scholarly journals On the Prospects for the Development of the Institution of Joint Property of Spouses

2020 ◽  
Vol 17 (3) ◽  
pp. 109-112
Author(s):  
Elena Nevzgodina ◽  
Natalia Temnikova
Keyword(s):  
Common Property ◽  
Family Law ◽  
Educational Process ◽  
Theory And Practice ◽  
Property Relations ◽  
Judicial Practice ◽  
Current State ◽  
Beneficial Ownership ◽  
Marital Property ◽  
Further Development

Introduction. The review presents A. A. Dobrovinsky’s monograph “Problems of property relations in family law of the Russian Federation: theory, practice and law reform” (Moscow: Eksmo, 2020. 208 p.), devoted to theoretical and practical problems of the legal regime of marital property. The monograph illuminated a number of topical and problem issues of the theory and practice of family disputes concerning common property of spouses, such that circumvented proper attention in the science of family law and cause significant difficulties in the judicial practice: the issues of presumption of spousal consent for the transaction with the common property and the fixing of this agreement, especially in business assets, stocks and shares and also “beneficial ownership” of spouses. Conclusion. The monograph can be recommended not only for the purposes of further development of the science of family law, but also for family law and law enforcement. Written in a lively and clear language, with a remarkable logic of presentation, it is undoubtedly also recommended for use in the educational process, as an indicator of the current state of disputes over the division of marital property.

scholarly journals DEFINITION OF THE CONCEPT OF MARRIAGE CONTRACT: NEW APPROACHES

2021 ◽  
pp. 58-62
Author(s):  
O. Mykhalniuk
Keyword(s):  
Property Rights ◽  
Common Property ◽  
Family Law ◽  
Family Relations ◽  
Legal Regime ◽  
Judicial Practice ◽  
Marriage Contract ◽  
Marital Property ◽  
Separate Property ◽  
Definition Of

The purpose of the article is to study current issues of regulation of family relations under the marriage contract, to define the concept and content of the marriage contract in the light of new trends in notarial and judicial practice of Ukraine. For this research a number of general scientific and specific legal methods have been used, namely analysis of the legal issues, judicial categories, applied comparative-legal, systematic- structural, formal-logical methods and etc.. The author proposes a systematic approach to the study of problems of changing legal regimes of marital property under the marriage contract. It is based on the author's understanding of the concept and the legal nature of "legal property regime" in science of civil and family law of Ukraine, and analysis of the existing judicial practice within mentioned-above sphere. The notion "change the legal regime of marital property" and "change of property types" are not identical in content. The change of the legal regime of the spouses' property does not provide for the transfer of ownership of this property. It is proved that the legal regime of the property of spouses under a marriage contract can be changed only regarding the property, which will be acquired in the future. The effect of legal regime of separate property on the property, which was acquired by spouses in marriage (common property) is in contradiction with part 5, article 93 of the Civil Code of Ukraine. In this case there is actually a transfer of ownership. It is proposed to expand the range of legal relations that can be regulated by a marriage contract, namely: to include not only property but also personal non-property relations of brides and spouses. The author also proposes the definition of marriage contract as a legal instrument between spouses or fiancé and fiancée, which determines their property and personal none-property rights and obligations, in particular, regarding the establishment (change) of legal regime of future property, the regulation of its usage and dispossession, division of revenues and expenses and their property and personal non-property rights as parents in marriage and (or) in case of divorce. Keywords: family law, marriage contract, legal regime of spouses' property, joint common ownership, joint partial ownership, regime of separate property of spouses, regime of common property of spouses.

scholarly journals Tendencies of the Contractual Regulation of Family Property Relations between Spouses with due regard to the Development of Legislation and Judicial Practice

Lex Russica ◽  
2021 ◽  
pp. 63-73
Author(s):  
S. Yu. Chashkova
Keyword(s):  
Law Enforcement ◽  
Common Property ◽  
Family Law ◽  
Legal Regulation ◽  
Property Relations ◽  
Positive Law ◽  
Judicial Practice ◽  
The Family ◽  
Contractual Relations ◽  
Law Regulation

