GUARANTEES OF CONTRASIGNATION IMPLEMENTATION

2017 ◽  
Author(s):  
Oleg Sushko ◽  
Keyword(s):  
Systematic Approach ◽  
Public Law ◽  
Administrative Reforms ◽  
Judicial Practice ◽  
The Creation ◽  
Court Proceedings ◽  
Definition Of ◽  
Judicial Protection

The article clarifies the definition of the "guarantee of the implementation of countersignature". Following a systematic approach, it was stated that there are general and special guarantees for the implementation of countersignature. The division of special guarantees for the implementation of countersignatures into regulatory and organizational. Special attention in the system of organizational guarantees is paid to judicial protection. It has been established that disputes arising on countersignature issues are public law disputes between participants in public law relations, the solution of which is the task of administrative court proceedings. Based on the analysis of judicial practice in this category of cases, it was determined that the creation of an effective judicial mechanism to protect against violations by the authorities is one of the key tasks of both judicial and administrative reforms.

scholarly journals THE CONSTITUTIONAL RIGHT TO QUALIFIED LEGAL ASSISTANCE AS GUARANTEE OF JUDICIAL PROTECTION: QUESTIONS OF THEORY AND PRACTICE

2020 ◽  
Author(s):  
А.Ю. Гусев
Keyword(s):  
Social Security ◽  
Theory And Practice ◽  
Legal Assistance ◽  
Judicial Practice ◽  
The Social ◽  
The Russian Federation ◽  
Constitutional Right ◽  
Definition Of ◽  
Judicial Protection ◽  
Made In

В статье с приведением примеров из судебной практики доказывается тезис о том, что квалифицированная юридическая помощь является гарантией эффективной судебной защиты в области социального обеспечения граждан. Предложено авторское определение понятия «квалифицированная юридическая помощь», приводятся аргументы в пользу повышения финансовой заинтересованности адвокатов при оказании бесплатной юридической помощи, предлагаются пути оптимизации социально-обеспечительного законодательства РФ. The article with examples from judicial practice proves the thesis that qualified legal assistance is a guarantee of effective judicial protection in the field of social security of citizens. The author's definition of "qualified legal assistance" is proposed, arguments are made in favor of increasing the financial interest of lawyers in providing free legal assistance, and ways to optimize the social security legislation of the Russian Federation are suggested.

New Problems in Banking

2011 ◽  
pp. 109-129
Author(s):  
Enid Mumford
Keyword(s):  
Organizational Structure ◽  
Case Studies ◽  
Fast Moving ◽  
Systematic Approach ◽  
White Collar ◽  
Management Of Change ◽  
The Past ◽  
The Creation ◽  
Definition Of

In the last three case studies there has been a logical progression through the management of change, considering first the definition of the problem; second, the development of a strategy for handling it; and third, the creation of an appropriate organizational structure. But, in today’s fast-moving world, there are many situations in which it is difficult to carry out this systematic approach. For example what do we do if change involves a technological jump, bringing with it new problems and challenges which have not been experienced before and which are poorly understood? This happened to white-collar work in the next case study. It has also happened many times in the past and is likely to happen many times in the future.

scholarly journals An Institution of Liability for Causing Harm: A Current State and Ways of Improvement

2020 ◽  
Vol 1 (12) ◽  
pp. 43-52
Author(s):  
L. K. Ostrikova
Keyword(s):  
Civil Law ◽  
Public Law ◽  
Public Authority ◽  
Tort Liability ◽  
Criminal Proceedings ◽  
Judicial Practice ◽  
Current State ◽  
Definition Of ◽  
Damages And Losses

The concept of harm has been examined in the context of the current legislation, doctrine, judicial practice. The paper has determined characteristic cases of causing harm to the participants of relations regulated under civil law. It is concluded that the absence of a legal definition of the concept of harm has resulted in the confusion of the legal categories “causing harm” and “causing damages” as a condition for tort liability in public law and judicial practice. The author has given her own classification of types of harm and determined classification of property damage. The paper has clarified the content of the concept of non-property (reputational) harm caused to a legal entity. The paper has carried out a comparative study of the concepts harm, damages, and losses. It is causing harm rather than causing damages that gives rise to tort liability. The paper has examined the problems of application of rules on recovery of caused damages. The paper analyzes the subinstitution, namely, obligations arising as a result of harm caused by acts of public authority in the field of public administration and law enforcement. The author has determined the features of tort liability conditions for damage caused by state authorities, local selfgovernment bodies and their officials and peculiarities of their subject composition. Attention is drawn to the civil law nature of binding legal relations arising as a result of harm in the field of criminal proceedings. The author has determined the features of tort liability for damage caused by officials during criminal procedural activity, subject composition of a tort obligation. It is proposed to introduce a defining norm of the concept harm as a generic concept and norms on specific division of harm. It is proposed to make a number of changes and additions to the subinstitution of obligation due to damage by acts of public authority.

