scholarly journals The theory of the executive process and its conceptual apparatus

Author(s):  
S.Ya. Fursa ◽  
E.I. Fursa

The article reveals the essence of the science of executive process as one of the branches of general science of law, which is a theoretical views, opinions, ideas, theories, concepts, concepts in the field of executive procedural relations, based on Ukrainian legislation, international law, achievements other countries in this field, which studies the patterns of origin, history of development and functioning of enforcement proceedings and executive procedural legal relations, their essence, place in the legal system, the role of social functions and the principles of their regu-lation and analyzes them makes development forecasts and proposals for the implementation of scientific forecasts to the legislation on enforcement proceedings and examines the organizational issues of such activities. With regard to the procedural part, the following components should be distinguished in the theory of enforcement proceedings: 1. Enforcement acts as a basis for enforcement proceedings2. Subjects of enforcement proceedings, which in turn are divided into persons:– who enforce decisions;– participants in enforcement proceedings (parties to enforcement proceedings; other interested parties; representatives in enforcement proceedings);– involved in enforcement actions;– persons on the rights that may be affected by the ongoing enforcement proceedings3. General conditions for enforcement proceedings;4. General rules of enforcement proceedings;5. Special rules for enforcement proceedings.6. Transnational enforcement process.The subject and object of science are revealed. Significant attention is paid to the conceptual apparatus, in particular, such concepts as enforcement proceedings, enforcement proceedings, debtor, debt collector, voluntary, enforcement of decisions, etc. are formulated. The essence of the method of legal regulation of public relations in enforcement proceedings as a «method of sanctioned coercion» due to the specifics of the activities of executors in the enforcement of court decisions and decisions of other bodies (officials).

10.12737/3469 ◽  
2014 ◽  
Vol 2 (5) ◽  
pp. 126-134
Author(s):  
Елена Пышьева ◽  
Elena Pysheva

The article highlights the milestones of formation of the Russian legislation in the field of land reclamation. It gives the author’s periodization of the development of reclamation legislation of postrevolutionary Russia, with allocation of her stages. Brief characteristics of each stage is illustrated with the most important legislative acts in the field of public relations. The author uses historical, abstract-logical, formal-legal and comparative-legal methods of scientific knowledge. The article notes that the main achievement of the post-revolutionary legislation is that land reclamation came to be seen not only in the regulation of land use (mainly agricultural land), but also within the legal institution of their protection. Special attention in the article is paid to the adoption of the Federal Law “On Land Reclamation” and its effect. This law laid the legal foundation for the development of the modern reclamation legislation. An analysis of legal acts and scientific literature was allowed to make a conclusion, that reclamation law in Russia for a long period of time was mostly fragmented. However, with the publication of a special Federal Law “On Land Reclamation” this fragmentation of the rules was overcome, but not completely. In addition, since 70s of XX century legal regulation of land reclamation was provided gradually by several branches of legislation (land and water).


Author(s):  
Viktoriia Kuznetsova ◽  
Elena Kargovskaia

This article conducts the analysis of legal regulation of relations between the Kingdom of Spain and the Russian Federation with regards to adoption of Russian children by Spanish citizens. The authors examine the history of development of bilateral Russian-Spanish cooperation; legal normative base, and procedure for the adoption of Russian orphans in the Russian and Spanish legislation. Statistical data is provided on the trends in adoption of Russian orphans by citizens of the Kingdom of Spain. The article employs the following methods of scientific research: historical, comparative-legal, statistical, and systemic analysis. The relevance of the selected topic is substantiated by the fact the for many years Spain demonstrates consistent interest in this question, ranking second among other countries that adopt children from the Russian Federation. At the same time, the legal and bureaucratic framework for realization of Russian-Spanish cooperation in this field requires improvements. The authors conclude that although the number of adopted Russian orphans by Spanish citizens has dropped in recent years, it is necessary to continue cooperation in this field by improving the existing legislation.


