PRINCIPLES OF LAW AS A BASIS FOR INTERSECTORAL COOPERATION

2021 ◽  
Vol 11 (3) ◽  
pp. 50-69
Author(s):  
M.Yu. LEBEDEV
Keyword(s):  
Family Law ◽  
Legal Regulation ◽  
Main Mechanism ◽  
Administrative Process ◽  
Legal Principles ◽  
Intersectoral Cooperation ◽  
Procedural Law ◽  
Free Treatment ◽  
Russian Law ◽  
Almost All

In the presented article the problems of interaction between the various branches of Russian law on the basis of legal principles are considered. The author, examining such concepts as “interaction” and “interrelation” states the fact that the issue of interaction of branches of law is considered by almost all researchers only from the position of listing those branches with which their branch of law interacts. At the same time, the construction of branch norms without taking into account the principles of the branch, where and the branch, from which the legal institute is implemented, leads to conflicts. Separate attention in the work is paid to the views of V.A. Riazanovskii and other scholars on the concept of “unity of process” in the context of interaction between the principles of various branches of law. The author examines the interaction of such branches of law as civil procedural law with civil, family law, arbitration and administrative process. The article draws attention to the cases of free treatment of the legislator with the category of “principles of law”, which, in the author’s opinion, leads to significant distortions of the entire branch of law, where principles not inherent in this branch are wrongly implanted. Studying institutes of law as the main mechanism of inter-branch interaction, the author comes to the conclusion about the need for legal regulation of interaction precisely through the principles of a branch of law.

scholarly journals REVIEW OF THE TEXTBOOK M. I. SMOKOVYCH, V. M. BEVZENKO «ADMINISTRATIVE PROCESS OF UKRAINE: THEORY, PRACTICE»

2021 ◽  
pp. 145-148
Author(s):  
O. I. Mykolenko
Keyword(s):  
Legal Regulation ◽  
Administrative Law ◽  
Administrative Process ◽  
Legal Proceedings ◽  
Administrative Procedure ◽  
Procedural Law ◽  
Administrative Proceedings ◽  
Functional Purpose

Administrative process is a legal phenomenon that causes discussion and controversy among representatives of administrative law and the process both in terms of determining its content, form and functional purpose in the system of legal proceedings, and in terms of subjects, principles and substantive jurisdiction. Thus, the ideas of Ukrainian scholars about the administrative process are not always related exclusively to the understanding and legal regulation of administrative proceedings, and therefore textbooks and manuals on the disciplines "Administrative Procedure" and "Administrative Procedural Law" differ significantly in content.

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.

scholarly journals The Constitutional Court in the System of Public Authorities: A Doctrinal Approach

2021 ◽  
Vol 39 (69) ◽  
pp. 326-334
Author(s):  
Elena V. Vinogradova ◽  
Ekaterina S. Ganicheva ◽  
Kasa Ilda ◽  
Badma V. Sangadzhiev ◽  
Natella A. Sinyaeva
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Public Authorities ◽  
Legal Concept ◽  
Constitutional Review ◽  
Legal Principles ◽  
Procedural Law ◽  
Evaluation Of Evidence

The article examines the place and role of the Constitutional Court in the system of public powers in the doctrinal understanding of the concept of human rights and constitutionalism. The Constitution of the Russian Federation establishes the basic constitutional and legal principles that are fundamental to substantive and procedural law. Judicial constitutional review, as the experience of European countries shows, is the most effective in protecting the Constitution. The principles of law applied to the doctrinal assessment of the place and role of the Constitutional Court in the system of public powers constitute a rather dynamic legal concept. The methodology is based on the legal system, public relations, and the political-state course, which, like all fundamental ideas, change, affect legal awareness and establish new requirements for legal regulation and the formation of an appropriate mechanism. The article concludes that the most important condition for the implementation of the prerogatives of the judiciary to administer justice in the consideration and resolution of specific cases, with emphasis on the study and evaluation of evidence. It is the evidence that serves as the basis of information for the court's findings in the case.

scholarly journals Category of time limit in administrative procedural law

2021 ◽  
Vol 25 (4) ◽  
pp. 791-813
Author(s):  
Elena V. Beliakovich
Keyword(s):  
Legal Regulation ◽  
Time Limit ◽  
Administrative Authority ◽  
Administrative Process ◽  
Time Limits ◽  
Procedural Law ◽  
Separate Branch ◽  
Procedural Time ◽  
Temporal Side ◽  
The Impact