scholarly journals On Competition in Public Law Proceedings

2020 ◽  
pp. 75-78
Author(s):  
Darya Olegovna Yefremenko
Keyword(s):  
Legal Regulation ◽  
Public Law ◽  
Legal Process ◽  
The Public ◽  
Judicial Practice ◽  
Legal Principle ◽  
Court Proceedings ◽  
Goals And Objectives ◽  
Rela Tions

The analysis of the materials of judicial practice shows a large number of violations of the principle of competition in the processes related to the public law type. In addition, there are widespread cases of non-compliance by state bodies and officials, both at the pre-trial stages and in court proceedings. The paper focuses on the public legal process, considers its goals and objectives in the mechanism of legal regulation, dwells upon the composition of partici-pants, their interests, as well as the means used to resolve a legal dispute. Based on the specifics of the branch research on competition, most modern sci-entific works consider its existence in the procedural sphere exclusively as a legal principle. This circum-stance actualizes the study of public types of the process based on the understanding of competition as a phenomenon that has a variety of forms of manifestations. The peculiarity of public law rela-tions allows the author to talk about the specificity of the expression of competitiveness in the jurisdic-tional process of the type under consideration, to establish the ratio of its main elements in it, and also to characterize the existing forms.

scholarly journals The Subject of the Prosecutor's Activity in Court Proceedings on Cases Involving Changing a Convict’s Type of Correctional Institution

2020 ◽  
Vol 17 (3) ◽  
pp. 377-385
Author(s):  
Nikolai Tyufyakov ◽  
Andrei Khomyakov
Keyword(s):  
Legal Status ◽  
Correctional Institution ◽  
Main Research ◽  
Constitutional Principle ◽  
Judicial Practice ◽  
Legitimate Interests ◽  
The Subject ◽  
Court Proceedings ◽  
Definition Of ◽  
The Individual

The relevance of the work consists in the clearest definition of the subject of Prosecutor's supervision when the court considers materials on changing a convict’s type of correctional institution. The Prosecutor's office's supervision of the execution of sentences in places of deprivation of liberty should be aimed at unconditionally observing the rights and legitimate interests of persons serving criminal sentences, however, there are still serious problems in correctional institutions that negatively affect the implementation of the tasks and goals of criminal punishment. The reason for this is still cases of “superficial” and non-professional approach to the study of the personality of convicts who are subjects of legal relations that occur when their behavior changes (in a positive or negative direction) in places of deprivation of liberty. The Prosecutor's supervision and its activities in this regard are considered as one of the guarantees of the rights of convicts to improve their legal status, which fully implements the constitutional principle of respect for the dignity of the individual, humanism, justice and the rule of law. The materials of Prosecutor's checks, judicial practice, analysis of statistical materials, materials of dissertations, monographs and journals included in the international global scientific databases studied in the course of the research allowed us to determine the most effective ways to solve the problems considered. These include the need for direct, timely and step-by-step participation of prosecutors in this process, as well as high requirements for their professional and personal qualities. The selection and analysis of these factors allowed the authors to determine in detail the subject of the Prosecutor's activity in the mentioned study – it is an active and qualified activity of the Prosecutor (Prosecutor's supervision) in the field of criminal enforcement legislation, aimed at identifying, preventing (preventing) and eliminating violations of the rights and legitimate interests of convicted persons serving a sentence of imprisonment. The main research methods used were: analysis of theoretical and regulatory sources; comparison; generalization and analysis of documents. Their application allowed the author to analyze the subject in question in the relationship and interdependence of its constituent elements, their integrity, comprehensiveness and objectivity.

scholarly journals The Establishment of a System of Administrative Courts in the Republic of Uzbekistan: Issues and Prospects

Russian judge ◽  
2020 ◽  
Vol 10 ◽  
pp. 31-35
Author(s):  
Oleg V. Brezhnev ◽  
Keyword(s):  
Law Enforcement ◽  
Public Law ◽  
Judicial Reform ◽  
Territorial Organization ◽  
The Creation ◽  
Administrative Courts ◽  
Court Proceedings ◽  
The Republic ◽  
Administrative Justice

