IMPLEMENTATION OF THE CONCEPT OF UNITY OF CIVIL PROCEDURE IN THE MODERN LEGISLATION

2021 ◽  
Vol 11 (1) ◽  
pp. 30-43
Author(s):  
M.A. FOKINA
Keyword(s):  
Comparative Analysis ◽  
Burden Of Proof ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Point Of View ◽  
Methodological Basis ◽  
The Moment ◽  
Administrative Proceedings ◽  
Constituent Elements ◽  
Legal Force

The article provides a comparative analysis of the legal regulation of proof and evidence in civil and arbitration proceedings, administrative proceedings. From the point of view of the unity and differentiation of the civil procedural form, the problems of legal regulation of proof and evidence in three procedural regulations are considered. The author considers the concept of judicial law as a methodological basis for unification in the legal regulation of proof and evidence. Judicial law is considered as a possible basis for the unity of civil procedure, its main concepts are highlighted: the unity of the goals of civil procedure; the unity of the principles of civil procedure; systemic interconnection of its constituent elements. As a result of the study, the author came to the conclusion that there are unjustified discrepancies in the legal regulation of proof and evidence. The author deduces this conclusion from the analysis of the mechanism of proof, enshrined in three procedural rules, the study of the rules for the distribution of the burden of proof, the admissibility of evidence and the exclusion of evidence. Proposals have been made to improve the legal regulation of proof and evidence, aimed at eliminating unjustified discrepancies. Also, the study raises questions about determining the moment from which the evidence presented by the person participating in the case may lose legal force.

THE NOTION OF THE SYSTEM OF CIVIL PROCEDURAL LAW

2021 ◽  
Vol 11 (4) ◽  
pp. 13-26
Author(s):  
V.M. SHERSTYUK
Keyword(s):  
Internal Structure ◽  
Legal Regulation ◽  
Point Of View ◽  
Entire System ◽  
Procedural Law ◽  
The Subject ◽  
Definition Of ◽  
Constituent Elements

The study puts forward the thesis that the basis for the allocation of structural subdivisions of civil procedural law is mainly the subject of legal regulation. The complex internal structure of the system of this branch of law is due primarily to the diversity of civil procedural relations that constitute the subject of regulation of this branch of law. The work reveals the essential features of the concept of “system of civil procedural law”, defines the grounds for its structural subdivisions and their composition, gives the definition of this category. In particular, the author has formulated the idea that the system of civil procedural law is an internally coordinated set of civil procedural rules, institutions and other relatively independent structural subdivisions of this branch of law, naturally interconnected into a single whole due to the unity of civil procedural relations. Also in this study the point of view is expressed that each level of the system, as well as the entire system of civil procedural law as a whole, is characterized not only by typical features of its constituent elements, but also by their typical, regular relationships that constitute its structure.

SECURING EVIDENCE IN CIVIL PROCEDURE: DEVELOPMENT OF THEORY, LEGISLATIVE AND PRACTICE

2021 ◽  
Vol 11 (5) ◽  
pp. 159-190
Author(s):  
E.I. NOSYREVA ◽  
D.G. FILCHENKO
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Point Of View ◽  
Theoretical Concepts ◽  
Civil Process ◽  
Procedure Code ◽  
Arbitration Procedure ◽  
The Russian Federation ◽  
Assessment Of Evidence

