PROBLEMS OF OBSERVING THE BALANCE OF INTERESTS OF THE DEBTOR AND THE CREDITOR IN THE PROCESS OF THE ONLY HOUSING FORECLOSURE

2019 ◽  
Vol 5 (3) ◽  
pp. 37-43
Author(s):  
A.A. BLINOVA
Keyword(s):  
Balance Of Interests

On one event in the history of reforms in China

2017 ◽  
pp. 140-147
Author(s):  
A. Yakovlev
Keyword(s):  
Market Development ◽  
Market Reforms ◽  
Deng Xiaoping ◽  
Balance Of Interests ◽  
History Of ◽  
Party Congress ◽  
Chinese Reforms

The paper analyzes confrontation concerning continuation of market reforms between main groups in Chinese elite after Tiananmen in 1989 and collapse of USSR in 1991. It considers in details the ‘southern tour’ of Deng Xiaoping in early 1992 and its impact on the balance of interests in Chinese elites before the 14th party congress. The paper shows also the specifics of Chinese reforms which combine market development with creation of rents for main elite groups.

Problems of Legal Regulation in the Digital Space Relations

2020 ◽  
Vol 2 (2) ◽  
pp. 126-147
Author(s):  
A. N. Vashchekin ◽  
◽  
A. V. Dzedzinsky ◽  
Keyword(s):  
Theoretical Basis ◽  
Legal Regulation ◽  
Digital Environment ◽  
International Treaties ◽  
Digital Rights ◽  
Digital Space ◽  
Legal Method ◽  
Balance Of Interests ◽  
Basic Concepts ◽  
The Right

Introduction. The era of digitalization sets for researchers the task of systematizing the essential features of digital space, identifying the essence of the “right to the Internet” and the legitimacy of limiting the digital rights of citizens. Theoretical Basis. Methods. The authors studied the peculiarities of the digital environment as a specific integral area of legal regulation, the doctrine and legislation of several countries on the topic which determines the basis for the regulation of digital space in Russia. The formal legal method, synthesis, analysis, induction and deduction were used as research methods. Results. The wording of the basic concepts in the area under study is proposed: digital space, digital region, digital platform, etc. The measures to eliminate “digital wells” are indicated. The main properties of the information space and its derivatives are considered. The effects of any contradictions in the legislation of the country are shown. Discussion and Conclusion. As the study showed, the latest innovations in the legislation contravene the principle of the balance of interests, fail to meet the requirements of observing the rights of a person and citizen, and contradict the Constitution and international treaties of Russia. When comparing these measures with their foreign counterparts, a search was made for their potential shortcomings and proposals were presented on possible directions for their correction, taking into account the particular characteristics of digital space.

Balance of interests in copyright

1993 ◽  
Vol 19 (4) ◽  
pp. 319-319
Author(s):  
Tamara Eisenschitz
Keyword(s):  
Balance Of Interests

ON THE ISSUE OF FORECLOSURE ON A SINGLE RESIDENTIAL PREMISES UNDER A MORTGAGE AGREEMENT

2021 ◽  
Author(s):  
Татьяна Александровна Скворцова ◽  
Яна Валерьевна Кухмистрова
Keyword(s):  
Family Members ◽  
Legal Problems ◽  
Balance Of Interests

В статье рассматриваются правовые проблемы обращения взыскания на единственное жилое помещение по договору ипотеки. Проанализированы вопросы достижения баланса интересов кредитора и заемщика, а также защиты прав на жилище несовершеннолетних и недееспособных членов семьи заемщика. Сделан вывод о необходимости изменения положений законодательства об исполнительском иммунитете в отношении единственного жилого помещения. The article deals with the legal problems of foreclosure on a single residential premises under a mortgage agreement. The issues of achieving a balance of interests of the lender and the borrower, as well as the protection of the rights to housing of minors and incapacitated family members of the borrower are analyzed. It is concluded that it is necessary to change the provisions of the legislation on executive immunity in relation to a single residential premises.

Conditional Constructions: The Special Case of Modern Dutch mits

2009 ◽  
Vol 21 (2) ◽  
pp. 231-248
Author(s):  
Saskia Daalder
Keyword(s):  
Grammatical Analysis ◽  
Balance Of Interests ◽  
Special Case

As a contribution to research into conditional constructions, this article presents a novel analysis of the Modern Dutch construction defined by the conditional conjunction mits ‘provided that', a less frequent subordinating conjunction that differs in meaning from the main conditional conjunctions als and indien (both ‘if'). Using examples from a corpus of 300 text passages containing the construction, we discuss its syntactic and semantic characteristics. It is found that clauses introduced by mits are only appended as a condition to matrix expressions that imply the existence of some specific desirability. We discuss the general viability of the notion of desirability for grammatical analysis. In the interpretation of each instance of a mits-construction, the precise identity of the desirability concerned has to be determined, as well as its locus. This process makes knowledge available about a specific balance of interests of the communicators and other concerned parties. The Dutch mits-construction is thus found to lead the interpreter to understand details of configurations of diverging interests.*

scholarly journals BALANCE OF INTERESTS OF THE PARTIES IN RELATIONSHIPS ON PROVISION OF A CONSUMER CREDIT (LOAN)

2021 ◽  
Vol 1 (1) ◽  
pp. 142-149
Author(s):  
Лукьянцев Александр Анатольевич ◽  
Пономаренко Лидия Анатольевна
Keyword(s):  
Consumer Credit ◽  
Balance Of Interests

scholarly journals Problems of Ensuring a Fair and Cost-Effective Balance of Interests of the Parties to an Employment Contract in the Development of Atypical Employment (Based on the Analysis of the Norms of Chapter 53.1 of the Labor Code of the Russian Federation)

Lex Russica ◽  
2020 ◽  
pp. 148-158
Author(s):  
N. V. Chernykh
Keyword(s):  
Russian Federation ◽  
Professional Education ◽  
Cost Effective ◽  
Constitutional Court ◽  
Employment Contract ◽  
Balance Of Interests ◽  
Legal Position ◽  
The Russian Federation ◽  
Atypical Employment ◽  
Further Development

The paper analyzes the problems of ensuring a fair and cost-effective balance of interests of the parties to an employment contract in the development of various forms of atypical employment, including those revealed through the analysis of the norms on the provision of labor to employees (personnel). There are gaps in the legislation regarding the equal level of remuneration of transferred employees in comparison with the regular staff of the receiving party; the lack of opportunities to participate in collective-contractual setting of working conditions; inability to implement the employee’s right to training and additional professional education. The author examines the legal position of the Constitutional Court of the Russian Federation expressed in the decision of 19.05.2020 No. 25-P "On constitutionality test of Art. 59 part 1 para. 8 of the Labor Code of the Russian Federation in connection with the complaint of I. A. Sysoev" regarding the conclusion of a fixed-term contract with transferred to other employers’ workers. The author concludes that the norms of Chapter 53.1 of the Labor Code of the Russian Federation do not provide a fair and cost-effective balance of interests of the parties to the employment contract in the development of atypical employment. They may seem effective and useful to employers who use their own employees’ labor to minimize staff costs, but this efficiency is imaginary as it is based on short-term benefits and savings on the development of the organization in the future. In this regard, further development of both legislation and law enforcement practice should be based on ensuring a truly equal status of the regular employees and employees engaged by the employer under the contract for the provision of labor to employees (personnel). In the course of the research, the need to make changes to the Labor Code of the Russian Federation is justified.

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