2021 ◽  
Vol 62 (01) ◽  
pp. 168-171
Author(s):  
Natig Elmaddin Ibrahimov ◽  

The process of gaining the importance of commercially important information in civil circulation has come a long way. The protection and disclosure of commercial secrets, which are among the objects of intellectual property, are becoming increasingly important for the legislation of Azerbaijan. The historical development of commercial secrets in Azerbaijan is closely related to the legislation of the Russian Empire. This was due to historical events. The history of the development of commercial secrets in Azerbaijan can be divided into several stages. The first stage is the feudal period, state structure and legal regulation of this period. The second period covers the period from 1861 to 1917. The third period covers the period from 1917 to 1991. The fourth period covers the period after 1991, the "restoration of capitalism". Nowdays, the protection of commercial secrets comes to the fore in connection with the relevance of globalization, integration and dynamic development of information resources, as well as the emergence of new obstacles and difficulties in legal regulation. Key words: commercial secrets, intellectual property law, Azerbaijani legislation, civil law, Tsarist Russia (Russian Empire), USSR, Azerbaijan SSR


Author(s):  
V.I. Antonov ◽  
E.V. Antonov

The article examines criminal law with administrative prejudice, as well as the history of the emergence and development of norms with administrative prejudice in the modern criminal legislation of Russia on various grounds. This topic is relevant today because the Russian legislator constantly includes new norms containing administrative prejudice in the criminal code of the Russian Federation. The problems of applying norms with administrative prejudice in practice are considered. It is noted that the criminal legislation in force in the XX century actively applied administrative prejudice as a method of legal regulation of public relations arising in the process of implementing the criminal policy of the Soviet state. The article analyzes the criminal legislation of Russia from the point of view of further development of criminal legislation in the direction of improving the institution of administrative prejudice and increasing the number of norms with administrative prejudice.


2021 ◽  
pp. 226-237
Author(s):  
A. A. Muhitdinov

At the present stage of development of the criminal procedural legislation of the Republic of Uzbekistan, many legal institutions that have a long history of doctrinal development have received normative consolidation. Among them is the institution of participants leading the criminal process at the stage of pre-trial investigation. In the history of Uzbekistan, the activities of these subjects of the criminal process were regulated by numerous normative legal acts, including codified ones. The first Criminal Procedure Code of the Uzbek SSR was adopted in 1926. Soon the Uzbek SSR Criminal Procedure Code of 1929 entered into force. In comparative legal terms, the latter was significantly inferior to the previous one in terms of the degree of detail in the regulation of criminal procedural relations with the participation of pre-trial investigation bodies. Analysis of the content of the legal norms of the Criminal Procedure Code of 1929, regulating the activities of these bodies, allows us to identify features that, from the standpoint of the modern vision of the optimal model of the Criminal Procedure Code of Uzbekistan, are assessed as shortcomings in the legal regulation of the relevant public relations. As such, we can name the following: the CPC does not contain norms defining the sources of criminal procedural law; the code does not provide for a separate chapter devoted exclusively to investigative actions, a detailed description of their procedural form; there is no clear delineation of the competence of the bodies of inquiry and the investigator; the investigator is by law entrusted with supervisory functions that are not characteristic of him in relation to the bodies of inquiry; the Criminal Procedure Code does not include a norm prohibiting persons conducting a preliminary investigation from obtaining evidence by violence, threats, etc.; The Criminal Procedure Code determined the existence of sufficient data, and not evidence, as the basis for the accusation. After being charged, the person acquired the status of a defendant, not an accused; the application of preventive measures, including detention, was carried out by the investigator independently, without the sanction of the prosecutor, which testified to the absence of guarantees of the observance of the right to personal inviolability.


