scholarly journals Likumības princips civilprocesā: formālas lietu vešanas kārtības pamats civillietās

2021 ◽  
Vol 1 (19) ◽  
pp. 110-119
Author(s):  
Ivars Kronis
Keyword(s):  
Civil Rights ◽  
Legal Protection ◽  
Legal Framework ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Legal Norms ◽  
Substantive Law ◽  
Available Information ◽  
Subjective Rights ◽  
Principle Of Legality

Rakstā tiek apskatīts jautājums par likumības principa izpausmi un saturu civilprocesā. Pētījumā tiek aplūkoti likumības principa procesuālie un materiāli tiesiskie jautājumi. In the article, the author examines the matter of the expression and content of the principle of legality in civil procedure, more specifically focusing on the procedural and substantive problems of the principle of legality. Civil procedure is universal as a compulsory form of protection of subjective rights or, in other words, civil procedure is a procedure for compulsory exercise of civil rights, which is reduced to a set of norms that determine the type of actions of both existing legal protection institutions and persons who use this protection or are involved in it in any other way. Legality plays an important role in this regard. Legality means a state of life of the society which, firstly, has a legal framework, which is not logically contradictory and which generally meets the objective needs of this society and, secondly, natural and legal persons respect and follow the legal norms adopted. In civil procedure, this is not only a principle, but also one of the aims of legal proceedings. According to its content, the principle of legality includes, firstly, the requirement that the courts apply the norms of the substantive law correctly and carry out procedural actions in accordance with the legal norms; secondly, the requirement that other participants of the procedure comply with the procedural and substantive legal regulation when adjudicating and considering civil cases in court. Thus, the principle of legality includes procedural and substantive components. The aim of the article is, by analysing the moral-legal content of the principle of legality, to evaluate the aspects of its application. Material and methods used in the study for the empirical basis of the research include scientific works and collections of articles, publications in periodicals and primary sources, laws, internet resources, as well as other publicly available information. Analytical, inductive and deductive research methods have been used in the research.

scholarly journals MEDICAL AND PROCEDURAL-LEGAL ASPECTS OF INPATIENT AND OUTPATIENT FORENSIC PSYCHIATRIC EXAMINATION

2020 ◽  
Vol 73 (7) ◽  
pp. 1533-1538
Author(s):  
Sandra Kaija ◽  
Inga Kudeikina ◽  
Nataliya Gutorova
Keyword(s):  
Medical Practitioner ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Civil Procedure ◽  
Legal Doctrine ◽  
Psychiatric Examination ◽  
Legal Norms ◽  
The Subject ◽  
Forensic Psychiatric

The aim: The aim of the study is to define the legal framework of forensic psychiatric examination commissioned by the court in relation to the competence of medical practitioners and the position of the subject as a patient in the process of forensic psychiatric examination in order to determine the correlation of special legal regulation with criminal and civil procedure regulation and to make proposals for the enhancement of the legal regulation. Materials and methods: This study is based on the analysis of international law, medical civil procedure and criminal procedure legislation, juridical practice, medical law legal doctrine. The following methods were used in this research: the method of interpretation of legal norms, analysis of legal acts, and the induction-deduction method, upon which the conclusions were drawn and recommendations were provided. Conclusion: The current regulatory framework does not provide for the procedure by which the subject’s medical treatment is conducted during forensic psychiatric examination, nor does it determine the criteria for the admissibility of treatment of the persons concerned and the extent of treatment. During the examination, the medical practitioner who is in the expert’s procedural position in relation to the subject under examination in the particular examination should not carry out the treatment of the subject.

ADMINISTRATIVE-LEGAL REGULATION IN THE SPHERE OF INTELLECTUAL PROPERTY: SEPARATE ASPECTS

2017 ◽  
Author(s):  
Iryna Horodetska ◽  
Keyword(s):  
Intellectual Property ◽  
Public Relations ◽  
Legal Protection ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Norms ◽  
Existing Problems ◽  
General Goal ◽  
Effective Use ◽  
Legal Mechanism

