scholarly journals Civil law aspects of the regulation of cosmetology services

2018 ◽  
Vol 6 (1) ◽  
pp. 1-1
Author(s):  
Армине Мограбян ◽  
Armine Mograbyan
Keyword(s):  
Complex Analysis ◽  
System Analysis ◽  
Civil Law ◽  
Legal Regulation ◽  
Medical Law ◽  
External Appearance ◽  
Surgical Services ◽  
Legal Method ◽  
General Object

In the current legislation there is no concept of cosmetology services, in science there is also no consensus on their content. In connection with this, the author sets the goal to investigate this concept as a private-law category, to determine its content and specifics. The main methods of the study were a comparative legal method and a method of system analysis. Results of the study. A complex analysis of private legal acts containing norms regulating cosmetology services as well as relations arising in the course of their provision is carried out. Various scientific positions in the field under study are examined, and as a result, the content of cosmetological services is determined, and their classification is carried out. Based on the analysis of the current legislation in the field of health, the specificity and correlation of such categories as "cosmetology services" and "cosmetic services" are defined. The main feature of cosmetic services is revealed, which is connected not with violation of the integrity of the human skin, but only with hygienic care of the external appearance. As a result of the study, it was concluded that the object of regulation of both cosmetological and cosmetic services is the appearance of a person. But, despite the general object of regulation, these are different concepts, because cosmetology services, unlike cosmetic services, are a kind of medical. In addition, the author carried out a classification of cosmetology services, which include therapeutic (curative) and surgical (operational) services. Surgical services, in turn, are divided into the following varieties: mandatory, at the request of the patient, rehabilitation and reconstructive. Scope of the results obtained. The results of the research can be applied for the purposes of private legal regulation of relations that arise in the process of providing cosmetology services, when lecturing, developing educational and methodological aids in civil and medical law, teaching legal disciplines related to the activities of medical organizations, as well as in lawmaking when making changes in the current legislation.

Features of the legal status of subjects of Civil Law

2021 ◽  
Vol 28 (2) ◽  
pp. 181-188
Author(s):  
Iryna I. Banasevych ◽  
Ruslana M. Heints ◽  
Mariia V. Lohvinova ◽  
Oksana S. Oliinyk
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Historical Analysis ◽  
Legal Regulation ◽  
The State ◽  
Roman Law ◽  
Historical Method ◽  
Legal Method ◽  
Definition Of ◽  
Legal Entities

Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical issues related to the subjects of civil law. The above issues determine the relevance of the study of the features of the legal status of subjects of civil law. The purpose of the study is to investigate the features of the legal status of subjects of civil law based on doctrinal and legislative analysis. The study is based on a systematic approach, which lies in studying a complex system of relationships between subjects of civil law. Furthermore, the study is based on the laws and principles of dialectics, which contribute to the study of the legal status of the subjects of civil law. Systemic and structural-functional analysis was used to comprehensively describe the legal status of subjects of civil law. The historical method contributed to the study of the evolution of research on the subjects of civil law. The formal legal method helped identify the special features of the provisions of regulations concerning the subjects of civil law. With the help of the comparative legal method, the study analysed the provisions of the Civil Code of Ukraine in terms of regulation of subjects of civil law and such regulation was compared with other countries. The study defined the concepts and types of subjects of civil law and considered the features of the legal status of individuals, legal entities, as well as the state as a special participant of civil law. Special attention was paid to the historical analysis of the development of approaches to the definition of subjects of law, starting with Roman law

scholarly journals RUSSIAN LAW OF OBLIGATIONS REFORMED: THE CONSEQUENCES FOR THE INSTITUTE OF DAMAGES (LOSSES)

2021 ◽  
pp. 689-698
Author(s):  
Y. E. Monastyrsky ◽  
Keyword(s):  
Russian Federation ◽  
System Analysis ◽  
Civil Law ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Civil Code ◽  
Legal Provisions ◽  
The Russian Federation ◽  
Russian Law ◽  
Practice Methods

