scholarly journals To the question of the concept, origin and general provisions of subsidiary liability

Author(s):  
Svetlana Vladimirovna Mikhneva ◽  
Liudmila Vladimirovna Tatarenko
Keyword(s):  

The article discusses a wide range of developed approaches to the concept, legal nature and essence of subsidiary liability. It is concluded that the subsidiary liability should be understood as the obligation of the person bearing subsidiary liability to cover the debt of the principal debtor if the latter refuses to satisfy the creditor's claims.

Author(s):  
Василий Алексеевич Рудаев

Проблема борьбы с преступностью в современной России является одним из приоритетных направлений государственной политики страны, условием обеспечения ее национальной безопасности. Пенитенциарная преступность выступает составной частью общей преступности и по многим показателям зависит от нее. Общеизвестно, что в местах лишения свободы совершаются преступления. Данные факты свидетельствуют о серьезных недостатках в деятельности уголовно-исполнительной системы, особенно это показательно, если преступления совершаются в колониях-поселениях, контингент которых представлен осужденными за преступления по неосторожности или положительно характеризующимися осужденными, переведенными из исправительных учреждений других видов. В профилактике преступлений важное место занимает организация применения основных средств исправления осужденных, одним из которых является воспитательная работа. В ходе анализа нормативной базы, регламентирующей проведение воспитательной работы, мы пришли к выводу, что многие особенности деятельности колоний-поселений не нашли отражения на законодательном уровне. Считаем, что правовая природа колоний-поселений наделяет администрацию учреждения широким спектром возможностей при организации воспитательного воздействия. С учетом наблюдений практических работников, полученных в процессе интервьюирования, мы предложили ряд изменений в нормативные акты, которые регулируют воспитательную работу. Их внесение в законодательство, по нашему мнению, будет способствовать совершенствованию организации воспитательной работы с осужденными, что в свою очередь позволит снизить уровень преступности в колониях-поселениях. The problem of combating crime in modern Russia is one of the priority areas of the country's state policy, a condition for ensuring its national security. Penitentiary crime is an integral part of overall crime and depends on it for many indicators. It is common knowledge that in places of deprivation of liberty crimes are committed. These facts reveal serious shortcomings in the functioning of the penal system, especially when crimes are committed in penal settlements, where the population is represented by those convicted of crimes by negligence or those transferred there from correctional institutions with different regime due to their conscious conduct. In crime prevention the organization of the use of basic means of prisoners’ correction, one of which is educational work, takes an important place. In the process of the analysis of the regulatory framework governing educational work, we came to the conclusion that many features of the activities of penal settlements were not reflected at the legislative level. We believe that the legal nature of penal settlement gives the administration of the institution a wide range of opportunities in organizing educational impact. Taking into account the observations of practitioners obtained during the interview process, we proposed a number of changes to the normative base that regulate educational work. Their introduction into legislation, in our opinion, will contribute the improvement of the organization of educational work with prisonerss, which in turn will reduce the level of crime in penal settlements.


Author(s):  
Hill Steven ◽  
Favuzza Federica

This chapter provides a general overview of the types of international military headquarters (IMHQs) and their legal nature. IMHQs encompass a wide range of structures that are in use in the contemporary practice of States and international organifzations. States tend to find them attractive options for a variety of reasons, including the promotion of cooperation and coordination and the expression of shared political and/or military commitments. They can also be an important tool to help States address resource constraints, including by taking advantage of efficiencies gained through specialization and economies of scale. IMHQs all share the common characteristic of being in one way or the other ‘international’. Their nature varies widely, including with respect to their mission and their composition and structure. Because of this diversity, the chapter only discusses selected legal issues that tend to arise in connection with IMHQ and will likely arise in the future.


2020 ◽  
Vol 11 (87) ◽  
Author(s):  
Alexander Balobanov ◽  
◽  
Tatiana Honserovskaya ◽  

The article is devoted to the study of the legal nature of sea cruise and passenger transportation agreements, the legal regulation of these agreements at the international and national levels. The rights and obligations of the subjects of these agreements, the relevance of the study of this topic in our time are studied. The ratio of the legal organization of the contract of sea cruise and the contract of sea transportation of passengers is carried out. Common and different factors of comparative agreements are investigated. Along with this, the article examines the future priorities for the development of cruise tourism in Ukraine. The study was conducted on the example of existing Ukrainian companies providing cruise services. We considered the priorities and the need to develop cruise tourism based on a number of important factors. The most important of which is the growing demand of the population of Ukraine for cruise services as a type of recreation for tourism. This direction of development is relevant and possible in our country, as Ukraine has several dry rivers, such as the Dnieper and others. The exit of the Dnieper to the Black Sea opens up prospects not only for the creation of cruise tourism at the state level but also for cooperation with other states, as the focus of this agreement is to meet the consumer's need for recreation. For example, the Code of Merchant Shipping distinguishes between a cruise agreement and a contract for the carriage of passengers by sea. It is impossible to completely agree with the opinion expressed in KTM of Ukraine as the cruise contract is not just delivery of passengers from point A to point B, but also rendering of a wide range of thyristic services: food, medical, household, entertaining service product because during the cruise the passenger is not only transported, but also provide a range of services. The major problem and obstacle to the development of these agreements is the fact that in Ukraine there is no clearly regulated legislation that would delimit, regulate cruise tourism activities. Today, sea passenger traffic accounts for a small part of all traffic in Ukraine. This is due to the fact that such modes of transport as rail, road or air are faster, have a developed infrastructure and are able to fully meet the needs of the population in transportation. As for maritime transport, ships are more often used for tourist, cruising, is have a so-called cruise function.


