session, having primarily organizational and security nature, creates judicial red tape and delays the timing of the proceedings and therefore the criminal trial on the merits, basing his opinion that sometimes the execution of certain judgments of the court leads to much more temporal, organizational, and material costs than their verification by the higher court. In addition the right to appeal procedural actions and decisions, as a principle of criminal proceedings, along with other principles is designed to protect the legitimate rights and interests of any participant in the process. In modern Russian criminal proceedings that is a priority. Therefore, the author proposes to exclude the provision on prohibition to appeal an individual judge's decision rendered under appointment of the court session from the code of criminal procedure and to leavу only the ban to appeal the decision on the venue, date and time of the hearing.

scholarly journals Access to Court as a Determinative Procedural Act for the Exercise of Justice and Protection of Rights in Civil Cases (Part 2)

2021 ◽  
Vol 16 (1) ◽  
pp. 99-110
Author(s):  
E. E. Uksusova
Keyword(s):  
Constitutional Rights ◽  
Law System ◽  
Procedural Law ◽  
Current State ◽  
Administration Of Justice ◽  
Civil Cases ◽  
The Right ◽  
Judicial Protection ◽  
Procedural Rights ◽  
Right Of Access

The author, following the focus of the study on specialization of civil procedural law in the Russian legal system as manifested regularity of its development, relying on the inevitable dualism and interaction between material and procedural law, comprehends its current state on the example of certain basic procedural and legal institutions: the institution of the right of access to court, the institution of protection of the rights and interests of other persons, the institution of jurisdiction, etc The author’s use of known and proposed legal constructions, categories and concepts in the author’s combination and (or) interpretation makes their research urgent for the purposes of understanding of the key conditionality of civil procedural law specialization in the Russian law system as providing them with the administration of justice and protection of rights in civil cases in compliance with their wide understanding when the right to judicial protection in the system of constitutional rights and freedoms constitutes a guarantee for all of them. This paper is the second in a series of three papers devoted to the problem of the right of access to court as the most important issue of dualism and interaction between material and civil procedural rights.

scholarly journals Realization of the right to freedom of conscience in the information and communication network Internet

2021 ◽  
Vol 2021 (3) ◽  
pp. 31-36
Author(s):  
Anna Nikitina
Keyword(s):  
Virtual Reality ◽  
The Internet ◽  
Freedom Of Conscience ◽  
Scientific Methods ◽  
Internet Users ◽  
Scientific Analysis ◽  
Analysis And Synthesis ◽  
Information And Communication ◽  
General Scientific ◽  
The Right

The article deals with the problems of the realization of the right to freedom of conscience, arising from the acquisition of virtual reality. The problem of improving legislation in the field of protection of the right to freedom of conscience is one of the urgent problems. Besides, the number of «Internet users» is growing, so there is the question – what kind of interaction between the virtual world and religion can be considered legal. In addition, various forms of abuse of the right to freedom of conscience appear because the development of the «Internet». In the conclusion, the author believes that the realization of the right to freedom of conscience in virtual reality is possible, but its mechanism needs legislative regulation. The purpose of the issue is to provide a scientific analysis of the provisions guaranteeing the realization of the right to freedom of conscience in the Russian Federation, to develop scientifically based proposals and recommendations for improving the legislation on freedom of conscience in order to guarantee it in the Internet. In the article the author uses a complex of general scientific methods: analysis and synthesis, formal-logical, structural and systematic, which allowed to identify the features of the implementation of the right to freedom of conscience in the Internet.

THE IDEA OF «COMMUNITY» IN THE GOVERNMENT CONCEPTS OF GALICIA OF THE XIX – BEGINNING OF THE XX CENTURY

2019 ◽  
pp. 15-21
Author(s):  
Liubomyr Ilyn
Keyword(s):  
Nineteenth Century ◽  
19Th Century ◽  
Practical Significance ◽  
Distinctive Features ◽  
Legal Studies ◽  
Legal Principle ◽  
General Scientific ◽  
The Government ◽  
The Right ◽  
The 19Th Century

