CONCEPT AND MODELS OF NOTARIAL SYSTEM IN THE LAW OF RUSSIA, FRANCE, SPAIN, AND ENGLAND

2021 ◽  
Vol 11 (3) ◽  
pp. 153-190
Author(s):  
E.V. VERSHININA ◽  
D.V. KONOVALOV ◽  
M.Yu. ZELENTSOVA ◽  
A.O. ODRINSKY
Keyword(s):  
Legal Regulation ◽  
Legal Analysis ◽  
Legal Doctrine ◽  
Legal Concept ◽  
Specific Analysis ◽  
Similarities And Differences ◽  
The Law

This article presents a specific analysis of the legal concept of notarial system and the models thereof in Russia, France, Spain and England. Even though the issues of the concept and models of notarial systems have been repeatedly raised in legal doctrine, the consensus has not been reached yet. The authors of the article carry out a comparative legal analysis of the concept of notarial systems and the models thereof in Russia, France, Spain and England in order to identify the existing similarities and differences in the legal regulation of notarial systems.

CONCEPT AND TYPES OF MEDIATION SET FORTH IN THE LEGISLATION AND EXPOUNDED IN THE LEGAL DOCTRINE IN RUSSIA, FRANCE, SPAIN, AND THE USA

2021 ◽  
Vol 10 (6) ◽  
pp. 137-176
Author(s):  
E.V. VERSHININA ◽  
D.V. KONOVALOV ◽  
V.S. NOVIKOV ◽  
S.V. KHOKHLACHEVA
Keyword(s):  
Legal Analysis ◽  
Legal Doctrine ◽  
Scientific Analysis ◽  
Legal Nature ◽  
Different Types ◽  
The Usa ◽  
Similarities And Differences ◽  
Common Understanding

This article presents a scientific analysis of mediation based on legislation and legal doctrine of Russia, France, Spain, and the USA. This paper also explores different types of mediation. The concept and types of mediation have been researched repeatedly by scholars. However, a common understanding has not yet been achieved. The authors of the article carry out a comparative legal analysis of the concept and types of meditation in Russia, France, Spain, and the USA. The purpose of this article is to determine the legal nature and essential features of institute of mediation through the analysis of its various definitions set forth in the legislation and expounded in the respective legal doctrine in Russia, France, Spain, and the USA; to identify existing similarities and differences between those definitions and to carry out a comparative legal analysis of different types of mediation.

scholarly journals Legal Convergence as a Trend of Global Legal development. Review of the Monograph: Bezborodov Yu.S. “Methods and Forms of Legal Convergence in International Law”. Moscow, Prospect, 2020. 240 p. (in Russian).

2020 ◽  
pp. 145-153
Author(s):  
R. M. Khalafyan
Keyword(s):  
International Law ◽  
Methodological Approach ◽  
Scientific Work ◽  
Legal Regulation ◽  
Current Phase ◽  
Legal Systems ◽  
Legal Analysis ◽  
Legal Doctrine ◽  
Social Phenomena ◽  
Scientific Methods

INTRODUCTION. The review reflects the specifics of the methodological approach, implemented by Yu.S. Bezborodov in the analysis of the current phase of interaction between national legal systems and international law. Reference is made to the creation of a new conception that employs the notion of legal convergence to reveal the mechanism of getting national legal systems affinitive to each other. Attention is drawn to the content of legal convergence, the reasons for its dissemination, the link with international law as well as the correlation of convergence with related categories – globalization, universalization, sovereignty, etc. The author’s views on the interrelation between sovereignty and supranationality, universalization and localization as conditions of functioning of international law, constituting the predominant basis of convergence of national legal systems, are presented. The evaluation is given to the author’s position concerning the methods of legal convergence, in particular international legal integration. The emphasis is given to correlation of the presented forms of legal convergence. It is pointed out that comparative and legal analysis of integration in different regions of the world, including in the post-Soviet space, is important for understanding the current results of legal convergence.MATERIALS AND METHODS. The study is based on the conclusions and approaches formulated in the peer-reviewed monograph as well as the materials of the domestic and international legal doctrine on the subject-matter concerned. In writing the review the author used general and special scientific methods.RESEARCH RESULTS. The convergence of national legal systems and international law is influenced by different processes either inherent to the mechanism of international legal regulation or extraneous to it. They are distinguished by their considerable specificity and varied character. However, they do not impede legal convergence to be realized through various forms and methods.DISCUSSION AND CONCLUSIONS. The review of the scientific work led to the following conclusions: a) the author managed to present his own non-contradictory conception of convergence of national legal systems and demonstrate its connection with a number of current social phenomena; b) the monograph provides convincing arguments for the proposed forms and methods of legal convergence; c) the comparative legal characteristics of the regional international integration organizations are detailed and allows to form quite complete and correct comprehension of them. In addition, the review outlines a number of issues interesting for further discussion.