Author(s):  
Anton Vyacheslavovich Abrosimov

This article analyzes the differences in the fundamentals of legal regulation of internal and external state financial control, as well as the legal status of branches exercising internal and external state control in the financial and budgetary sphere. The goal of this article consists in the comprehensive analysis of their legal regulation to answer the question on the possibility of unification of the norms of financial control in a single normative legal act, as well as on the need for systematization of the theoretical framework in this sphere within the framework of any policy document. Analysis is conducted on the specific aspects characteristic to legal regulation of external and internal state financial control, as well as on the peculiarities of the history of their development. The article examines the role of international institutions in creation of legal regulation in the indicated sphere of public relations. The scientific novelty consists in consideration of the key features of internal and external state financial control, as well as the corresponding conceptual apparatus for the purpose of systematization of their legal regulation. The conclusion is made on the possibility of systematization of financial control; however, due to the complex nature of financial law and substantial differences in different spheres of financial relations and exercising of different types of financial control, such systematization should take place not within the framework of law, but rather within the framework of policy document. The author believes that namely the creation of the concept for the development of financial control is the preferential way for unification of the  conceptual framework, as well as the main methods of regulation and organization of financial control.


2021 ◽  
Vol 62 (01) ◽  
pp. 147-150
Author(s):  
Parvana Bayram Babaeva ◽  

Summary Constitutional legal norms are general rules of compulsory behavior established or sanctioned by the state for the purpose of protection and regulation of certain public relations. There are implemented through specific rights and obligations and provided by the coercive force of the state. Constitutional legal norms are general rules of coercive behavior established by the state for the purpose of protecting and regulating certain social relations. These are legal norms implemented through certain rights and obligations and provided by the coercive force of the state. The content of constitutional legal relations reflects the mutual rights and obligations of the parties. These rights and responsibilities are closely related. Traditionally, the obligation of one party is considered to correspond to some right of the other party. Key words: constitution, legal relationship, general character, regulation, normative


2021 ◽  
pp. 34-44
Author(s):  
Ekaterina Z. Sidorova ◽  
◽  
Evelina Yu. Buzinsky ◽  

The article studies the history of legislative regulation of public relations related to the murder of children by their parents. The research methods are historical-legal, comparative-legal, formal-logical, etc. The work is significant, as it allows us to look at the problem of infanticide from the historical point of view and to assess the variability of the legislator’s approach to this phenomenon. In our society the murder of children is still committed. The authors believe that studying the historical basis and causes of the murder of a newborn by its mother will help to find an answer to the question of why infanticide was committed and is still committed. There is a gap in scientific knowledge: the society has not yet found a means to make child abuse (and their murder) few and far between in our country. The lack of scientific knowledge in this area creates a ground for conducting scientific research. The authors refer to Ancient Rus and pre-revolutionary period, analyze the legislation, and assess the legislator’s approach to murder of a child by an adult. The study reflects the variability of the legislator's position on the issue. The methodological basis of this work includes analysis and generalization of literature and publications in periodicals devoted to historical aspects of legal regulation of infanticide, as well as study of legal monuments containing relevant legal regulations. The main results of the work are that the authors have conducted a historical analysis of the legal ban on committing infanticide from Ancient Rus to pre-revolutionary Russia. Initially, the murder of a child, primarily an illegitimate one, by its mother was classified as a qualified crime and severely punished. However, with development of society, state, and law, the legislator reduced the punishment for committing infanticide. The contribution of this research to science is determined by its novelty. The authors have been able to show how important social norms and mores are for forming the opinion of the legislator.


2018 ◽  
Vol 4 (2) ◽  
pp. 67-84
Author(s):  
Abdul Hadi

This journal discusses the history of development, definition, function, objective and scope of public relations management globally then we are required to understand and glance back the history of the emergence of "Public Relation" which originated from the crisis strikes the workers of the industry that occurred in United States in 1906. The practice of public relations or Public Relations has evolved and continues to grow consciously or not, with the number of institutions and companies are growing, competition is increasingly tight in grabbing the public's attention, many ways done by institutions or companies to expose the program or policies, even the excellence of the institution, its main purpose is tersampaikanya to the public, by empowering Public relations or Public Relations, which in this case public relations that must relate and maintain direct communication with the community. People are certainly more interested in the offer of quality programs that are packaged well and interesting. Moreover, being in the world of information is very fast and open, an institution or company may not just be silent waiting to get public attention. Keywords: Management, Public Relations, History, Scope


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