Purpose. The purpose of the article is to analyze and systematize the views of social and political thinkers of Galicia in the 19th - beginning of the 20th centuries. on the right and manner of organizing a nation-state as a cathedral. Method. The methodology includes a set of general scientific, special legal, special historical and philosophical methods of scientific knowledge, as well as the principles of objectivity, historicism, systematic and comprehensive. The problem-chronological approach made it possible to identify the main stages of the evolution of the content of the idea of catholicity in Galicia's legal thought of the 19th century. Results. It is established that the idea of catholicity, which was borrowed from church terminology, during the nineteenth century. acquired clear legal and philosophical features that turned it into an effective principle of achieving state unity and integrity. For the Ukrainian statesmen of the 19th century. the idea of catholicity became fundamental in view of the separation of Ukrainians between the Russian and Austro-Hungarian empires. The idea of unity of Ukrainians of Galicia and the Dnieper region, formulated for the first time by the members of the Russian Trinity, underwent a long evolution and received theoretical reflection in the work of Bachynsky's «Ukraine irredenta». It is established that catholicity should be understood as a legal principle, according to which decisions are made in dialogue, by consensus, and thus able to satisfy the absolute majority of citizens of the state. For Galician Ukrainians, the principle of unity in the nineteenth century. implemented through the prism of «state» and «international» approaches. Scientific novelty. The main stages of formation and development of the idea of catholicity in the views of social and political figures of Halychyna of the XIX – beginning of the XX centuries are highlighted in the work. and highlighting the distinctive features of «national statehood» that they promoted and understood as possible in the process of unification of Ukrainian lands into one state. Practical significance. The results of the study can be used in further historical and legal studies, preparation of special courses.

Modernizing the lending facility under concession agreements

2020 ◽  
Vol 26 (7) ◽  
pp. 1590-1609
Author(s):  
V.A. Rakhaev
Keyword(s):  
Financial Structure ◽  
Bank Lending ◽  
Early Termination ◽  
Scientific Methods ◽  
Financial Condition ◽  
Revenue Collection ◽  
Analysis And Synthesis ◽  
Financing Mechanism ◽  
General Scientific ◽  
The Russian Federation

Subject. The article addresses modernization of lending facilities under concession agreements. It is important for evaluating the terms of credit transactions, effectiveness of credit projects, and the concessionaire's ability to repay the loan. Objectives. The purpose is to review the current financing mechanism and underpin approaches to improving the credit facilities within concession agreements. Methods. The study rests on general scientific methods, like the systems and logical analysis and synthesis, principles of induction and deduction, financial calculation techniques. The analytical part employs the balance method, methods of financial coefficients and the method of technical and economic estimates. Results. I analyzed the financial structure and special characteristics of concession agreements, parameters of concessionaires’ activities; considered the types of risks inherent in bank lending under concession agreements, methods for their identification and mitigation; offered a mechanism of lending, including the structure of credit transactions, restrictions for the financial condition of concessionaires, additional requirements and penalties for their non-fulfillment. The findings can help banks define lending parameters for concession agreements. The provided recommendations may be useful for consideration by the authorities of the constituent entities of the Russian Federation. Conclusions. It is possible to reduce the risks of lending under concession contracts, if their terms and conditions are stable, and if the lost income of concessionaires is compensated in the event of early termination. Reasonable tariffs for works and services and increased revenue collection will promote this type of lending.

Strategic threats to energy security as risks of quality of people's life

2020 ◽  
Vol 16 (4) ◽  
pp. 730-744
Author(s):  
V.I. Loktionov
Keyword(s):  
Quality Of Life ◽  
Energy Security ◽  
Well Being ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
And Performance ◽  
Economic Well Being ◽  
The Way

Subject. The article reviews the way strategic threats to energy security influence the quality of people's life. Objectives. The study unfolds the theory of analyzing strategic threats to energy security by covering the matter of quality of people's life. Methods. To analyze the way strategic threats to energy security spread across cross-sectoral commodity and production chains and influences quality of people's living, I applied the factor analysis and general scientific methods of analysis and synthesis. Results. I suggest interpreting strategic threats to energy security as risks of people's quality of life due to a reduction in the volume of energy supply. I identified mechanisms reflecting how the fuel and energy complex and its development influence the quality of people's life. The article sets out the method to assess such quality-of-life risks arising from strategic threats to energy security. Conclusions and Relevance. In the current geopolitical situation, strategic threats to energy security cause long-standing adverse consequences for the quality of people's life. If strategic threats to energy security are further construed as risk of quality of people's life, this will facilitate the preparation and performance of a more effective governmental policy on energy, which will subsequently raise the economic well-being of people.

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