The author makes an attempt to determine tendencies for the development of the legal regulation of property relations between spouses based on the approved amendments and expected changes in the legal regulation, established jurisprudence and with due regard to the goals of family law regulation and models of contractual regulation of property relations between spouses enshrined in positive law. The paper considers in detail the following trends: enforcement and development of provisions concerning contractual regulation of property relations between spouses and their common property, law enforcement and development provisions concerning contractual regulation of the property relations between spouses for the provision of mutual maintenance.The author comes to the following conclusions. Firstly, the family law regulation of contractual relations concerning the common property of spouses and law enforcement as a whole comply with the goals of the family law regulation. Secondly, civil law regulation and law enforcement in terms of contractual property relations between spouses strengthen the "pro-creditor" approach and limit contractual freedom of spouses. Thirdly, the prospects for regulating the legal and contractual regime (with the stronger "pro-creditor" approach) may result in changes in the systemic interpretation and law enforcement of provisions concerning the contractual regulation of spousal property and they can contradict the goals of family law. Fourthly, the regulation of contractual relations between spouses concerning maintenance shows sufficient stability and general conformity with the goals of family law regulation, but does not exclude the search for options to expand its limits through the rules of the Family Code of the Russian Federation, while the practice of applying these provisions indicates a "pro-creditor" approach and non-compliance with the goals of family law regulation.

scholarly journals ANALYSIS AND PROSPECTS FOR USING IMMERSIVE TECHNOLOGIES IN THE SYSTEM OF TRAINING OFFICERS OF ENGINEERING SPECIALTIES

2020 ◽  
pp. 10-19
Author(s):  
N.V. Uvarina ◽  
◽  
A.V. Polkovnikov ◽  
Keyword(s):  
Higher Education ◽  
Military Education ◽  
Training System ◽  
Educational Process ◽  
Teaching Staff ◽  
Current State ◽  
Digital Format ◽  
Further Development ◽  
Immersive Technologies

Improving the quality of training military specialists at the command level is undoubtedly an urgent problem for law enforcement agencies and the state as a whole. This fact is directly related to the maintenance in a combat-ready state of military units deployed both in the territory of the Russian Federation and abroad. The article analyzes the views of domestic and foreign scientists on the problem of digitalization of education. Its goals, objectives, current state and prospects for further development are revealed. The ways of improving the quality of the organization of the educational process in terms of learning in a distance (digital) format are presented. The current state of integration of immersion technologies in higher education, including military education, is analyzed. A method of giving military education a practical orientation is presented, which consists in the use of immersive technologies. The main provisions of the immersive approach in military education are analyzed. Within the framework of this article, the ways of further development of immersive technologies in the military education system are presented. The parallel development directions of immersion technologies are highlighted: virtual reality (VR) and augmented reality (AR). The possibilities of using these technologies in the perspective of the development of military education are revealed. The necessity of re-profiling the role of the teaching staff of military educational institutions of higher education due to the further integration of immersion technologies into the training system of officers of the Russian army is proved.

scholarly journals LEARNING AND SPEAKING THE UZBEK LANGUAGE AS A FOREIGN LEARNING FOR SPEECH ACTIVITY PREPARATION

2020 ◽  
pp. 173-189
Keyword(s):  
Foreign Language ◽  
Foreign Students ◽  
Educational Process ◽  
Teaching Reading ◽  
Knowledge And Skills ◽  
Current State ◽  
The Subject ◽  
Further Development ◽  
Modern Technologies ◽  
Development Of Students

The purpose of the article is to study the issues of teaching foreign students to read and speak in Uzbek using the types of speech activities in teaching Uzbek as a second foreign language. The content, forms, means of teaching the types of speech activities in the educational process consists of research, generalization and systematization. The object of the article is the current state of the study of speech activities, its essence, the content of the educational process, the comparative status of traditional methods and new approaches to the study of the subject, their application in practice, new modern technologies for teaching reading and speaking and further development of students' knowledge and skills in reading and speaking in Uzbek, further development of their vocabulary, further expansion of their knowledge of linguocultural studies, development of monologue and dialogic speech.