Introduction: of all the instruments of protection of subjective property rights, the fundamental role belongs to the institute of indemnification, whose regulatory framework needs to be clarified. The purpose of this paper is comparative description of the important legal aspects of the main type of property liability. In accordance with the purpose, the following objectives were set: to determine the extent to which legal provisions of general regulations on obligations laid down in the Civil Code of the Russian Federation should or can be applied to claims for damages; to formulate the proposals for improving the indemnification court practice. Methods: the methodological framework of the study consists of specific scholarly (special legal, comparative legal) and general scholarly (problem-theory, teleological, and system) methods of analysis. The main trends in the development of the institute of liability and the debatable aspects reflected in the Russian and foreign documents were studied with the use of the problem-theory and system analysis methods. Results: being a summary overview of the available knowledge and comparative regulatory material, this paper allowed us to articulate the ideas aimed at improving the fundamental principles of legal regulation of relations in the sphere of protection of subjective rights, in particular indemnification. Discussion: indemnification is a developing major institute of civil law, invariably attracting the attention of scholars around the world. Lately it has taken on special significance and some of its aspects have become a focus of a separate field of scholarly discussion. Many Russian scholars have written about indemnification in a comparative aspect: О. N. Sadikov, V. V. Baibak and others [2, 15]; this paper focuses on the reform of Russian law of obligations and the new provisions of the Civil Code of the Russian Federation of March 8, 2015 and reveals the consequences of the reform for the institute of damages, discussing this topic in detail as a separate standalone issue. Conclusion: we hope that this paper will contribute to further discussion in the civil law doctrine of the ideas and conclusions presented.

scholarly journals The fate of groundwater: a lawyer’s point of view

2021 ◽  
Vol 244 ◽  
pp. 12004
Author(s):  
Dmitry Sivakov ◽  
Yury Truntsevsky ◽  
Roman Osokin ◽  
Sergey Belyasov ◽  
Oleg Karpovich
Keyword(s):  
Legal Status ◽  
System Analysis ◽  
Legal Regulation ◽  
Point Of View ◽  
Water Bodies ◽  
European Union Law ◽  
Use Of Data ◽  
Legal Method ◽  
Study Process ◽  
Subterranean Water

The study of the provisions of various branches of Russian law and practice of law enforcement (judicial), which in different ways express the complex legal status of subterranean water bodies. During the study process of the considered question the following general and private methods of scientific cognition of the real and objective reality were applied: dialectical, logical and legal, statistical, system analysis, specific sociological, and professional methods of research. The peculiarity of the authors’ methodology is the use of data of natural science, as well as data of economic or technical properties, based on which legal ideas are developed. The comparative legal method of research is applied. The authors have analyzed, summarized, and synthesized the main approaches to the legal regulation of relations concerning groundwaters. The main provisions and proposals are compared with the domestic legislation and European Union law, its individual members (for example, Croatia). The example of the law of the state of Texas USA is given. Step by step, the legal status for the use and protection of subterranean water bodies has evolved into a qualitatively new phenomenon that absorbs all previous legal approaches and principles.

scholarly journals Legal consequences of an excess of the property’s owner in the Civil Law in Russia and Germany

2019 ◽  
Vol 15 (2) ◽  
pp. 38-44
Author(s):  
A. A. Shcherbakov
Keyword(s):  
Systems Analysis ◽  
Legal Status ◽  
System Analysis ◽  
Civil Law ◽  
Practical Result ◽  
Property Relations ◽  
Legal Method ◽  
Bona Fide ◽  
The Russian Federation ◽  
Legal Consequences

Introduction. The article based on the methods of systems analysis and comparative law studies the legal consequences of the impossibility for the proprietor to return the thing requested by the owner as a result of the loss of the latter. The concept of “excess” in the civil law of Germany is discussed. The issue of competition of claims in the recovery by the owner of property from someone else’s illegal possession is resolved. The legal status of a bona fide and unfair proprietor in the event of “excess” in Russia and Germany is considered.Materials and Methods. The main methods of this study are the system analysis of legislation, the analysis of scientific literature, and the comparative legal method of research.Results of the Study. The main conclusion is the absence of a systemic and fair regulation of the position of a bona fide proprietor in Russia who is not able to return the thing to the owner in kind. The consequence of this is a violation of the balance of interests of the owner and the proprietor of the thing. The practical result of the study is a series of proposals for amending the institutions of vindication and unjust enrichment in the Civil Code of the Russian FederationDiscussion and Conclusion. Regulation of property relations requires the obligatory observance of the balance of rights not only of the participants of relations, but also of society and the state. Imbalance can lead to unjustified infringement of the rights of participants in legal relations.

