scholarly journals Settlement and Release in European Legislation

2020 ◽  
Vol 89 (2) ◽  
pp. 61-68
Author(s):  
V. V. Rasskazova
Keyword(s):  
Civil Law ◽  
Practical Significance ◽  
The European Union ◽  
Main Method ◽  
Legal Norms ◽  
Legal Method ◽  
New Directions ◽  
The Subject ◽  
Flexible Instruments

Since the current contractual practice demonstrates the active use of settlement and release construction by the parties of civil legal relations as one of the most flexible instruments of termination of an obligation, the issue of ensuring unity in the interpretation and practice of this legal institution remains relevant. The subject matter of this study is the norms of civil law of different Member States of the European Union, and the purpose is the study of the conceptual approaches of other states to the legislative consolidation of settlement and release structure, its recognition as one of the ways to terminate the obligation and specific features of the interpretation and application of this institution that will make it possible to enlarge the view on the essence and role of settlement and release within the system of grounds for the termination of civil obligation and national contractual practice. The comparative and legal method was chosen as the main method of scientific research, due to which the author characterizes the main elements, purpose and essential features of legal constructions in civil law of other states, which are similar to the institution of settlement and release in Ukraine; the author pays attention to distinctive technical and legal peculiarities of civil legislation of some EU countries. According to the results of the conducted research the author has established that civil legislation of the most European countries does not enshrine settlement and release as the institution of obligation law and does not recognize it as an independent method to terminate the obligation. At the same time, the codified acts of some states contain certain legal norms, which provide for cases of transferring a certain good by the debtor to the creditor instead of fulfillment of an obligation, as well as enshrine legal institutions that act as settlement and release. The significance and practical significance of the paper is that the conducted study reveals new directions for further research, demonstrates the relevance and need for a more detailed and comprehensive analysis of the content and legal features of settlement and release, its importance and role in national contractual practice, as well as in the practice of other states.

Institutional Mechanisms of International Judicial Cooperation in Combating Doping in Sports

2019 ◽  
Vol 10 (3) ◽  
pp. 959
Author(s):  
Yana Andreevna YANISHEVSKAYA
Keyword(s):  
Practical Significance ◽  
Basic Method ◽  
Problem Solution ◽  
Judicial Cooperation ◽  
Main Method ◽  
Scientific Discussion ◽  
Legal Method ◽  
Deductive Method ◽  
Doping In Sports

The fight against doping at the legislative level began in 1989 as a result ofthe adoption of the Anti-Doping Convention, signed in Strasbourg. Relevance. The relevance of the study is determined, firstly, by the ongoing scientific discussion and lack of consensus on the nature and role of institutional mechanisms of international judicial cooperation in combating doping in modern sports and, secondly, by the identification of the problems and substantiation of the ways of solving them in relation to increasing effectiveness of combating doping in sports. Aim.The aim of the article is to develop a functional and legal method that would determine the effectiveness of institutional mechanisms of international judicial cooperation in combating doping in sports. Methods. The basic method of the study is the deductive method, allowing to study the nature of institutional mechanisms of international judicial cooperation in combating doping in sports. The main method of the problem solution is the study of the regulatory framework for the implementation of the main provisions of international legal acts regulating the fight against doping. Results. The article proves the theoretical pendency of the problem of the implementation of institutional mechanisms of international judicial cooperation in combating doping in sports. The practical significance of the obtained results is associated with the fact that national anti-doping organizations should develop national anti-doping rules and international federations should develop their anti-doping rules.

Role of Option of Defect in Tenders: A Study under Omani Law

2021 ◽  
pp. 1-17
Author(s):  
Maen Mohammad al-Qassaymeh ◽  
Nayel Musa Shaker al-Omran
Keyword(s):  
Subject Matter ◽  
Civil Law ◽  
Legal Basis ◽  
Bilateral Contracts ◽  
Governmental Body ◽  
The Subject ◽  
Injured Party

Abstract Option of defect is an important theory regulated in Omani Civil Law. It gives the injured party in bilateral contracts an option to rescind the contract if they find a defect in the subject matter of the contract. This theory is deemed a legal basis to refuse objects of sale by tender. In particular, it is useful when a guarantee that is given to the governmental body is insufficient to cover damages, due to bad performance of the contract. This article discusses how the option of defect is applied to sale by tender in Omani law.

