Relationship between public and private interest in the field of providing medical services under the medical guarantee program

2020 ◽  
pp. 118-124
Author(s):  
Victor Makovii
Keyword(s):  
Health Workers ◽  
Civil Law ◽  
Legal Regulation ◽  
Practical Significance ◽  
Medical Services ◽  
Private Interest ◽  
Public And Private ◽  
Legal Nature ◽  
Contractual Structures ◽  
Legal Mechanism

Purpose. The purpose of the work is to determine the manifestation of public and private interest in the provision of medical services under the program of medical guarantees, to outline the legal mechanism for their balancing, as well as to find a place in it contractual structures. Methodology. The methodology includes a comprehensive study of available scientific and theoretical material and case law, as a consequence of the formulation of relevant conclusions and recommendations. The following methods of scientific cognition were used during the research: terminological, comparative, logical-semantic, structural-functional, system-structural, logical-normative, dialectical. Results: The public and private interest in the content of the system of medical services under the program of medical guarantees is singled out. The mechanism of legal regulation of such public relations includes an administrative-legal agreement on medical care and a civil-law agreement on the provision of medical services. These agreements are distinguished by legal nature, linguistic and legal features. The classification of both types of contracts with the design of civil law approaches to administrative and legal relations. Originality. The mechanism of legal regulation of legal relations for the provision of medical services from the standpoint of a harmonious combination of contractual structures of private and public law is comprehensively studied. Practical significance. The results of this study can be used in lawmaking and law enforcement activities on the implementation and improvement of the legal mechanism for providing medical services, as well as in the organization of postgraduate education of health workers in terms of determining the legal nature of medical services in the field of health care reform.

scholarly journals COMMERCIAL TRANSACTION: FEATURES OF LEGAL REGULATION

2021 ◽  
Vol 37 (1) ◽  
pp. 75-79
Author(s):  
R.D. Farkhutdinov ◽  
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Civil Law ◽  
Legal Regulation ◽  
Public And Private ◽  
Conceptual Apparatus ◽  
Private Interests ◽  
Legal Limits ◽  
Commercial Transaction ◽  
Individual Features

The article suggests and justifies the concept of "commercial transaction" is currently not fixed in civil legislation as a civil definition, while a number of scientists have repeatedly justified the need and importance of fixing such a concept to solve a number of problems in legal regulation. In addition, it offers ways to solve the problem of the conceptual apparatus of the practice of separate consideration of "commercial transactions" in civil law, which allows solving a number of practical problems of law enforcement. The article uses comparative, formal-legal and functional research methods. The article identifies individual features of a commercial transaction, the legal limits of mutual synthesis of public and private interests, and determines the forms of protection of such interests.

scholarly journals Concepts And Features Of The Corporate Contract

2019 ◽  
pp. 121-134
Author(s):  
R.S. Lukashov
Keyword(s):  
Civil Law ◽  
Limited Liability ◽  
Limited Liability Company ◽  
Key Factors ◽  
Legal Entity ◽  
Legal Nature ◽  
The Subject ◽  
Definition Of ◽  
Contractual Structures

The article is devoted to the theoretical and legal analyses of the place of a corporate agreement in the system of civil contracts. The article identifies the key factors that justify a separate place of the corporate agreement among existing contractual structures of civil law. The article deals with scientific views on the concept and legal nature of the corporate agreement, outlines the subject of the corporate agreement, which is concluded between the participants of the legal entity of corporate type, as well as analyzed the latest legislation on the definition of the concept, subject and content of the corporate agreement, which is concluded between the members of the limited liability company.  

scholarly journals Legal nature of the requirements of the banking legislation of Ukraine to ensure credit operations of banks

2021 ◽  
pp. 297-305
Author(s):  
Anatoliy Babaskin
Keyword(s):  
Credit Card ◽  
Civil Law ◽  
Legal Regulation ◽  
Functional Method ◽  
Point Of View ◽  
The European Union ◽  
Scientific Publications ◽  
Economic Point ◽  
Legal Nature ◽  
The Right