scholarly journals CONFLICT OF LAW RULES ON MARITAL PROPERTY RELATIONS IN UKRAINE: THEORY AND PRACTICE

2018 ◽  
pp. 48-57
Author(s):  
V. Kisil ◽  
A. Pashynskyi
Keyword(s):  
International Law ◽  
Theory And Practice ◽  
Private International Law ◽  
Choice Of Law ◽  
Property Relations ◽  
Marital Property ◽  
The Law ◽  
Legal Concepts ◽  
Legal Consequences ◽  
Conflict Of Law

This article is about the theoretical and practical aspects of conflict of law regulation of marital property relations under the Law of Ukraine “On Private International Law”. Inter alia, the paper deals with the possibility of the choice of law applicable to prenuptial contracts and marital property relations as well as the conflict of law rules applicable to property consequences of marriage in the event of absence of the choice of law. The author analyses the limitations to applying the principle of autonomy of will in marital property relations, the correlation between legal concepts of “marital property relations” and “legal consequences of marriage” and the possible forms of performing lex voluntatis. With a view to protecting the interests of the child and the weaker party in a marriage, the author proposes amendments to para 1 of Art. 61 of the Law, pursuant to which the law chosen by the parties must not impair the standing of the child or one of the spouses as compared to the law to be applied to property consequences of marriage in the event of absence of a choice of law. The paper also focuses on the overview of relevant Ukrainian court practice regarding the application of the Law during proceedings on marital property relations with a foreign element.

The Oxford Handbook of Philosophy and Psychiatry

2013 ◽  
Keyword(s):  
Mental Health ◽  
Clinical Encounter ◽  
Theory And Practice ◽  
First Century ◽  
Current State ◽  
International Perspectives ◽  
Philosophical Contribution ◽  
User Perspectives ◽  
First Contact ◽  
Further Development

This book presents a lively cross section of recent cross-disciplinary research in the rapidly expanding field of philosophy and psychiatry. Co-branded between theOxford Philosophy Handbookand IPPP (International Perspectives in Philosophy and Psychiatry) book series, the volume includes a number of features designed to reflect the dynamic two-way interplay between theory and practice that has emerged as such a key feature of the new field. Thus, 1) the topics covered include many of the standard problems of philosophy (such as consciousness, other minds, freedom, and personal identity) but these are organised into sections reflecting the stages of the clinical encounter (from first contact, through psychopathology and diagnosis to causation and thence to care and cure); 2) although predominantly philosophical in focus each chapter draws in different ways on practice-informed expertise (including clinical, scientific and service user perspectives); 3) the development of the book was supported by an international advisory board including a mental health NGO as well as academic organisations; and 4) the book is further supported by a unique web-site resource of first-hand narratives of mental disorder and other practice-based materials. In incorporating these features,The Oxford Handbook of Philosophy and Psychiatryaims not merely to reflect the current state of the field but also to drive its further development as a distinctively philosophical contribution to twenty-first century mental health.

scholarly journals Educational progressivism: Theory and practice

2009 ◽  
Vol 41 (2) ◽  
pp. 264-283
Author(s):  
Jovana Milutinovic
Keyword(s):  
Educational Practice ◽  
Educational Process ◽  
Theory And Practice ◽  
Starting Point ◽  
Teachers And Students ◽  
Instruction And Learning ◽  
Contemporary Education ◽  
Further Development ◽  
Educational Contents

The theory and main characteristics of progressivism are studied in the paper. The starting point for research of progressive education is the analysis of its philosophical, psychological and ideological foundations. Numerous aspects of progressivism are discussed in that context: goals of education and learning, role of school, nature of knowledge and the choice of educational contents, viewpoints on instruction and learning, as well as the position of teachers and students in educational process. In this, the intention is not to analyze only the theory of progressivism, but also to point out its practical aspects by describing the work of schools which have largely accepted the progressive ideas from the first half of the twentieth century with the intention of their further development. In that sense, this paper is also an attempt of studying the application of progressive ideas in practice in contemporary education. It is concluded that, notwithstanding the amount of criticism coming from other schools of thought, progressivism in education was and has remained an important reformation movement. Open schools, schools without grades, cooperative learning, multi-generation grouping in classrooms, experiential learning and numerous programs of alternative schools are the examples of infiltration of progressive ideas in contemporary educational practice.