The article is devoted to clarifying the specifics of administrative-legal regulation in the sphere of intellectual property at the present stage of reformation of the state system of legal protection of intellectual property in Ukraine. The administrative-legal regulation of public relations in the sphere of intellectual property is proposed to understand as the legal impact on these public relations, carried out using a complex of administrative-legal means, which is aimed at achieving the general goal of administrative-legal regulation in the process of ensuring the appropriate conditions for the creation, effective use, protection and defense of the intellectual potential of the nation in the interests of developing a competitive economy of Ukraine based on knowledge and innovation. It is noted that the administrative-legal regulation of relations in the sphere of intellectual property has features that are manifested in the specifics of administrative-legal norms, the goals of legal (administrative-legal) regulation, administrative-legal means that ensure its effectiveness, the institutional component of the organizational and legal mechanism in this sphere. The analysis of the legal framework of administrative-legal regulation of relations in the sphere of intellectual property is carried out. Particular attention is paid to the existing problems of the institutional system in this area, as well as the process of its reform in the context of the adoption of the Law of Ukraine "On amendments to certain legislative acts of Ukraine concerning the establishment of a national intellectual property body" dated June 16, 2020 No 703-IX. Attention is focused on the shortcomings of this regulatory legal act. It is concluded that increasing the level of efficiency of the regulatory framework, strengthening the institutional and functional capacity of public administration entities in the sphere of intellectual property, as the pivotal factors of the effectiveness of administrative-legal regulation in this area, is possible only if the principles of systematicity, expediency, validity and consistency are observed, as well as taking into account the interests of all subjects of public relations in the sphere of intellectual property.

Dispositive Model of Active Legal Capacity of People with Mental Disabilities in France and Quebec in the Context of the Russian Civil Code Reform (Part II)

2021 ◽  
pp. 80-87
Author(s):  
Terdi E. S. ◽  
◽  
Skrynnik I. K. ◽  
Keyword(s):  
Mental Disorder ◽  
Legal Protection ◽  
Legal Regulation ◽  
Civil Code ◽  
Point Of View ◽  
Legal Capacity ◽  
Persons With Disabilities ◽  
Legal Norms ◽  
Leading Role ◽  
Legal Method

The article is devoted to the problem of the inconsistency of the Russian imperative model of active legal capacity, according to which the content of active legal capacity in case of its restriction due to mental disability of a person is prescribed by the law, to the Convention on the Rights of Persons with Disabilities ratified by Russia in 2012. The purpose of the paper is to demonstrate the shortcomings of the imperative model, the main of which is the lack of authority of the Russian court to individually determine the consequences of restriction of active legal capacity of a person due to mental disorder, taking in account degree of actual decrease of his cognitive and volitional abilities. This purpose is achieved by the consistent implementation of the following tasks. First of all, characteristic of the Russian imperative model of active legal capacity is given. Secondly, the French dispositive model of legal capacity is described. In this model the forms of legal protection, but not the categories of active legal capacity, incapacitation and restricted active legal capacity are the backbone concepts for the legal regulation of this group of relationship. It is noted that under the influence of the Convention on the Rights of Persons with Disabilities the more progressive, from the point of view of international law, forms of this model are stipulated in many foreign countries. Thirdly, the evolved form of the French dispositive model of active legal capacity, implemented in the Bill 18 «An Act to amend the Civil Code, the Code of Civil Procedure, the Public Curator Act and various provisions as regards the protection of persons», that was adopted by the National Assembly of Quebec in 2 June 2020, is analyzed. The main advantage of the latter is that the court, establishing the form of protection, is not bound by the legal norms that imperatively determine the content of active legal capacity of a person with mental disorder. The court is able, based on the cognitive and volitional abilities of particular person, to individually determine which acts person can perform by himself, alone or with the assistance of the tutor, and which one can be performed by the tutor only. The objectives of the study determine the leading role of the comparative legal method in its implementation. The provided research makes possible to assess the perspectives of borrowing of French or Quebec dispositive models of active legal capacity of people with mental disorder by the Russian legislator.

scholarly journals Banking operations as an object of administrative and legal protection

2018 ◽  
Vol 81 (2) ◽  
pp. 28-37
Author(s):  
M. Y. Bukreev
Keyword(s):  
Financial Institutions ◽  
Banking Sector ◽  
Banking System ◽  
Legal Protection ◽  
Legal Regulation ◽  
Practical Significance ◽  
Legal Norms ◽  
The Past ◽  
The Subject ◽  
Banking Operations

The subject matter of the research is the relations that are formed in the process of banking operations. It has been substantiated that banks and the banking system are among the most important financial institutions, which proper and stable functioning influences on all other spheres of life in the state. It is proved by the consequences of crises in the banking sector that have occurred in Ukraine over the past few years. Awareness of the importance of this area and the possible consequences of unlawful encroachments have determined the need to search for all legal means for combating delicts in the sphere of banking operations. Understanding the fact that one can achieve significant results in the sphere of protecting banking operations by administrative and legal means, has necessitated this scientific study. In order to analyze banking operations as an object of administrative and legal protection, the author has fulfilled the following tasks. The author has highlighted the use of the concepts of “protection” and “administrative and legal protection” in the context of their implementation in relation to banking operations. The foundations of Ukrainian and international administrative and legal regulation of protecting relations in the sphere of banking operations have been revealed. The essence and features of banking operations influencing the understanding of the sphere of protected relations have been outlined; and the content of administrative and legal protection of relations in the field of banking operations has been revealed. It has been noted that there is an extensive system of banking legislation on legal norms in Ukraine regulating banking operations that require legal protection. The practical significance of the obtained results of the article is determined by the substantiated provisions for improving the approaches to increase the efficiency of the administrative and legal protection of the relations in the sphere of banking operations. A number of practical results of the research can be used while studying administrative and legal means of protecting relations in the field of banking operations.

