scholarly journals Professionalism as a feature of business activity

2021 ◽  
Vol 7 (Extra-A) ◽  
pp. 444-448
Author(s):  
Lyubov F. Netishinskaya ◽  
Olga A. Kovtun ◽  
Natalia D. Tereschenko

The article deals with the issues of special legal regulation of civil legal relations, the participants of which are entrepreneurs-professional participants of property turnover. The article analyzes the legislative provisions that provide for special rules on stricter civil liability of entrepreneurs and maximum freedom in forming and changing the conditions in a contractual obligation to which entrepreneurs are a party or participants. At the same time, it is concluded that the special rules for entrepreneurs established by the legislator are justified.

2021 ◽  
Vol 7 (Extra-D) ◽  
pp. 22-27
Author(s):  
Sergej N. Bezugly ◽  
Galia G. Mikhaleva ◽  
Irina V. Savelieva ◽  
Oksana S. Shumilina ◽  
Natalia Yu. Zhilina

The article includes consideration of the norms on land damage under the criminal legislation of the CIS countries, analysis of approaches to the legal regulation of land protection in criminal legislation. It is determined that not all criminal laws have the special rules protecting the land only. We analyzed the signs of land damage, revealed the specifics of objective signs of land damage, as well as analyzed the advantages and disadvantages of legal regulation in comparison. It is concluded that relations on the protection and rational use of land, ensuring environmental safety are very important for the uninterrupted provision of the population with a sufficient number of safe and affordable products in the future.


Author(s):  
Maryna Venetska

The article is devoted to the issues of legal regulation and law enforcement practice of determining the terms of performance and termination of contractual obligations, in particular, given the ambiguity of interpretation in practice of terms of termination of contract and terms of termination of obligations, including security. The urgency of the problem lies in the ambiguity of the interpretation in practice of the terms of termination of the contract and the terms of termination of obligations, which, as can be seen, is a consequence of the insufficiently successful legal regulation of this issue by law. The issue of extension of the obligation after the expiration of the contract is analyzed from the standpoint that the contract and the obligation are not identical concepts. Contracts are the basis for the occurrence and form of existence of obligations, which simultaneously constitute the content of the contract, but the civil obligation is not covered only by the concept of contract. Discussion issues of certainty of the period (moment) of execution are considered, as the civil turnover is aware of the obligations with a definite and indefinite term (term) of execution, terms of fulfillment of obligations with regular payments. The problematic issues of determining the terms of fulfillment of security obligations, in particular, guarantees, are also analyzed. The practice of application by courts of the provisions of the legislation on the terms of fulfillment of contractual obligations has been analyzed and a number of proposals have been made to improve the current civil legislation.


2020 ◽  
Vol 10 (4) ◽  
pp. 168-183
Author(s):  
Artem Bredikhin

The development of sports law is directly related to the nature of sports, whose legal relations must have uniformity and stability, achieved through regulation by special rules created by international and national sports organizations – lex sportiva. This paper is devoted to lex sportiva as one of the most important tools for regulating cross-border relations in the field of sports. The author examines the origin and legal nature of lex sportiva as well as its impact on national legislation in the field of sports. Moreover, the author elaborates on possible meanings of this notion: lex sportiva as a set of rules of self-regulation, as a set of decisions of the Court of Arbitration for Sport, as a legal principle, as a phenomenon of implementation, and as a criterion for determining the amount of compensation. The author discusses the use of lex sportiva by the Court of Arbitration for Sport in the context of dispute resolution, since this court has formed an extensive judicial practice throughout its existence, which, together with the rules of national and international sports organizations, forms an important part of lex sportiva. In this regard, the author draws parallels with the related source of cross-border law – lex mercatoria, and also considers situations in which there are conflicts between lex sportiva and the norms of international law and rules of national legislation. In the field of sports, such legal conflicts are resolved by the principle of lex specialis derogat legi generali, according to which the rules of lex sportiva prevail over national law, providing a principle for the autonomy of sports. The first mention of the recognition of this principle is contained in the sources of law of the European Union. Finally, the author comes to the conclusion that the generally recognized two-dimensional understanding of lex sportiva as a doctrine and as a set of norms of self-regulation in sports is outdated, since it does not fully reveal the essence of the legal phenomenon, since it does not reflect all its properties which are manifested in the situations of legal regulation of relationships in the sports field. The exclusive role of lex sportiva is predicted to resolve international legal and organizational conflicts in the field of sports caused by the COVID-19 pandemic.