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 Subject of a Crime Under Part 1 of Art. 282 of the Criminal Code of the Russian Federation

2021 ◽  
Vol 7 ◽  
pp. 87-92
Author(s):  
E. G. Bykova ◽  
◽  
A. A. Kazakov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Practical Significance ◽  
Constitutional Court ◽  
Scientific Publications ◽  
Legal Method ◽  
The Subject ◽  
The Russian Federation ◽  
Administrative Code

The change in the disposition of Part 1 of Art. 282 of the Criminal Code of the Russian Federation led to questions from law enforcement officers about from what moment a person is considered to be held administratively liable and what to mean by the commission of a similar act. The article carries out a systematic legal analysis of the provisions of the Criminal Code of the Russian Federation and the Administrative Code of the Russian Federation, as well as the position of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation in order to formulate proposals for solving the indicated problems. The fundamental method was dialectical. The formal legal method was used in the study of regulations governing certain aspects of the legal assessment of unlawful acts that take into account administrative precedence. Using a comparative legal method, a distinction was made between situations where a person was ordered to be held administratively liable and an administrative penalty was imposed. Scientific publications on the subject were analyzed. It was concluded that the current version of Part 1 of Art. 282 of the Criminal Code of the Russian Federation, containing a formally indefinite legal category, raises the problem of calculating the one-year period during which a person can be prosecuted under this norm if there is an administrative precedence. In addition, it is justified that a «similar act» should be understood only as an administrative offense, responsibility for which is provided for in Art. 20.3.1 Administrative Code of the Russian Federation. The use of criminal law by analogy is unacceptable, therefore, it is proposed to amend the disposition of Part 1 of Art. 282 of the Criminal Code to eliminate the identified gap. The problem identified could be the basis for further scientific research. The practical significance is due to the fact that the positions formulated by the authors can be taken into account in the process of improving criminal law, when amending the relevant explanations of the highest court in this category of cases in order to form a unified practice of applying criminal law.

scholarly journals PROTECTION OF CONSTITUTIONAL CULTURAL RIGHTS AND FREEDOMS OF CITIZENS BY THE CONSTITUTIONAL COURT OF UKRAINE

2018 ◽  
Vol 4 (4) ◽  
pp. 134-139
Author(s):  
Mykola Inshyn ◽  
Yurii Міroshnychenko ◽  
Yurii Paida
Keyword(s):  
Regulatory Compliance ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Scientific Methods ◽  
Cultural Rights ◽  
Legal Method ◽  
The Subject ◽  
Constitutional Justice ◽  
Legal Concepts

The aim of the article is to explore the place and role of the Constitutional Court of Ukraine in the mechanism of constitutional cultural rights and freedoms protection within the context of Ukrainian constitutional justice reforming. The subject of research is the protection of constitutional cultural rights and freedoms of citizens by the Constitutional Court of Ukraine. Methodology. Scientific research is based on the use of philosophical, general, and special scientific methods and techniques of scientific cognition. The dialectic method allows examining the phenomenon of protection of constitutional cultural rights and freedoms of citizens by the Constitutional Court of Ukraine within the dynamics of its evolution and interaction with other legal concepts. The systemic method made it possible to present the mechanism of protection of constitutional cultural rights and freedoms of citizens as a combination of interrelated elements. The formal-legal method was used to analyse the regulatory framework of protection of constitutional cultural rights and freedoms of citizens by the Constitutional Court of Ukraine along with relevant decisions of this judicial body. Results obtained upon completion of the research give an opportunity to claim that the protection of constitutional cultural rights and freedoms of citizens by the Constitutional Court of Ukraine may be performed on the basis of both direct and indirect access of persons to the constitutional jurisdiction body through the regulatory compliance assessment (constitutional recourse and initiation of legal action by certain state power bodies and its officials through constitutional claim filing). Practical outcomes. Research provides: examination of doctrinal and applicable aspects of the Constitutional Court of Ukraine activity on the protection of constitutional rights and freedoms of citizens; characteristics of general theoretical essence of constitutional cultural rights and freedoms of citizens with distinguished types; analysis of peculiarities of protection of constitutional cultural rights and freedoms of citizens by the Constitutional Court of Ukraine in the course of its powers exercising. Value/originality. On the basis of a comprehensive study of constitutional doctrine, Ukrainian legislation and implementation practices certain proposals are elaborated regarding the improvement of the effectiveness of the Constitutional Court of Ukraine activity in the area of protection of constitutional cultural rights and freedoms of citizens.