The article presents an analysis of the institution of securing evidence in the civil process from the point of view of the development of its legal regulation, doctrine and practice. The teaching of professor M.K. Treushnikov on the evidence is taken as a basis. Through the prism of his ideas, theoretical concepts of securing evidence are revealed, from prerevolutionary works to modern research; the sequence of the formation of norms on the securing evidence on the example of procedural codes of various periods; trends in the law practice of securing evidence. The correlation of the securing evidence with the elements of the judicial proof is revealed. It is substantiated that the securing evidence includes such elements of the structure of judicial proof as: indication of facts, indication of evidence and preliminary assessment. The end result of the procedural action to secure evidence is the possibility of implementing all subsequent elements – presentation, disclosure, investigation and final assessment of evidence. Conclusions are formulated on the results of the development of the institution of securing evidence, which from rather brief and obvious provisions of procedural legislation, a few practice has turned into an actual procedural activity. Its demand is predicted to grow in the context of digitalization of information, as well as due to the possibility of using it in the framework of arbitration. At the same time, an increase in the number of cases of unfounded appeal of interested parties to actions to secure evidence is noted. The authors support a critical assessment of the rule of the Arbitration Procedure Code of the Russian Federation that the securing evidence is carried out by the arbitration court according to the rules for securing a claim, and a proposal for a unified regulation of this institution in accordance with the rules of the Civil Procedure Code of the Russian Federation.

scholarly journals ROBOTIC THEATRE: COMPARATIVE ANALYSIS OF HUMAN AND MECHANIZED ACTIVITIES IN THE CREATIVE PROCESS

2021 ◽  
Vol 14 (2) ◽  
pp. 295-306
Author(s):  
Tetiana Sovhyra
Keyword(s):  
Artificial Intelligence ◽  
Comparative Analysis ◽  
Creative Process ◽  
Human Interaction ◽  
Threat Perception ◽  
Uncanny Valley ◽  
Methodological Basis ◽  
Artificial Intelligence Technology ◽  
The Moment ◽  
Methods Analytical

The article systematizes and analyzes the existing experience of organizing the creative process in a robotic theater. The author explores the robotic theater phenomenon, the artificial intelligence technology possibilities to function in the stage space. The article provides a comparative analysis of human and mechanized interaction in the stage space. The methodological basis of the research is a combination of several methods: analytical – for accounting for historical and fictional literature; theoretical and conceptual method – for analyzing the conceptual and terminological system of research and identifying the specifics of introducing the artificial intelligence technology in creative process; comparative-typological – to compare the peculiarities of the functioning of mechanized “actors” with the acting skills of human performers. The article explores the threat perception and uncanny valley concepts to study the perception of a robot–actor by an audience. The author examines the process of human interaction with a robotic body: from the moment of interest, interaction to the moment of rejection of the robot by a person (audience).

scholarly journals Mediation in administrative proceedings: problems of theory and practice.

2021 ◽  
Vol 3 (3) ◽  
pp. 186-190
Author(s):  
Iryna Verba
Keyword(s):  
Dispute Resolution ◽  
Legal System ◽  
Alternative Dispute Resolution ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Administrative Process ◽  
Legislative Framework ◽  
The Moment ◽  
Administrative Proceedings ◽  
Judicial Method

The article studies the the introduction of mediation in administrative proceedings. Implementation of other alternative ways of resolution of legal disputes, for example, such as mediation, can be an option to improvement of justice access and to reduction of court overloading. The sphere of administrative disputes is the most difficult for implementation of mediation procedure. Mediation is not able to displace and replace the judicial resolution of administrative disputes using the classic adversarial procedure. It is proposed to recognize adjudication mediation as the optimal procedure in resolving administrative disputes. Proposals and recommendations concerning creation of the legislative framework for the application of mediation as the alternative dispute resolution in administrative proceedings in Ukraine are formulated. That is why resolving the issue of relieving the judiciary is relevant for the use of mediation as an alternative way of resolving disputes or conflicts. Insufficient use of mediation as a way to resolve legal conflicts, including administrative ones, is low awareness of the advantages of this method of resolving legal conflicts and its advantages over the traditional judicial method of resolving legal disputes, insufficient legal regulation of mediation in Ukrainian legislation, lack of sufficient professional mediators who could provide quality mediation services, conservatism of both lawyers and participants in the administrative process at the moment of development of the legal system in Ukraine.