The international legal framework for cooperation between States on countering illicit trafficking in medical products

2021 ◽  
Author(s):  
Kristina Zimina
Keyword(s):  
Russian Federation ◽  
Legal Framework ◽  
Legal Regulation ◽  
Law Schools ◽  
Legal Norms ◽  
Medical Products ◽  
Wide Range ◽  
The Russian Federation ◽  
Illicit Trafficking

The monograph is devoted to the study of the international foundations of cooperation between states in the field of combating illicit trafficking in medical products (NOM), as well as to the study of the functioning of modern international legal mechanisms of such interaction. The author's proposals for improving the legal regulation in the field of countering the NOM in the process of implementing international legal norms regulating these legal relations into the legislation of the Russian Federation and foreign states are presented. For a wide range of readers interested in countering illegal trafficking of goods, works and services. It will be useful for students, postgraduates and teachers of law schools.

THE INFLUENCE OF THE NEW REGULATION OF DIGITAL RIGHTS ON JUDICIAL PRACTICE

2020 ◽  
pp. 27-39
Author(s):  
Vladimir G. Blinov ◽  
Viktoriya V. Blinova
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Research Topic ◽  
Digital Rights ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Available Information ◽  
Digital Assets

A huge interest in learning digital technologies is noted these days. However, at the same time it is necessary to note insufficient degree of available information on this topic, which is due to this phenomenon's novelty. The relevance of the research topic is determined by the need to analyze comprehensively the litigation practice on applying the legislation on digital rights. The need for this research is due to the lack of a comprehensive legal regulation of new digital technologies, lack of uniform judicial practice on applying the legislation on digital rights. This paper considers and analyzes modern law enforcement approaches to cryptocurrency as an object of civil rights, to transactions with cryptocurrency, dissemination in the Internet of information about cryptocurrency as a virtual means of payment and saving in the territory of the Russian Federation, taxation of digital assets existing in litigation practice. The legal positions of the Bank of Russia, Rosfinmonitoring, FTA of Russia on problematic issues of digital rights are investigated.

scholarly journals THE CONCEPT OF THE ADMINISTRATIVE AND LEGAL TRANSFORMATION OF CONSTITUTIONAL ORDER, SECURITY AND RUSSIA'S WELL-BEING PROTECTIVE MANAGEMENT

2017 ◽  
Vol 21 (3) ◽  
pp. 148-154
Author(s):  
E. V. Pozdnyakova
Keyword(s):  
Civil Rights ◽  
Legal Protection ◽  
Well Being ◽  
Functional System ◽  
Legal Regulation ◽  
Integrated System ◽  
System Stability ◽  
Constitutional Order ◽  
Vital Functions ◽  
Legal Security

This article presents the concept of the administrative and legal transformation of constitutional order, security and Russia's well-being protective management. The author reveals the idea of protective management as an integrated system of measures, taken by the Russian Federation legislation, used to ensure the adequate implementation of subjective rights. Special attention is paid to a comparative analysis of such legal concepts as "administrative and legal security" and "administrative and legal protection" of the constitutional order, security and Russia's well-being. Noting the fact that these concepts can be united by common objects, objectives and the administrative-legal protection regime, the author points out that the methods for achieving them are deifferent and they do not coincide at all. Based on the research results, the following objectives of the administrative and legal transformation of protective management are highlighted: the Russian statehood preservation as a single territorial integrity of the state, ensuring the national democratic system stability, preserving civil-society institutions, human and civil rights and freedoms, and especially preventing threats to economic crises. With the help of linguistic analysis, the legal category "administrative and legal support" is revealed. And in this context, it is logical to conclude that the concept of "administrative legal protection" can be viewed from several positions: both as a combination of different means and conditions aimed to carry out certain tasks of vital functions of the functional system and as the process of creating and providing these means and conditions At the same time, it is clarified that the content of administrative and legal protection of the constitutional order, security and Russia's well-being is not limited to legal norms and lawmaking. The author points out that the concept of "administrative legal protection" differs from the term "legal system", and also compares it with the categories "lawmaking", "legal regulation" and "legal means". To sum it up, the author concludes that the administrative and legal transformation of the constitutional system, security and Russia's well-being protective management acts as a set of standards and legal activities of authorized entities.

scholarly journals Udlevering af lovovertrædere – en retshistorisk undersøgelse af retsgrundlaget og nogle statsretlige overvejelser