scholarly journals Role of the European ombudsman in implementation of good governance

2019 ◽  
pp. 168-173
Author(s):  
A. V. Pokrovskiy
Keyword(s):  
European Union ◽  
Legal Status ◽  
Good Governance ◽  
Practical Implementation ◽  
The European Union ◽  
Integration Process ◽  
The Subject ◽  
Institutional System ◽  
The Law

The purpose of the paper is to analyze the phenomena of the law of the European Union, ensuring the activities of the European Ombudsman as a body promoting the integration process in the European Union.The subject of consideration in the article is the legal status of the European Ombudsman, its role and place in the institutional system of the European Union.The paper provides a brief overview of the competence of the European Ombudsman and ways of his activities, explores the role of the European Ombudsman in implementing the good governance, analyzes the practice of the European Ombudsman and its impact on the activities of EU institutions and bodies.It is determined that the decisions of the European Ombudsman, directed against violations of the order of governance, affect relations in various areas of the European Union, contributing to the practical implementation of the conceptual principles of good governance. Not legally binding, the decisions of the European Ombudsman are embodied in acts of EU institutions that establish the relevant rules as binding. 

scholarly journals METHODOLOGICAL BASIS OF MORAL-DOMESTIC CONCEPT OF HOTEL-RESTAURANT BUSINESS

2018 ◽  
pp. 21-30
Author(s):  
Igor Pandyak ◽  
Maria Fil ◽  
Keyword(s):  
Professional Training ◽  
Customary Law ◽  
Practical Significance ◽  
Master's Level ◽  
Religious Traditions ◽  
Legal Norms ◽  
Economic Phenomenon ◽  
The Subject ◽  
Interdisciplinary Study ◽  
First Time

Goal. The purpose of the article is to analyze the evolution and to highlight the main theoretical and methodological concepts of the category "hospitality" as a multifaceted socio-economic phenomenon, the subject of interdisciplinary study, primarily in the system of social and geographical knowledge. Method. The study uses a set of methods: literary, historical, linguistic, method of analysis of Internet sites, as well as methods for synthesis and analysis of the collected material. Results. The principles of hospitality concepts - moral and commercial and commercial - are specified, the semantics of the term "hospitality" are specified, the significance of religious traditions, customary law, state legal norms at the stage of formation of the hospitality establishment is analyzed. Scientific novelty. For the first time, a complex of features inherent in the moral and everyday concept of hospitality at the stage of the formation of this socio-economic phenomenon has been revealed. The practical significance of the research is determined by its methodological relevance, as well as for the teaching of master's level disciplines, taking into account the professional training of hotel and restaurant business and tourism.

scholarly journals The right to a fair trial: conceptual rethinking in an era of quarantine restrictions

2021 ◽  
Vol 10 (38) ◽  
pp. 168-177
Author(s):  
Boris Perezhniak ◽  
Dariia Balobanova ◽  
Liliia Timofieieva ◽  
Olena Tavlui ◽  
Yuliia Poliuk
Keyword(s):  
International Law ◽  
Social Relations ◽  
Common Law ◽  
Fair Trial ◽  
Legal Method ◽  
The Social ◽  
Cybernetic Method ◽  
The Subject ◽  
The Right