Administrative procedural law is full of numerous and varied procedural time limits which, as time-related categories, define the temporal boundaries of the administrative process and can act as an effective regulator of administrative procedural legal relations. The article examines the concept of time limit in administrative procedural law from the standpoint of integrativeness. It notes that the studied issue was not thoroughly elaborated in science, which appears to result from the young age of administrative procedural law as a separate branch. The research identifies substantial characteristics of the administrative procedural time limit. It reveals the temporal content of time limit in administrative procedural law. A conclusion is reached that the administrative procedural time limit results from the impact of temporal categories on the administrative procedural legal regulation when administrative cases are settled by a public administrative authority and a court. The administrative procedural time limit is recognised as a tool used for temporalizing the administrative process and aimed at ensuring the dynamism of administrative procedural activities through duration, speed, rhythm and cyclicity. The article identified the trend towards the legislative refinement of the administrative procedural time limits. In an integrative sense, the attributes inherent to the administrative procedural time limit reveal the versatility and rich inner content of the concept of time limit in administrative procedural law, which results from the legal synthesis of temporality and authoritative procedural activities of public administrative authorities and courts in settling administrative cases. The article proposed the definitions for the category of time limit in administrative procedural law both in a narrow and broad sense, as well as with an emphasis on the temporal side of the examined category.

scholarly journals Modern Approaches to Understanding the Administrative Process as a Result and the Basis for the Development of Domestic Administrative Procedural Legislation

2021 ◽  
Vol 18 (3) ◽  
pp. 261-276
Author(s):  
A. I. Kaplunov
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Methodological Approach ◽  
Legal Regulation ◽  
Legal Process ◽  
Administrative Process ◽  
Civil Process ◽  
Procedural Law ◽  
Administrative Proceedings ◽  
Judicial Protection

The article provides an overview and analysis of modern approaches to understanding the administrative process as a sectoral type of legal process that have developed in domestic theory, taking into account the changes that have occurred in the procedural legislation of the Russian Federation over the past three decades after the collapse of the USSR in 1991. The process is classified as follows: complex on a jurisdictional basis; integrative; complex on the basis of managerial, judicial. Particular attention is paid to the critical analysis of the judicial approach to understanding the administrative process, the reasons for the disagreements of its supporters, firstly, with representatives of the science of civil procedural law regarding the determination of the procedural nature of administrative proceedings, and, secondly, with specialists in administrative law regarding the denial of the presence of administrative-procedural forms of activity of subjects of public administration and attempts thereby to disavow the domestic doctrine of the administrative process. The methodology for studying the nature of procedural activity is based on the analysis of the sectoral subject of legal regulation and three types of a unified method of substantive regulation (civil, administrative and criminal), the implementation channels of which are varieties of legal process in the form of civil, administrative and criminal process which are based on an adversarial or investigative type of jurisdictional process, or a law-granting type of legal process. This methodological approach made it possible: 1) to establish the sectoral procedural nature of administrative proceedings, which is determined not by the subject of a “dispute about law”, but by the method of legal regulation, represented by the civil law type of regulation of public relations, the implementation channel of which is an adversarial type of jurisdictional legal process, which is its nature as a civil process; 2) to identify the shortcomings of the model of administrative proceedings enshrined in Russian legislation, the essence of which is that an adversarial type of jurisdictional process intended for judicial protection of a person who has suffered from the actions of an official and, acting as a plaintiff in the case, is applied to persons who have violated the established prohibitions and restrictions, or committed administrative offenses and acting in the case as a defendant; 3) to substantiate the presence in the structure of the administrative process of procedural forms of activity of subjects of public administration as a channel for the implementation of the administrative-legal type of regulation of public relations and determine the list of administrative proceedings.

ALIMONY OBLIGATIONS OF PARENTS FOR THE MAINTENANCE OF MINOR CHILDREN AND RESPONSIBILITY FOR THEIR VIOLATION

2020 ◽  
Vol 10 (5) ◽  
pp. 141-146
Author(s):  
LARISA KUDRYAVTSEVA ◽  
Keyword(s):  
Family Law ◽  
Positive Impact ◽  
Good Reason ◽  
Scientific Work ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Minor Children ◽  
Legislative Changes

The article analyzes various aspects of the institution of alimony obligations between parents and their children, and also establishes some sanctions against law-abiding parents who do not comply with family law. The purpose of the study is to study the features of the legal responsibility of parents who avoid paying alimony in favor of their children for no good reason. The scientific work indicates some of the most important legislative changes in the field of alimony legal relations, which had a positive impact on the legal regulation of this area of family law. The study also suggested some of its own changes to the current legislation.

scholarly journals Innovations and Analogies in the Legal Regulation of Withdrawal from a Limited Liability Company under Current Russian Law

Laws ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 21
Author(s):  
Viktor A. Mikryukov
Keyword(s):  
Law Enforcement ◽  
Limited Liability ◽  
Fair Value ◽  
Legal Regulation ◽  
Business Climate ◽  
Positive Role ◽  
Freedom Of Contract ◽  
Study Find ◽  
Russian Law

The purpose of the study is to highlight the most significant legal gaps in the mechanism under study, find doctrinally relevant ways to overcome them casually in law enforcement, and propose options for generally filling the gaps in rulemaking. It is equally important to test the effectiveness of the analogy as a means to combat legal gaps. The methodological framework was formed by general (analysis, synthesis, abstraction, and concretization) and specific (comparative, formal, and technical legal) scientific research methods. The positive role of analogy as a method of combating legal uncertainty and the formation of legislative innovations was confirmed. The conclusion was made about the absence of a formal need for additional legislative authorization for Limited Liability Companies’ members to create a conditional or individualized withdrawal procedure. Backed by the legal analogy, the necessity to extend the freedom-of-contract doctrine in determining the fair value of a withdrawing shareholder’s share was argued. The achievements provided the basis for specific practical proposals to enhance existing Russian legislation and harmonize corporate relationships, which should improve Russia’s business climate.