scholarly journals Terminuotų darbo sutarčių teisinio reguliavimo ypatumai pagal Lietuvos teisę

Teisė ◽  
2008 ◽  
Vol 69 ◽  
pp. 132-137
Author(s):  
Beata Bubilaitytė
Keyword(s):  
Supreme Court ◽  
Legal Regulation ◽  
Labour Law ◽  
Legal Doctrine ◽  
Employment Contracts ◽  
Employment Contract ◽  
Employment Agreement ◽  
The Will ◽  
The Law

The purpose of this paper is to explore and to ana­lyse peculiarities of Lithuanian legal regulation of fixed-term employment agreement. Peculiarities are divided into four groups: peculiarities of concept of fixed-term employment agreement, peculiarities of conclusion, performance and expiry of fixed-term employment agreement. Specific essential conditions for conclusion of a fixed-term employment contract are: the term of an employment contract (if the parties to the contract have used both methods to define the term, one of them must be chosen as a prevailing one) and the circumstance that legal acts must allow to conclude it at all. The performance of a fixed-term employment contract according to Lithuanian labour law is not that specific compared to the performance of other employment contracts. Peculiarities of the expiry of fixed-term employment contract are: firstly, only the will to terminate fixed-term employment contract does end the employment contract at all. Otherwise, the expiry of the term of an employment contract will end only the fixed-term employment contract but not the employment contract itself. Secondly, the law does not make it clear, whether restrictions on the termination of an employment contract must be applicable to fixed-term employment agreements. Lithuanian legal doctrine does believe that they should, but Lithuanian Supreme Court says that they should not.

WAIVER OF SUBJECTIVE RIGHT INSTITUTE: LEGAL NATURE AND ACCEPTANCE CRITERIA IN CRIMINAL PROCEEDINGS

2020 ◽  
pp. 42-47
Author(s):  
I. N. Chebotareva ◽  
◽  
O. S. Pashutina ◽  
I. V. Revina ◽  
◽  
...  
Keyword(s):  
Back Analysis ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Scientific Interest ◽  
Criminal Proceedings ◽  
Legal Doctrine ◽  
Legal Nature ◽  
The Look ◽  
Definition Of ◽  
The Right

The nature of a subjective right causes the possibility of a criminal proceedings participant willingly, based on own interests and wishes, both to exercise the right exactly and waive it and not to use the provided procedural possibilities. Within the criminal proceedings, the waiver of the right institute is new, underdeveloped. There is practically no understanding of its subject matter and the extent of its exercise at the level of doctrine and jurisprudence as opposed to the foreign experience and civil legal regulation, which causes definite scientific interest in this topic. The paper carries out the look-back analysis of the definition of the nature of the waiver of the subjective right in Russian legal doctrine. This institute is relatively new and little researched in the Russian doctrine, which determines a particular scientific interest in the study of this issue. The paper provides the authors’ description of the waiver of the subjective right. In respect to the Russian criminal procedural legislation, the authors highlight the necessity to distinguish between the refusal of a right and the refusal to exercise a right by the participants in the criminal procedural activity; analyze the differentiated approach of the legislator on this issue. Based on the theoretical and legal analysis, the authors define that the waiver of the subjective right has definite essential features, forms, and ways of implementation, as well as specify the criteria for its admissibility. The paper proves the conclusion that the waiver of the right within the criminal process is possible under such conditions, as the direct willingness of a subject of criminal law relations to waive a right; the awareness of the existence of a particular procedural right and the consequences of such refusal; the form of a waiver showing its voluntary nature by implementing the intended freedom of choice. The authors expressed the proposals aimed at the improvement of norms of current criminal procedural legislation.

scholarly journals Human dignity as a fundamental basis and a practical tool of “right to hope” in criminal law

2021 ◽  
pp. 23-30
Author(s):  
Slipachyk Slipachyk
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Legal Regulation ◽  
Scientific Article ◽  
Constitutional Court ◽  
Federal Republic Of Germany ◽  
Legal Analysis ◽  
Legal Doctrine ◽  
Judicial Practice ◽  
The Right