Concept and Essence of Conflict as a Social Phenomena

2020 ◽  
pp. 26-33
Author(s):  
D. M. Shakirova
Keyword(s):  
Social Relations ◽  
Point Of View ◽  
Social Phenomenon ◽  
Social Phenomena ◽  
Methodological Basis ◽  
The Third ◽  
Social Tensions ◽  
Structural Imbalance ◽  
The Individual ◽  
Constituent Elements

The article considers the conflict from the point of view of a social phenomenon, as a result of which the main approaches to the study of this category were identified. According to one of them, the conflict is based on the opposition of certain interests, goals, aspirations of the individual. The second approach puts into conflict a contradiction, in connection with which it is the result of its aggravation and actualization. In the third approach, conflict is a type of structural imbalance and is characterized by the impossibility of a system or social relations remaining in the same form. Another approach at the heart of the conflict addresses social tensions of dual significance. The structure of the conflict itself (the object, the subjects of the conflict, etc.), as well as the content of its constituent elements, are studied in detail. Dismantled and disclosed the environment in which the conflict takes place. In general, the article is of an overview nature and can be useful as a theoretical and methodological basis for the study of conflict in various organizations, institutions, etc.

scholarly journals Land law principles in the post-soviet states

2021 ◽  
Vol 20 (2) ◽  
Author(s):  
Alexey A. Demichev ◽  
Vera A. Iliukhina ◽  
Elena V. Safronova
Keyword(s):  
Comparative Analysis ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Land Law ◽  
Methodological Basis ◽  
Legal Method ◽  
Land Relations ◽  
Minimum Number ◽  
Interpretation Method ◽  
Exhaustive List

The purpose of the article is to conduct a comparative analysis of the legal technique of enshrining the principle of land law in a number of post-Soviet states. The study sources are the Constitutions and Land Codes of the post-Soviet states enshrining the land law principles. The methodological basis of the study consists of the formal-legal analysis (interpretation method) of normative legal acts and the comparative-legal method. The authors consider the land law principles as the initial, basic normatively fixed ideas underlying the legal regulation of land relations. In Armenia, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, Uzbekistan, and Ukraine, the primary land law principles are enshrined in Constitutions and Land Codes. The minimum number of land law principles enshrined in the Land Codes of post-Soviet states ranges from five to twelve. Simultaneously, in the legislation of any state, there is no exhaustive list of land law principles.

scholarly journals Problems of legal regulation of the advertising billboards installation on the road easement areas

2019 ◽  
pp. 42-46
Author(s):  
V. V. Vladimirov ◽  
D. V. Vasilyev
Keyword(s):  
Comparative Analysis ◽  
Legal Regulation ◽  
The State ◽  
Point Of View ◽  
The Road ◽  
Right Of Way ◽  
Legal Problems ◽  
State Regulator ◽  
On The Road ◽  
The Right

The article is devoted to a comparative analysis of the legal problems of placing advertising structures in the right of way from the point of view of the state regulator. The conclusion is substantiated that the order of the Federal Road Agency dated October 24, 2016 No. 2192-r regarding the requirement to conclude an easement agreement for the installation of an advertising structure violates the current legislation of Russia on advertising. The position of the antimonopoly authorities on the issues of monitoring compliance with the legislation regarding the placement of advertising structures in the right of way of the road is formulated.

Transformation of Fundamental Origins of Civil Procedure Law in Terms of Digitization of Justice in Civil Cases

2020 ◽  
Vol 10 ◽  
pp. 42-45
Author(s):  
Yulia A. Lukonina ◽  
Keyword(s):  
Technical Progress ◽  
Judicial Independence ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Point Of View ◽  
Judicial System ◽  
Civil Process ◽  
Procedural Law ◽  
Civil Proceedings ◽  
The Subject