scholarly journals Consistency of Law Enforcement Practice in Matters of Deviation from the Principle of Equality of the Spouses’ Shares in Their Common Property

Legal Concept ◽  
2021 ◽  
pp. 116-124
Author(s):  
Natalia Ablyatipova ◽  
Keyword(s):  
Law Enforcement ◽  
Common Property ◽  
General Rule ◽  
Court Decisions ◽  
Judicial Practice ◽  
Marital Property ◽  
The Law ◽  
The Right ◽  
Joint Property

Introduction: the issues of the division of the jointly acquired property of spouses do not lose their relevance. As a general rule, in the absence of an agreement between the spouses, the division is carried out in court based on the legally established presumption of equality of shares, regardless of the method of participation in the formation of joint property. However, this principle is not absolute and the court has the right to deviate from the principle of equality by increasing the share of one of the spouses. Meanwhile, the possibility of increasing the share in the marital property is interpreted ambiguously in law enforcement, and the incorrect interpretation of the norm is revealed. In this regard, the author sets the goal: to summarize the approaches developed by the judicial practice on this issue, to identify and analyze the grounds for deviation from the principle of equality of shares in the division of property of spouses. Results: the reasons for the increase in the marital share are investigated, the problems of determining the criteria are identified, and the inconsistency of court decisions in similar cases when considering the categories “child’s interest” and “spouse’s interest” is established. Conclusions: based on the analysis of the legislation and materials of judicial practice, the problems of applying the grounds for derogating from the equality of the shares of spouses in the division of jointly acquired property and the ambiguity of the law enforcement are highlighted. Based on the results of the work, the author has developed some practical proposals and recommendations for improving the legislation.

Cognitive activity as an important element of the educational process in a modern school

2021 ◽  
Vol 15 (2) ◽  
pp. 75-79
Author(s):  
Фируза Фарман гызы Багирова ◽  
Keyword(s):  
Key Words ◽  
Cognitive Activity ◽  
Mental Activity ◽  
Educational Process ◽  
Theory And Practice ◽  
Present Level ◽  
Modern School ◽  
Teaching Aids ◽  
Technical Teaching ◽  
Further Development

The activation of the cognitive activity of students is one of the urgent problems at the present level of development of pedagogical theory and practice. In the process of cognition, such forms of mental activity as foresight, imagination, intuition are involved. They are based on accumulated knowledge and make it possible to predict the further development of objects and phenomena of the surrounding reality. It is necessary to activate the cognitive activity of students and increase interest in learning at every stage of any lesson, using various methods, forms, and types of work for this: a differentiated approach to children, individual work in the lesson, various didactic, illustrative handouts, technical teaching aids, and others. Key words: modern pedagogy, cognition, lesson, cognitive activity, psychology

scholarly journals Issues of Remote Teaching of Technical and Criminalistic Means of Evidentiary Information Collection

2021 ◽  
Vol 3 ◽  
pp. 17-20
Author(s):  
Valeriy N. Karagodin ◽  
◽  
Aleksey K. Shemetov ◽  
Keyword(s):  
Distance Learning ◽  
Educational Process ◽  
Theory And Practice ◽  
Academic Disciplines ◽  
Information Collection ◽  
Direct Control ◽  
Traditional Methods ◽  
Computer Technologies ◽  
Further Development

Purpose. To formulate the problem and identify ways to improve the quality of distance learning in technical and forensic methods of collecting evidentiary information. Currently, there are serious difficulties in teaching these techniques due to the limited possibilities of using traditional methods of visualization in the presentation of technical and forensic recommendations and direct control over the correctness of their implementation. This significantly reduces the effectiveness of conducting classes remotely. Methodology: forensic technology as a branch of criminology, pedagogy, psychology. Results. The distance form requires the adjustment of traditional methods and means of teaching technical and forensic techniques, wider use of the possibilities of computer technologies to increase the visibility when demonstrating these techniques, as well as for practical mastery of them by students. Discussion. The discussion and further development of the problems raised in the article will contribute to the development of the theory and practice of distance learning in forensic technology, both in the field of criminology and in other academic disciplines. The article contains specific proposals for the development of technical and forensic techniques that can be used in the educational process.

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