scholarly journals SPECIAL APPROACHES TO ALLOCATION OF TYPES OF SERVITUDES FROM THE ACCOUNTING POSITIONS

2019 ◽  
Vol 4 (5) ◽  
pp. 53
Author(s):  
Iryna Hrytsai ◽  
Oleksandr Yunin ◽  
Antonina Matsola
Keyword(s):  
Property Rights ◽  
Intangible Assets ◽  
Civil Law ◽  
Legal Regulation ◽  
Coherent System ◽  
Corporate Rights ◽  
Legal Method ◽  
Material Component ◽  
Land Relations ◽  
The Individual

Articulation of issues. A number of bases, positions, which previously were recognized as the only correct and irrefutable, served as the foundation of legal regulation of civil relations. But now they do not fully correspond to modern tendencies in the development of civil law science. That is why, today, it should be mentioned about the formation of a new doctrine, which can meet the requirements of the formation and development of the rule-of-law state. In such conditions, it is obvious that the scientific and theoretical study of individual approaches to the allocation of types of servitudes from the standpoint of accounting will contribute to the improvement of civil-law relations, to the formation of a clear and coherent system. At the same time, the variety of scientific views about types of way-leaves constantly encourages the implementation and improvement of scientific research in the field of property rights for someone else’s property. In this context, the issue of the implementation of contractual, inheritance, and land relations for servitudes becomes very important and necessary. Also, another important question is: Are specific legislative approaches to allocation of servitudes on the basis of specific features fixed in legislation or not? Has the legislator stopped only on land and personal servitude? The aim of the article is to study the theoretical and legal possibilities and approaches to the allocation of way-leaves on the basis of specific features from the standpoint of accounting and jurisprudence. Also, another aim is to attract the attention of legal scholars to possible further scientific researches on the introduction of this phenomenon in modern civil legislation of Ukraine. The subject of the study is the individual approaches to the allocation of types of servitudes from the standpoint of accounting. Methodology. The research is based on the analysis of legal acts, which are connected with legal regulation of way-leave relations in Ukraine. On the basis of the comparative legal method of investigation of certain provisions of Ukrainian legislation, the possibilities and limits of the use of types of servitudes in contractual hereditary and land relations are determined. Results of this study have shown that special approaches to the allocation of way-leaves on the basis of specific features in Ukraine are in a real legal vacuum. Such a conclusion is based on the lack of legislative clarification and consolidation of other types of servitudes, which are not connected with the material component. Thus, property rights under the Tax Code of Ukraine are intangible assets, and the provisions of the Civil Code of Ukraine consolidate the material constituent of real rights to someone else’s property. From the standpoint of accounting, we can talk about the presence of intangible servitudes that are associated with the recognition and accounting of intangible assets. If this gap will be solved, then we can talk about the revision of the characteristics of way-leaves, relying on the positions of other branches of law. Practical impact. The idea that certain positions of intangible servitude are contained in national law is rather necessary and expedient. So, we can talk about corporate rights as a person’s rights, the share of which is determined in the statutory fund (property) of a business organization. These rights include the competence to participate in the management of a business entity, obtaining a certain percentage of profits (dividends) of this organization and assets in case of liquidation of it in accordance with the law, as well as other powers provided by law and statutory documents and, for example, the rights to use websites, or aspects of commercial secrecy. Correlation/originality. An analysis of the possible use of other types of way-leaves than those, which are enshrined in civil law in contractual, inheritance, land relations can become the basis for developing the most promising directions for the development of domestic civil law in this area and improving the civil law doctrine.

CURRENT ISSUES OF CIVIL LEGAL REGULATION OF OBLIGATIONS: THE CONCEPT, BASIS OF ORIGIN AND TYPES

2020 ◽  
Author(s):  
Irina Tischenko ◽  
Artur Bilinskiy
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Common Phenomenon ◽  
Integral Element

In the article, the authors consider the most common phenomenon in civil circulation — the obligation. The study examines the basis for the occurrence of obligations and discloses their characteristics. The authors have studied and given an extensive classification of obligations in civil law. As part of the study, the authors conclude that obligations are an integral element of civil law, which has its own characteristics and features.