Author(s):  
Olena MARTSENIUK

The research of the article is aimed at highlighting the essence and features of the functioning of the car insurance market in Ukraine. The study found that motor insurance is associated with profound economic and social changes in society due to mass motorization, the growth of the car fleet and traffic intensity, as well as huge material losses as a result of road accidents. It should be noted that freight transport is developing quite rapidly both within the country and abroad. At the same time, an increase in the number of intercity bus transportation, excursion and tourist bus services has been established, and as a result, international motor tourism is growing. It is proved that these factors contribute to the growth of accidents, losses in the transportation of goods, increase accidents with passengers and pedestrians on highways and, accordingly, material and social losses of society, population, commercial and government agencies. It is substantiated that insurance in general and civil liability insurance, as its integral part, is an infrastructure that helps to increase the efficiency of all areas of business. This determines the importance of the development of all types of insurance in Ukraine, taking into account the process of integration into the world community. It is established that the development of insurance market in our country should be based on the study and balanced use of experience of industrialized countries with long traditions in the insurance market, legal regulation of insurers and diversification of various types of insurance. However, it should be borne in mind that the world community has invented universal means of compensation, which is the most popular type of liability insurance worldwide – is the insurance of civil liability of owners of land vehicles. It provides for the payment of monetary compensation to the victim in the amount that would be collected from the owner of the vehicle on a civil lawsuit in favor of a third party for damage to life and health, as well as for damage or loss of property due to an accident or other road – transport accident due to the fault of the insured. Given the state and prospects of motorization in our country, as well as foreign experience in insurance market, we can say with confidence that liability insurance is one of the leading areas among other types of insurance. However, in its organization and implementation there are many different problems of legal, social, economic and organizational type. Recommendations on the prospects for the development of civil liability insurance of owners of land vehicles in Ukraine are given.


JURIST ◽  
2020 ◽  
Vol 12 ◽  
pp. 46-52
Author(s):  
Diana A. Zhmulina ◽  

The article considers the legal regulation of contractual obligations between persons engaged in business activities in China. The author aims to investigate the proper performance of business contractual obligations under the law of China, to consider the liability measures established for their non-performance or improper performance, as well as to analyze the grounds for termination of obligations. Based on the results of the research, the author comes to the conclusion that the principles of honesty and trust are essential for contractual obligations in the sphere of business activity. The parties are obliged to cooperate fully, including, and in addition to performing the obligations stipulated in the contract. Moreover, this obligation remains even after the termination of all contractual obligations. The conditions for liability for violation of obligations in the sphere of business activity are also established.


Legal Concept ◽  
2021 ◽  
pp. 123-130
Author(s):  
Natalia Kagalnitskova ◽  
Olga Tolstova

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.


2018 ◽  
Vol 1 (2) ◽  
pp. 83-87
Author(s):  
Петр Петрович Баттахов ◽  
◽  
Леонид Николаевич Владимиров ◽  

2020 ◽  
Vol 6 (Extra-B) ◽  
pp. 180-184
Author(s):  
Guzel Firdinatovna Nagumanova

In this article, the author attempts to analyze the institution of civil liability arising from the movable property lease agreement, using the example of Russian legislation and the legislation of a number of European states. Within the framework of this study, the author also raises more general doctrinal issues related to the place of liability under a rent agreement in the system of civil liability, as well as in the system of legal liability in general. In order to determine the place and role of the institutions under consideration, the author considered various views and interpretations of the terms under study, as well as studied the individual historical aspects of the formation and development of the civil liability institution. Among other things, the main part of the study is devoted to the consideration of individual measures and cases of contractors' liability under the rent agreement. At the end of work, the researcher assessed the effectiveness and efficiency of the Russian model of legal regulation of civil liability arising from the rent agreement.    


Author(s):  
Jarmila Pokorná ◽  
Eva Večerková

Internet domains have become an integral part of our lives, so one can easily understand that during their use, conflicts can arise, whose participants will search for rules enabling resolution of conflicts. Since the domain name is a replacement of the computer IP address, in the technical sense of the word, this does not concern for domain names a commercial name or brand, because it primarily does not belong to a person in the legal sense of the word and does not serve for its individualization. The average user regularly affiliates domain names with a person offering goods or services on the relevant Website. Domain names used by entrepreneurs in their business activity are often chosen so that the second-level domain (SLD) would use words that form the trade name of corporations formed of trading companies. This fact brings domain names close to such designations that serve the individualization of persons or products, especially the trademarks and the commercial name. Domains can come into conflict with the rights to designations, especially trademarks and commercial names. Court practice is resolving these conflicts using rules for unfair competition, or rules for protection of commercial names and trademarks, but it is not ruled out that in the future, special legal regulation of domain names could be established.


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