The scientific article focuses on the analysis of a sentence of life imprisonment without a realistic prospect of release in Ukraine as a violation of the “right to hope” in the context of the human dignity category. The study provides an overview of approaches to the definition of human dignity in national legal doctrine and practice, a historical and legal analysis of the origins of legal regulation of the idea of ​​respect for human dignity in international legal acts, and analyses the constitutional stages of the evolution of this concept as a matter of international law. The author has reviewed the jurisprudence of the European Court of Human Rights on this issue and studied the reasons of the Court on setting standards for acceptable treatment of a person through the lenses of human dignity and the inadmissibility of inhuman and degrading offences. Taking into account these standards, a critical assessment has been carried out, in particular, of the judicial practice of the Federal Republic of Germany on the application to a prisoner of such a type of punishment as preventive detention with indefinite duration. Emphasis has been given to the national judicial practice in cases of possible releasing life-sentenced prisoners in the conclusions of the Grand Chamber of the Supreme Court and the decision of the Constitutional Court of Ukraine on this issue. Based on the results of the study, a set of measures, including amending the legislation to bring it in line with the requirements of European human rights standards to protect human dignity and ensure the “right to hope” has been offered.

scholarly journals PREVENTIVE FUNCTION OF LAW IN THE SYSTEM OF INFORMATION RISKS

2021 ◽  
pp. 38-53
Author(s):  
С.М. Воробьев ◽  
С.А. Комаров
Keyword(s):  
Information Systems ◽  
Legal Regulation ◽  
Legal Analysis ◽  
State Information ◽  
The Law ◽  
Legal Technology ◽  
Monitoring Information

Аннотация. В статье проведен теоретико-правовой анализ действия превентивной функции права, с учетом имеющегося роста различных инфор- мационных рисков. Авторы считают, что право нуждается в существенной корректировке ввиду имеющегося дисбаланса в правовом регулировании ин- формационных отношений и предупреждения распространения информацион- ных рисков. Авторы полагают, что обеспечение превентивной функции права должно быть связано с совершенствованием юридической техники и актив- ным внедрением новых государственных информационных систем мониторин- га информационных рисков. При этом настоящая статья отражает субъективную позицию авто- ров по данной проблематике. Аnnotation. The article provides a theoretical and legal analysis of the preventive function of law, taking into account the existing growth of various information risks. The authors believe that the law needs to be significantly adjusted in view of the existing imbalance in the legal regulation of information relations and prevention of the spread of information risks. The authors believe that ensuring the preventive function of law should be associated with the improvement of legal technology and the active introduction of new state information systems for monitoring information risks. At the same time, this article reflects the authors ' subjective position on this issue.

scholarly journals «Homo Dignus», the Legal Status of the Individual and Modern Constitutionalism (Russian, Comparative and International Context)

2021 ◽  
pp. 621-635
Author(s):  
Igor A. Kravets
Keyword(s):  
Human Dignity ◽  
Legal Status ◽  
Legal Regulation ◽  
The State ◽  
Legal Capacity ◽  
Legal Analysis ◽  
Legal Concept ◽  
International Context ◽  
Legal Innovation ◽  
The Individual

The article analyzes homo dignus («a worthy person») as a theoretical, constitutional and legal concept; secular and theological approaches to understanding human dignity, differences between the Roman concept of «dignitas» and the theological concept of «image of God» («imago Dei»); the problem of constitutional-legal and wider legal regulation of human dignity in the domestic and international context is investigated. The author notes that the legal concept of an individual interacts with the legal concept of human dignity and the forms of their interaction are diverse. 1) The dignity of the individual is the legal basis for the structure and elements of the legal status of man and citizen; 2) a person possesses dignity in the case of his full legal capacity, and in the case of limited or lost legal capacity; 3) the dignity is possessed by a person who can have various relations with the state: a stateless person, a citizen, a bipatride or a polypatride, an alien in the territory of the state; 4) the idea of dignity and the idea of equality, combining in the field of law, stimulate the generation of a new paradigmatic thinking in the form of equal dignity. This article substantiates the concept of «constitutionalism of human dignity» from the standpoint of the Russian, comparative and international context. The article uses methods of discursive and comparative legal analysis, the method of constitutional design, specific historical and formal legal methods of analysis. It is concluded that a complex constitutional legal institution of the personhood dignity has been gradually forming in Russia. This institution is a constitutional and legal innovation in the structure of the foundations of the legal status of a person and citizen

scholarly journals Forest and Plant Life: Legal Problems of Distinction

2021 ◽  
pp. 84-104
Author(s):  
E. L. Minina ◽  
◽  
Yu. I. Shupletsova ◽  
Keyword(s):  
Legal Regulation ◽  
General Purpose ◽  
Green Spaces ◽  
Wild Plants ◽  
Legal Analysis ◽  
Dialectical Logic ◽  
Legal Concept ◽  
Legal Norms ◽  
Plant Life ◽  
The Status