Recodification of the Civil Code of Ukraine and modernisation of the Civil Code of the Republic of Kazakhstan: A comparative analysis of the main ideas

2021 ◽  
Vol 28 (4) ◽  
pp. 190-199
Author(s):  
Nataliia S. Kuznietsova ◽  
Maidan K. Suleimenov ◽  
Farkhad S. Karagusov
Keyword(s):  
System Analysis ◽  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Current State ◽  
Clear Guideline ◽  
The Republic ◽  
Civil Codes ◽  
Historical Comparative ◽  
Main Ideas

Systematic updating of the civil legislation of Ukraine and modernisation of the civil legislation of the Republic of Kazakhstan are time-consuming tasks as evidenced by the analysis of changes that were made to the civil codes of Ukraine and the Republic of Kazakhstan and their law enforcement practice. Work on updating civil legislation requires an assessment of the current state and prospects of socio-economic development of Ukrainian society and the state, in particular the development of such an important component as the national legal system, which is presented in the concept of updating the Civil Code of Ukraine. It is crucial that the main areas of the concept orient the development of civil law in Ukraine, considering the current experience of recodification of civil codes of other states within the continental legal family. Considering that civil legislation is also being modernised in the Republic of Kazakhstan, the purpose of this study is to compare the main ideas of recodification of the Civil Code of Ukraine and modernisation of the Civil Code of the Republic of Kazakhstan to establish a systematic approach and a unified concept for the development of civil law and form a clear guideline for the improvement of civil legislation. The study analyses the areas of updating the civil legislation of Ukraine and the Republic of Kazakhstan based on both general (historical, comparative, system analysis) and special (specific-sociological, formal legal, legal-technical, etc.) methods. One of the most reasonable ways to ensure continuity of legal regulation of civil relations and ensure the modernisation of the legal basis for the development of the sphere of social and legal relations in the long term is the approach that should preserve all the achievements of existing civil codes, considering modern European approaches and the specific features of civil and business turnover

PROBLEMS OF LABOR LEGISLATION: KYRGYZSTAN UNDER COVID-19 PANDEMIC (COMPARATIVE ANALYSIS WITH THE RUSSIAN LEGAL REGULATIONS)

2020 ◽  
Vol 6 (4) ◽  
pp. 214-227
Author(s):  
Kubanychbek S. RAMANKULOV
Keyword(s):  
Legal Status ◽  
System Analysis ◽  
Labor Relations ◽  
Legal Regulation ◽  
Kyrgyz Republic ◽  
Remote Work ◽  
Labor Regulation ◽  
Legal Method ◽  
Labor Legislation ◽  
Significant Addition

The situation caused by the spread of COVID-19 has become one of the serious challenges that have manifested themselves, in particular, in the field of legal regulation of social and labor relations, which continues to remain insufficiently studied. This article aims to fill in this lacuna and consider the effectiveness of the main institutions of labor legislation in the event of a coronavirus pandemic. The performed analysis allowed rationalizing a significant addition and clarification of the conceptual apparatus of the labor legislation of the Kyrgyz Republic (KR), which is used in labor regulation under COVID-19 conditions. At the same time, the results show that the lack of a number of basic norms in the legislation, in fact, prevent from establishing the legal status of persons in the labor sphere who are in restrictive/quarantine conditions. An analysis of the basic norms related to the institutions of labor legislation showed a clear insufficiency of their legal capacity to regulate labor relations in the context of the COVID-19 pandemic. For the first time, on the basis of the comparative legal method, the problem of establishing new rules outside the labor legislation in Russia and Kyrgyzstan was identified, when the regulation of labor and relations directly related to them in both countries in the context of the COVID-19 pandemic moved to the sectoral (departmental) and local levels, including through acts of application of law (in Kyrgyzstan). Everywhere during the pandemic, employers in both countries transferred to remote work, which is not provided for by labor legislation. The author justifies the prospect of the proposal to subsequently separate out individual chapters in the labor codes of Russia and Kyrgyzstan, which provide for the specifics of labor regulation in an emergency (provisions). The main methods used in the article are the means of system analysis and the comparative legal method for studying the problems of labor legislation in Kyrgyzstan and Russia in terms of analyzing its current state and ensuring effective implementation in the context of the COVID-19 pandemic.