One of the most significant results of the judicial reform that took place in 2017 in the Republic of Uzbekistan is the creation of a system of administrative courts empowered to consider cases arising from public law relations. The article shows the specificity of the model of administrative justice that has developed in this state, as well as the peculiarities of the procedure for considering administrative cases in Uzbekistan. Based on the analysis of legislation and law enforcement practice, a set of measures is proposed to further improve the system of administrative courts and administrative court proceedings in Uzbekistan: change in the territorial organization of courts; exclusion of the possibility of one court to act as different instances in a specific administrative case; clearer regulation of the rules of jurisdiction, etc.

scholarly journals THE LEGAL NATURE OF THE INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES (ICSID)

2017 ◽  
Vol 3 (4) ◽  
pp. 106-113
Author(s):  
Мадина Цирина ◽  
Madina Tsirina
Keyword(s):  
Dispute Settlement ◽  
International Agreements ◽  
Public Law ◽  
Foreign Investments ◽  
Foreign Investors ◽  
Diplomatic Protection ◽  
Legal Nature ◽  
International Body ◽  
Definition Of ◽  
Judicial Protection

The article discusses the criteria of the definition of «investment» and protecting the rights of foreign investors (diplomatic protection, judicial protection). Special attention is paid to questions of investment dispute settlement in the framework of the International center for settlement of investment disputes (International Centre for Settlement of Investment Disputes, ICSID) under the Convention on the settlement of investment disputes between States and natural and legal persons of other States 1965 (Washington Convention 1965), the competence of which is the resolution of legal disputes arising from relations connected with foreign investments, that is, relations between a foreign person (investor) and the state. The author provides a detailed analysis of the Washington Convention of 1965, concluded that its provisions cover how to operate an international legal institution (ICSID), as well as regulate the procedure of the settlement of investment disputes. It is noted that, despite the fact that the arbitration and conciliation used in the resolution of investment disputes, based on the norms of international public law, established under the Washington Convention of 1965 on settlement of investment disputes (ICSID), is an international body and the rules of dispute resolution are contained in the text of the international agreements – the Washington Convention of 1965, which is intended to apply precisely to private law disputes.

Compensation for Infringement of Copyright and Related Rights: Essence and Primary Functions

2020 ◽  
Vol 5 ◽  
pp. 34-40
Author(s):  
N. V. Buzova ◽  
◽  
R. L. Lukyanov ◽  
Keyword(s):  
Russian Federation ◽  
Research Method ◽  
Comparative Law ◽  
Civil Code ◽  
Judicial Practice ◽  
Legal Remedy ◽  
Legal Nature ◽  
The Russian Federation ◽  
Judicial Protection ◽  
Exclusive Right

The Civil Code of the Russian Federation provides an opportunity to the rightholder in case of infringement of his exclusive copyright and related rights to demand in court instead of compensation for damages incurred by him to pay compensation. In most cases, when the rightholder applies for judicial protection of his violated rights, he requires the recovery of compensation. This article discusses the legal nature of compensation as a legal remedy of an exclusive right and its primary functions. When writing an article, a comparative law research method is used. As a result of the analysis of russian and foreign legislation, as well as judicial practice, it was found that compensation, in addition to restorative, also has a preventive function and can be considered an analogue of statutory damages.

On the Problems of Acts Qualification as Violations of Antimonopoly Legislation in Administrative and Judicial Practice

2020 ◽  
Vol 10 ◽  
pp. 62-69
Author(s):  
К. А. Pisenkо ◽  
Keyword(s):  
Russian Federation ◽  
Point Of View ◽  
Judicial Practice ◽  
Illegal Acts ◽  
The Russian Federation ◽  
Definition Of

The article is devoted to defining the main approaches to classifying acts as violations of аntimonopoly legislation. On administrative and judicial practice discusses current issues and problems of definition of illegal acts, both from the point of view of antimonopoly regulation, and the delineation of antimonopoly violations and violations of other mandatory requirements established by the legislation of the Russian Federation.

CRITERIA FOR ASSESSING THE EFFECTIVENESS OF THE JUDICIAL SYSTEM

2021 ◽  
Author(s):  
Mariana Khmyz ◽  
Keyword(s):  
Judicial System ◽  
Criteria And Indicators ◽  
Legal Proceedings ◽  
Judicial Practice ◽  
The Creation

Based on the study and generalization of the judicial practice of Ukraine, the article reveals the features of assessing the effectiveness of the courts, presents a system of criteria and indicators of the effectiveness of legal proceedings, which will contribute to the creation of a perfect judicial system, and on the basis of this formulated the appropriate conclusions.

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