The article reveals the main trends in the modernization of the civil procedural law principles in the context of the civil process digitalization. From the point of view of introducing the latest digital innovations into the civil process, the guidelines of the branch of the law are analyzed, the conclusions are drawn about the transformation of the legal regulation key areas. It is raised the problem of the procedural and legal collisions between the introduction of technical progress tools into the judicial system, its reflection in the regulatory framework of the state and the application in the legal work of judicial structures and practicing procedural specialists. Taking as a basis the differentiation of the civil procedural law principles by the subject of regulation, the author examines various legal configurations that have appeared in the judicial system as a result of the digitalization of procedural relations of participants in civil proceedings, starting depending on the degree of impact of digitalization. The article highlights the main aspects of the implementation of the principle of the publicity of proceedings, the corresponding principles of openness, publicity, accessibility, transparency and judicial transparency, between which a parallel is drawn. In terms of digitalization the author touches upon the principles of the judicial independence, competition, equality of parties and discretion, thereby coming to the conclusion about digital modernization of the main provisions and ideas that express the essence of civil procedural law, while maintaining the traditional positions characteristic of the Russian judicial system.

scholarly journals Legal aspects of activity and development of personal peasant farms in Ukraine: problems and prospects of development

2020 ◽  
pp. 53-58
Author(s):  
M.Yu. Pokalchuk ◽  
V.S. Suslova
Keyword(s):  
Maximum Size ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Point Of View ◽  
Theoretical Point ◽  
Legal Form ◽  
The Moment ◽  
Definition Of ◽  
The Right ◽  
Peasant Economy

The article is devoted to the analysis of legal aspects and basic principles of activity of personal peasant economy in Ukraine. The efficiency of creating such a form of management is also analyzed and attention is paid to the shortcomings in its legal regulation. Based on the legislative definition of personal economic, the article formulated proposals for the legal regulation of their activities. Peculiarities of the right to use land plots as a basis for personal farming are given. The maximum allowable area of land used by personal farms has been identified. Emphasis is placed on cases of increasing this size from a practical and theoretical point of view. The purpose of this article is to analyze the activities of personal farming. Analyze aspects of land lease, eliminate shortcomings in legislation and make proposals to address issues. The authors concluded why the owners of private farms violate the law and illegally exceed the maximum size of land for farms of this organizational and legal form. Given that members of the personal peasant economy abuse the advantages provided by the state to carry out such activities, attention is paid to the moment of transition of the personal peasant economy to the farm. Aspects of taxation of the personality of peasant farms are analyzed and the possibility of reduction to privileged categories at transformation in a farm is offered. The legal aspects of renting private farms are also studied. Based on the analysis of indicators of lease of farms of this organizational and legal form, we provide proposals for the regulation of regulations on issues related to aspects of the activities and development of personal farms and the institution of lease.

ON COGNITION AND PROVING IN CASES OF NON-CONTENTIOUS JURISDICTION

2021 ◽  
Vol 11 (5) ◽  
pp. 307-348
Author(s):  
V.V. ARGUNOV
Keyword(s):  
General Theory ◽  
Civil Law ◽  
Burden Of Proof ◽  
Original System ◽  
Legal Regulation ◽  
Standard Of Proof ◽  
Advantages And Disadvantages ◽  
Current State ◽  
National Tradition ◽  
Administrative Proceedings

The article analyzes the general theory of judicial knowledge and proof, its capabilities and implementation in the consideration and resolution of cases of special proceedings in civil, arbitration, administrative proceedings. The approaches to cognitive and evidentiary activities in controversial (claim) and indisputable (special) proceedings are compared. The author considers the original system of collecting, presenting and evaluating evidences, created in the field of voluntary jurisdiction in the countries of civil law, its advantages and disadvantages in comparison with the national tradition of the unity of legal regulation of judicial knowledge and proof. An overview of the current state of the doctrine and practice of proving in special proceedings is given, an opinion is expressed about the need to refine the general provisions on proving in special proceedings. The prospects for the normative establishment of the limits of judicial research in terms of the volume of facts and the depth of their knowledge are outlined. It is stated that in cases of special proceedings, the “standard of proof” has always been higher in comparison with cases of claim proceedings. A number of new rules for establishing the circumstances of cases and proving are proposed: the priority of direct personal perception of the judge in the cognition of facts that are important for the case before proving them; freedom of means of evidence – the ability to use information about the circumstances of the case without restrictions on its sources (means of proof); freedom in choosing the rules for extracting information from a source (means of proof); different regulation of the burden of confirmation and the burden of proof.

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