scholarly journals The Civil Law Principle of Cooperation in the Continental Law Doctrine: Extension Beyond Contractual Legal Relations

2021 ◽  
pp. 346-371
Author(s):  
A. A. Fedoseev ◽  
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Timely Manner ◽  
Scientific Methods ◽  
Property Relations ◽  
Contractual Obligation ◽  
Legal Method ◽  
Special Scientific ◽  
General Scientific ◽  
Contractual Relations

Introduction: the article analyzes the possibility of the civil law principle of cooperation being implemented in various types of relations under civil law. Traditionally, the cooperation principle is considered in both Russian and foreign literature as the principle of fulfillment of a contractual obligation or as a group of additional obligations imposed on the parties to the contract and arising from the good faith principle. A more detailed consideration of the idea if cooperation allows us to draw a conclusion about the feasibility of this principle in other types of relations under civil law. Purpose: to justify the possibility of the cooperation principle being implemented in civil law relations other than contractual relations, namely in property legal relations, pre-contractual legal relations, and obligations from causing harm (protective legal relations). Methods: general scientific dialectical method; special scientific methods such as the method of comparative law, the technical method, the legal-dogmatic method, the historical-legal method. Results: analysis of legal regulation of such relative legal relations as contractual, pre-contractual, and protective, as well as property legal relations as a form of absolute legal relations, has shown that the cooperation principle is successfully implemented in these types of legal relations. Therefore, it is possible to consider this principle to pertain to the branch of civil law as a whole. Conclusions: the cooperation principle performs two functions: first, based on this principle, it is possible to achieve the purpose of civil law relations in a more effective way; second, this principle serves as a mechanism to overcome unforeseen circumstances that prevent the purpose of legal relations from being achieved. These functions are carried out in all the types of legal relations considered: in contractual relations – when there arise obstacles to the performance of a contract not specified in the contractual provisions; in pre-contractual relations – when there arise obstacles to achieving the purpose of negotiations (i.e. conclusion of a civil law contract); in protective relations – when there is a risk of an increase in harm or a risk of inability to fully reimburse damage in a timely manner; in property relations – when there occurs an accidental loss of a thing by the rightsholder.

scholarly journals Award policy: types of awards for the municipal authorities

2020 ◽  
Vol 4 (2) ◽  
pp. 85-98
Author(s):  
Ekaterina S. Shugrina
Keyword(s):  
Russian Federation ◽  
System Analysis ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Policy Types ◽  
Municipal Level

The subject of the research is the establishment and application of official awards at the municipal level of government, including award legislation and the practice of its application. The purpose of the article is to confirm or disprove the hypothesis of an existence of an award policy and system of awards for the municipal level of government in Russia. The methodological basis of the research is the general scientific dialectical method of cognition (such as methods of analysis and synthesis, abstraction and concretization, induction, deduction and analogy), as well as the method of monitoring of legal acts, historical and legal method, system analysis. The main results of the research. A comprehensive analysis of existing regulations and description the general contours of the award policy for the municipal level of government were made. The following classification of awards applicable to municipal authorities can be distinguished. By type of award: honorary titles, medals, distinctions and incentives, as well as grants and prizes. Depending on the subject that establishes the award: state, municipal or public awards; moreover, you should distinguish between awards established by a public legal entity (award of the Russian Federation, of the constituent entity of the Russian Federation, a municipality) or a separate public authority. Depending on the subject receiving the award (the awarding subject): awards that are established both for the municipality as a whole, and for individual officials or other employees of local self-government bodies; a separate category consists of awards provided for the territorial bodies or their representatives. Currently, there is no single document outlining the system of awards of the Russian Federation. Conclusions. Monitoring of normative legal acts of local self-government bodies has shown that it is quite rare to find documents that regulate the award policy of a municipality. There is practically no award policy for local government bodies or their officials, as well as awards for contributions to the development of local self-government.

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