One of the most important places among the universally recognized rights is the right to a fair trial. The essence of this right is that any violated right can be restored through a particular procedure. In the absence of an effective method for the protection of rights and interests, the rights and freedoms recognized and enshrined in law are only declarative provisions. Given the significant role of the right to a fair trial and changes in its provision under quarantine restrictions, it is necessary to analyze the content of this right, highlight principal requirements and problematic aspects of implementation given the current conditions of social relations. The purpose of the work is to analyze the content of the right to a fair trial. The subject of the study is the social relations that arise, change, and terminate during the exercise of the right to a fair trial. The research methodology includes such methods as a statistical-mathematical method, method of social-legal experiment, cybernetic method, comparative-legal method, formal-legal method, logical-legal method, and method of alternatives. The study will analyze the content of the right to a fair trial as international law and national law, its impact and interaction with the national legal system of Ukraine, which includes theoretical, applied, and common law aspects and conceptual rethinking in an era of quarantine restrictions.

scholarly journals Tasks and powers of the National police of Ukraine in ensuring information security of the state

2021 ◽  
Vol 10 (37) ◽  
pp. 86-92
Author(s):  
Vitalii Makarchuk
Keyword(s):  
Information Security ◽  
Cyber Security ◽  
The State ◽  
Legal Method ◽  
Modeling And Forecasting ◽  
The Subject ◽  
Definition Of ◽  
Definition Of Information ◽  
National Police

The purpose of the article is to examine the role of the National Police of Ukraine in ensuring the information security of Ukraine. The subject of the study: The subject of the study is the competence of the National Police of Ukraine in ensuring the information security of Ukraine. Methodology: Dialectical method, epistemological method, analytical method, formal and legal method, normative and dogmatic method, the methods of legal modeling and forecasting were used in the research. The results of the study: The definition of “information security” and “cyber security” is provided. The main factors that negatively affect the information space in Ukraine, as well as current threats to Ukraine’s national security in the information sphere are identified. Practical implications: It is established that the number of crimes in the information sphere is growing every year. In this regard, the task of the National Police is to combat crimes and other offenses in this area, as well as to protect relevant rights and freedoms of citizens, society and the State. Value/originality: The tasks and powers in the area of information security protection of the National Police in general and the Department of Cyber Security, in particular, are defined.

scholarly journals French Musical: history and specificity of the genre

2021 ◽  
pp. 21-35
Author(s):  
Elena Andreevna Trukhacheva ◽  
Karina Vramovna Vartanova
Keyword(s):  
Classical Music ◽  
Interdisciplinary Approach ◽  
The United States ◽  
Practical Significance ◽  
Professional Performance ◽  
New Information ◽  
The Subject ◽  
Methodology Of Science

French Musical is “younger” than the Broadway, popular; however, there is yet no serious scientific approach towards its examination. The subject of this research is nationalization of the French Musical in historical and genre contexts. The goal is to disclose role of French Musical as a relatively young genre on the theoretical level. The article employs the interdisciplinary approach, which involves the scientific theories and concepts from other fields; historical-culturological approach, which reveals the factors contributing to assimilation of French culture with the traditions of other cultures; systemic approach aimed at examination of professional performance in French Musical as a result of development of the genre in late XX – early XXI centuries. The scientific novelty consists in introduction of the previously missing biographical materials and new information on the establishment and development of the genre of French Musical and its national specificity. The theoretical significance lies in characterization of the concepts of “French Musical”, “popular culture”, “interpretation of classical music”, “musical performance” in the context of art history knowledge, as well as methodology of science. The practical significance lies in broader understanding of the role of establishment and proliferation of French Musical, comparison of the use of chanson and jazz in the Musicals of France and the United States. The main result consists the statement that French Musical contains the key to understanding the French people, their thought pattern, and tastes. This genre allows them to express and defend their values and uniqueness.

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