Introduction: the article discusses issues related to the legal definition of concepts of forest and other vegetation, green spaces, as well as vegetation and plant life in general. Purpose: to perform a legal analysis of the transformation of approaches to understanding the term ‘forest’ in Soviet and modern Russian legislation. The analysis involves comparison of domestic experience with the experience of legal regulation in foreign countries and also takes into account views of Russian and foreign scientists on the relation between the legal concept of forest and vegetation outside forests. Methods: comparative legal, comparative historical, description and interpretation, theoretical methods of formal and dialectical logic, special scientific methods: formal dogmatic approach and interpretation of legal norms. Conclusions: the authors have studied legal issues concerning the status of green spaces in cities and other settlements, which is currently regulated in Russia at the regional level, in the same way as in some European countries (with the case of Austria used as an illustration in this article). Results: using specific examples, the authors have shown the process of formation of legislation on the use and protection of plant life objects, including cultivated and wild plants. Taking into account the experience of the neighboring countries and also the developments of the constituent entities of the Russian Federation, the authors made some proposals concerning the legal enshrinement of main mandatory provisions that could form the basis for further development of legislation in this sphere.

scholarly journals ISSUES OF CRIME AND PUNISHMENT IN CONSTITUTIONAL ACTS OF ASIAN COUNTRIES

2016 ◽  
Vol 2 (1) ◽  
pp. 0-0
Author(s):  
Юлия Ливадная ◽  
Yuliya Livadnaya
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Asian Countries ◽  
National Regulation ◽  
Crime And Punishment ◽  
Individual Character ◽  
Legal Nature ◽  
The Law ◽  
The Moment

The current article presents a comparative legal analysis of existing constitutions and acts of constitutional meaning of Asian States, which allowed the author to disclose universal and individual approaches of understanding of legal nature and concept of notion of crime and punishment as applied to constitutional legal regulation. Examples of identical statement of the main elements of crime and punishment in the constitutional acts of Asian countries (crime and punishment established by a law; punishment is determined by the court for act, which is an offence by the law at the moment of its commission; nobody can be subject to sentence more than is provided by the law at the moment of the crime; punishment has individual character) and the original national regulation of protection of separate public relations from criminal infringements (inviolability of state authority, public order and security, individuals’ rights and freedoms, right of ownership, historical and cultural heritage) are provided. The author made a conclusion that universal and individual approaches of understanding of legal nature and content of notion of crime and punishment are not strongly differentiable in constitutions of Asian countries. They are closely bound and are in constant cooperation. This is particularly evident when questions connected to deprivation of passive and (or) active electoral right as well as dismissal of heads of states and disqualification of officials of public authorities.

Review of information asymmetry in banking in the Russian Federation

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Imeda A. Tsindeliani ◽  
Irina E. Mikheeva
Keyword(s):  
Information Asymmetry ◽  
Russian Federation ◽  
Financial Services ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Legal Concept ◽  
Content Type ◽  
The Russian Federation ◽  
The Right ◽  
Legislative Activities

Purpose The purpose of this study is to identify the prospects and main directions for improving Russian legislation on the protection of the rights of consumers of financial services taking into account the specifics of information asymmetry in banking. Design/methodology/approach Using the method of economic and legal analysis, the essence of information asymmetry in banking in the Russian Federation was considered. Taking into account international experience, the analysis of the legislation of the Russian Federation in the existing regulatory and legal field is carried out. A forecast of probable changes in the field of legal regulation of information asymmetry issues in banking was also carried out. Findings This paper deals with cases when information asymmetry can be recognized as unfair behavior. The main features of information asymmetry in banking on the part of credit institutions in terms of banks’ failure to provide information on the content of banking services on the right to refuse additional services have been studied. Originality/value This study suggests that the current Russian legislation does not provide the necessary protection for consumers of financial services from information asymmetry. Based on a comprehensive analysis of legislation and judicial practice, the information asymmetry in this paper is delimited as an economic and legal concept; the prerequisites and main forms of information asymmetry in banking are determined. The main provisions and conclusions of this study can be used in legislative activities when developing provisions on the protection of the rights of financial services consumers.

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