scholarly journals The Evolution of Liability Measures Applied in Bankruptcy to Creditors’ Property Rights Violators in Russia

2021 ◽  
Vol 16 (5) ◽  
pp. 84-97
Author(s):  
A. V. Arbekova
Keyword(s):  
Comparative Analysis ◽  
Comparative Method ◽  
Legal Regulation ◽  
Assessment Method ◽  
Critical Assessment ◽  
Bad Faith ◽  
Principle Of Justice ◽  
Historical Retrospect ◽  
Russian Law ◽  
Term Objective

One of the tasks the modern law in the field of insolvency of legal entities pursues is to ensure the maximum balance of the rules governing the measures of liability applied to managers, participants and other entities controlling the debtor. In this regard, the author applies historical and comparative method of studying the measures of responsibility applied during the development of domestic legal regulation of insolvency and the critical assessment method that forms the basis for the analysis of the current Russian legislation. The paper carries out a retrospective analysis of the form and degree of fault as an element of the offense that traditionally acted as one of the criteria for choosing the type of insolvency, as well as for imposing the measures of responsibility. A comparative analysis of the norms of the Russian bankrupt legislation in historical retrospect allowed raising problematic issues of the current legislation and making proposals aimed at their resolution. Currently, the rules of the current domestic insolvency legislation provide an equal amount of responsibility for both bad faith (intentional) and unreasonable (careless) actions of entities controlling the debtor. The normative consolidation of measures of responsibility dependent on the form of fault, namely, the separate qualification of intentional and careless offenses, will secure coherent application of the principle of justice. Modern Russian law contains the concepts of “insolvency” and “bankruptcy”, which in some cases creates legal uncertainty. Therefore, it is proposed to delineate these concepts by law, eliminate the term “objective bankruptcy” from the application, and shift its semantic burden to the concept of “insolvency”. Thereby, a separate category of insolvency will be included in the current legislation.

scholarly journals Features of the implementation of a public offer agreement in e-commerce in Ukrainian, Polish and Russian law

2020 ◽  
Vol 5 (5) ◽  
pp. 133-138
Author(s):  
Oleksandr Kosychenko ◽  
Illia Klinytskyi
Keyword(s):  
Legal Regulation ◽  
Electronic Format ◽  
Optimal Solutions ◽  
Provision Of Services ◽  
The Subject ◽  
The Russian Federation ◽  
Russian Law ◽  
The Republic ◽  
Public Offering ◽  
Public Offer

Given the specifics of the provision of services and sales of goods on the Internet, the contract of public offer is the most common and close to the electronic format of the agreement. However, in Ukraine, the Russian Federation and the Republic of Poland, as in other countries, the use of this type of legal instruments has a number of problems related to the legal regulation and the procedure for concluding an agreement. This paper examines the main aspects of the legal implementation of public offer agreements in the above countries. Thus, the subject of the study is the contract of public offering as a legal phenomenon. The purpose of the work is to determine the main problems of concluding a public offer contract in electronic mode, and to find optimal solutions in the context of the stated issues, based on the legislation and practice of selected countries

scholarly journals IDENTIFICATION DATA MANAGEMENT: LEGAL REGULATION AND CLASSIFICATION

10.23856/4325 ◽  
2021 ◽  
Vol 43 (6) ◽  
pp. 198-203
Author(s):  
Oleksii Kostenko
Keyword(s):  
Information And Communication Technologies ◽  
Social Relations ◽  
Driving Forces ◽  
Personal Data ◽  
Legal Regulation ◽  
The Internet ◽  
Personal Data Protection ◽  
Protection Information ◽  
Use Of The Internet ◽  
Almost All

The scale, speed and multi-vector development of science and technology are extremely effective in influencing legal, economic, political, spiritual, professional and other social relations. The development of information and communication technologies, the use of the Internet, the creation, storage, transmission, processing and management of information became the driving forces of the new scientific and technological revolution. This facilitates the introduction of technologies for the transmission and use of information in digital form in almost all spheres of public life, namely text data, photo, audio, video images, which are transmitted in various ways via the Internet and other systems and means of communication. One of the key elements of data transmission technologies and systems is the availability of information by which it is possible to identify their subjects and objects by their inherent identification attributes. In Ukrainian legislation, in particular in the Law of Ukraine «On Personal Data Protection», information or a set of information about an individual who is or can be identified specifically is defined as personal data. However, despite its modernity, this law still contains a number of shortcomings and uncertainties, both in terminology and in the legal mechanisms for working with data by which a person can be identified, i.e. identification data.

Sign in / Sign up

Export Citation Format

Share Document