2017 ◽  
Vol 104 (3) ◽  
pp. 289-317
Author(s):  
Ole Terkelsen
Keyword(s):  
Legal Protection ◽  
Legal Framework ◽  
Legal Basis ◽  
Legal Questions ◽  
The 1960S ◽  
Principle Of Legality

This article examines the legal framework for Danish extradition as practiced prior to the first extradition acts from the 1960s. First, the article describes the development of international extradition law from a Danish perspective. Agreementsregarding extradition can be found in Danish treaties dating back several hundred years. Second, the article analyses the Danish legal basis of extradition. The lack of legislation until the 1960s has often been criticized by legal scholars,but the topic has not been studied in depth before. The early Danish extradition practice raises fundamental legal questions regarding inter alia the legal protection of foreigners in Denmark, the scope of the principle of legality, and the interpretation of the provisions of the Danish constitution relating to the deprivation of liberty.

scholarly journals The Securing a Claim in the Context of Sustainable Development: An Evaluation of the Latvian Experience

2021 ◽  
Vol 10 (4) ◽  
pp. 281
Author(s):  
Andrejs Gvozdevičs
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Legal Framework ◽  
Legal Regulation ◽  
Theory And Practice ◽  
The Sustainable Development ◽  
Legal Norms ◽  
Inductive Methods ◽  
Protection Of Human Rights ◽  
The Right

Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms provides for the right of everyone to a fair and public hearing by an independent and impartial tribunal established by law. An important guarantee, such as the enforcement of a court judgment, is also enshrined in human rights theory and practice, as unenforced judgments pose a threat to legal stability, which is one of the fundamental basis for the sustainable development of society. The institute of law of the securing a claim serves in cases where execution of the future judgment may be impossible or made substantially more difficult. The aim of the research is to study the legal framework, which determines the regulations of the securing a claim in Latvia in order to make proposals for enhancement of the legal framework. The research deployed descriptive, analytical and deductive-inductive methods as well as the methods of interpretation of legal norms. Using these methods, legal acts, views of legal scientists and case law were reviewed and analyzed, and subsequently conclusions and recommendations were made. Analyzing the development of the securing a claim it can be admitted that this institute of law in Latvia has problems as the application of the securing a claim in court practice within the framework of limited adversarial and dispositivity principles, as well as shortcomings in the theoretical foundations of the securing a claim which are based on the findings of legal scientists of the last century. As a result of the research, the author drew the conclusions, that Latvia does not make sufficient use of the long-standing successful procedural solutions for securing a claim in others states, such as court mortgages, bank guarantee or mortgage of the plaintiff to secure the defendant's losses, defendant's protection letter to protect against unjustified securing a claim, a possibility to secure a claims which are not financial in nature and many more that can make legal regulation of the securing a claim more modern and effective.

scholarly journals Doctrinal foundations of goal-setting in the institute of punishment

2021 ◽  
Vol 230 (7) ◽  
pp. 15-21
Author(s):  
IVAN V. DVORJANSKOV ◽  
Keyword(s):  
Goal Setting ◽  
Criminal Policy ◽  
Legal Framework ◽  
Legal Regulation ◽  
Penal System ◽  
Criminal Punishment ◽  
Scientific Methods ◽  
Legal Norms ◽  
Theoretical Approaches ◽  
Analysis And Synthesis

The article examines the doctrinal (scientific) foundations of goal-setting in the institute of punishment, the evolution and modern content of the goals of punishment, theoretical approaches to their formation and connection with the conceptual provisions of the state's criminal policy, factors and criteria for goal-setting in criminal law. The analysis of the current state and prospects of regulation of the goals of punishment and their legal regulation is presented. Monuments of domestic law and modern Russian legislation, scientific literature on the topic of the work are the subject of the article. The purpose of the study is to identify the problems of compliance of the goals of punishment with the modern criminal policy of Russia on the basis of studying the legal nature, doctrinal base, and social conditionality of the goals of punishment. The methodological basis of the research was formed by the dialectical method, analysis and synthesis: comparative and legal; retrospective; formal legal; logical; comparative. Specific scientific methods were also used: legal-dogmatic and the method of legal norms interpreting. As a result of the work carried out, the doctrinal foundations, evolution and modern legal regulation of the goals of punishment were studied, a critical analysis of the modern goals of punishment was given, an approach to their transformation was proposed. These decisions will have a positive effect on the effectiveness of criminal punishment and Russia's criminal policy, will allow the rational allocation of the resources of the penal system without prejudice to its authority, and avoiding the excessive and sometimes impossible requirements to an employee of the penal system. Conclusions are made about the need for legislative reform of the concept of punishment goals. This problem is far from being a trifle one, since the effectiveness of judicial and criminal-executive activity depends on its solution. Key words: doctrinal foundations, goals setting, criminal punishment, criminal policy, evolution, legal framework, goals of punishment, state and prospects.

Sign in / Sign up

Export Citation Format

Share Document