2019 ◽  
pp. 259-294
Author(s):  
Barbara Bogusz ◽  
Roger Sexton

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the legal nature of the rights of co-owners. It covers the effect of imposing a trust upon co-owners; tenancy in common arising because there is an implied trust; ss 13–15 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996); bankruptcy of a co-owner; the modern position of husband and wife co-owners on a marriage break-up; rights of co-owners in equity; Law of Property (Joint Tenants) Act 1964; and co-ownership of registered land.


Author(s):  
Bamford Colin

The book examines a number of legal concepts developed in the common law world that form the foundation of the operation of international financial transactions. It does not deal with the detailed rules that govern financial transactions, but rather with the ideas that gave rise to the present rules and which, when those rules change, will underpin the new rules that replace them. The aim is not to give an academic analysis of detailed legal rules but to help practitioners better understand the rules with which they deal and where the rules came from. International finance is an area of legal practice that constantly changes. Legal practitioners can master that process of change only if they fully understand the principles and concepts on which the structure is built. The book is divided into eleven chapters dealing with a wide range of ideas; the legal nature of money; the meaning and mechanisms of payment; the relationship in common law between personal legal rights and rights of property; the nature of intangibles as property; the structure of international bond documentation; fiduciary duties in the general law and in financial markets; mechanisms of credit support; the nature of security interests; and the construction and interpretation of financial contracts.


Author(s):  
Barbara Bogusz ◽  
Roger Sexton

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the legal nature of the rights of co-owners. It covers the effect of imposing a trust upon co-owners; tenancy in common arising because there is an implied trust; sections 13 to 15 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996); bankruptcy of a co-owner; the modern position of husband and wife co-owners on a marriage break-up; rights of co-owners in equity; Law of Property (Joint Tenants) Act 1964; and co-ownership of registered land.


2020 ◽  
Author(s):  
Elena Galinovskaya ◽  
Elena Boltanova ◽  
Gennadiy Volkov ◽  
Galina Vyphanova ◽  
I. Ignat'eva ◽  
...  

The peculiarities of the modern spatial development necessitated the development of organizational, managerial and legal measures to reduce the risks of neighbourhood objects that have a negative impact on humans and the environment, as well as to strengthen the protection of especially dangerous or sensitive objects. Introduction to the Land code of the Russian Federation the concept of "zones with special conditions of use of territories" is one of the promising solutions to the above tasks and is aimed at ensuring sanitary and epidemiological welfare of the population, industrial safety, safety in operating all types of transport, defence and state security, environmental protection etc. The Handbook describes the concept and the legal nature of the zones with special conditions of use of territories as a new category, which should become a full part of fur- the mechanism of the land law regulation. Describes the evolution of national legislation on conservation and protection zones, the analysis of the regulation of similar zones in foreign legislation. Special attention is paid to General issues of the legal regime of these zones, the specifics of their establishment and accounting. Researched legal requirements for the adherence of all types of zones with special conditions of use. For practitioners and specialists in the field of state and municipal administration, scientific workers and lecturers of higher and secondary professional educational institutions, students, graduates, and also for a wide range of readers.


2022 ◽  
Author(s):  
Elena Kirillova

The monograph examines the features of the institute of administrative responsibility of minors in the Russian Federation, gives a general description of this institution, examines the concept, legal nature, features of this institution, classifies punishments applied to adolescents, and considers judicial practice. Special attention is paid to the proceedings in cases of administrative offenses of minors, the legal status of the commission on juvenile affairs and protection of their rights is investigated, the features of prosecutorial supervision in the proceedings of cases of administrative offenses of minors are considered. In conclusion, conclusions are drawn and recommendations for improving the current Russian legislation are proposed. For a wide range of readers interested in the issues of administrative responsibility of minors. It can be useful for students, postgraduates and teachers of law schools.


Author(s):  
R.W. Horne

The technique of surrounding virus particles with a neutralised electron dense stain was described at the Fourth International Congress on Electron Microscopy, Berlin 1958 (see Home & Brenner, 1960, p. 625). For many years the negative staining technique in one form or another, has been applied to a wide range of biological materials. However, the full potential of the method has only recently been explored following the development and applications of optical diffraction and computer image analytical techniques to electron micrographs (cf. De Hosier & Klug, 1968; Markham 1968; Crowther et al., 1970; Home & Markham, 1973; Klug & Berger, 1974; Crowther & Klug, 1975). These image processing procedures have allowed a more precise and quantitative approach to be made concerning the interpretation, measurement and reconstruction of repeating features in certain biological systems.


Author(s):  
E.D. Wolf

Most microelectronics devices and circuits operate faster, consume less power, execute more functions and cost less per circuit function when the feature-sizes internal to the devices and circuits are made smaller. This is part of the stimulus for the Very High-Speed Integrated Circuits (VHSIC) program. There is also a need for smaller, more sensitive sensors in a wide range of disciplines that includes electrochemistry, neurophysiology and ultra-high pressure solid state research. There is often fundamental new science (and sometimes new technology) to be revealed (and used) when a basic parameter such as size is extended to new dimensions, as is evident at the two extremes of smallness and largeness, high energy particle physics and cosmology, respectively. However, there is also a very important intermediate domain of size that spans from the diameter of a small cluster of atoms up to near one micrometer which may also have just as profound effects on society as “big” physics.


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