Іintroduction. Despite the fact that a significant number of scientific publications by well-known Ukrainian authors are devoted to the issues of legal regulation of credit obligations, at the same time separate studies of banking legislation requirements on "acceptability of collateral" have not been conducted in Ukrainian civil science in recent years. This, taking into account the gradual alignment of banking legislation of Ukraine with the standards of Basel III, and Directive 2002/47 / EC of the European Parliament and of the Council of 6 June 2002 on financial collateral mechanisms, necessitates such scientific research. The aim of the article. On the basis of the analysis of the legislation of Ukraine, the legislation of the European Union, scientific advances in the sphere of civil law and banking legislation, in the context of the analysis of the banking legislation of Ukraine, it is safe for creditors. In order to achieve this goal: 1. Conduct an analysis of civil and legal species for the protection of crops for the subject of іх possible delivery to “acceptable safety” and vrahuvannya banks when opening a credit card. 2. Significantly "quasi-security", as viewed by the banking legislation in the form of "acceptable security" for credit cards. 3. Zdіysniti analysis of the approaches to the legislation of the EU in the field of protection from credit denominations. Results. The methodological basis of the study is general scientific and special legal methods of scientific knowledge. In particular, the dialectical method, the method of analysis and synthesis, the comparative law method, the functional method, the modeling method, etc. Conclusions. First, the banking legislation does not consider as "acceptable collateral" such types of collateral as penalty, surety, deposit, retention. Secondly, the banking legislation considers as "acceptable collateral" not only those specified in Part 1 of Art. 546 of the Civil Code of Ukraine types of security for performance of obligations (pledge, right of trust ownership, guarantee), and other types of security for performance of obligations provided by law or contract (reserve letter of credit, performing the function of financial guarantee, guarantees of public entities, guarantee payment), but also contractual constructions which do not concern types of maintenance of performance of obligations (repo agreements). Thus, the banking legislation considers collateral in credit operations from the economic point of view, according to which "acceptable collateral" is only such liquid collateral that guarantees the rapid recovery of the property of the creditor bank, which suffered damage due to default or improper performance of the counterparty loan obligation, as well as "quasi-collateral", if such is referred by banking legislation to "acceptable collateral". Third, the existence of rules in the banking legislation on the acceptability of collateral in no way affects the right of banks to use any type of collateral provided by law or contract, if the application of such is possible in credit relations, taking into account the legal nature of the relevant types. software. Fourth, the set of regulations of the National Bank of Ukraine on the acceptability of collateral can be considered as an institution of banking law, which includes as rules of civil law governing the types of collateral, other rules of contract law governing other "quasi-collateral" contractual constructions, as well as public-law special norms of banking legislation, which establish additional regulatory requirements for banks to ensure credit operations and calculate credit risk.

scholarly journals Protection against imposing unfavorable contract terms by the dominant party in the russian legislation: issues of ensuring the balance of convenience

2020 ◽  
Vol 16 (1) ◽  
Author(s):  
Kirill Andreevich Pisenko ◽  
Stanislav Lvovich Botvinnik
Keyword(s):  
Legal Regulation ◽  
Philosophical Perspective ◽  
Public And Private ◽  
Scientific Methods ◽  
Dominant Party ◽  
Legal Method ◽  
General Logic ◽  
Legal Nature ◽  
Definition Of ◽  
Antitrust Regulation

Legal issues of counteracting the imposition of unfavorable contract terms by the dominant party raise a number of theoretical and practical problems. The authors of the article try to determine the legal nature of imposition and develop methods of comprehensive counteraction to this violation in order to ensure the balance of convenience. From the philosophical perspective and a certain worldview, the study is based on the balance of convenience regarded as the objective foundation of legal regulation. The main philosophical and scientific methods used in this article include the dialectic method, the formal-legal method, the method of legal hermeneutics, as well as the comparative-legal and empirical methods. The theoretical basis is represented by scientific works in the field of civil, administrative, entrepreneurial and procedural branches of law. The legal nature of imposition as a type of violation should be determined with due regard to the general logic of antitrust regulation. The parallel use of both public and private law necessitates the development of procedural legal means ensuring uniform law enforcement and the balance of convenience. First of all, the unity of approaches regarding legal tools of public and civil law should be concerned with the definition of features and the essence of elements compiling the imposition itself. The authors also propose approaches to the formation of an appropriate procedural model.

Jeszcze w sprawie wielostronności, kauzalności i braku wzajemności umowy spółki cywilnej

2018 ◽  
Vol 72 ◽  
pp. 221-243
Author(s):  
Michał Możdżeń-Marcinkowski ◽  
Robert Rykowski
Keyword(s):  
Potential Application ◽  
Legal Status ◽  
Civil Law ◽  
Legal Regulation ◽  
Political Transformation ◽  
Law Firm ◽  
Legal Entity ◽  
Economic Context ◽  
Civil Partnership ◽  
Legal Nature

By this article authors have opportunity to take part in the discussion on multilateralism, causality and non-reciprocity of civil partnership agreements in Polish legal regulation. The article provides an in-depth, normative analysis of the legal nature of a so called “civil law company” in the context of its complex, practical and theoretical organizational nature. Authors took up the civil law firm as a legal entity. As a result of the changed legal and economic context in Poland after the period of political transformation, it became necessary to redefine many issues. An example of this is the discussion on the legal status of a civil partnership as well as the controversy about its qualification as an entrepreneur or as an organization. The intention of the authors is to try to draw attention to the fact that, with such diversity of potential application of a civil law partnership in business, the maintenance of one broad regulation, which is currently included in Art. 860–875 of Polish Civil Code is non-functional.

Legal Regulation of Interest Rates under the Loan Agreement, with the Participation of the Borrower – the Entity, under the Civil Law of Ukraine and Germany: A Comparative Characteristic

2019 ◽  
Vol 10 (3) ◽  
pp. 695
Author(s):  
Anatoly Yu. BABASKIN
Keyword(s):  
European Union ◽  
Comparative Analysis ◽  
Interest Rates ◽  
Civil Law ◽  
Developed Countries ◽  
Legal Regulation ◽  
Comparative Characteristic ◽  
The European Union ◽  
Legal Nature ◽  
Credit Agreement

The relevance of the study is due to the fact that there is a growing need to study civil law and its practice in Ukraine and the most economically developed countries of the European Union. The purpose of the study is to conduct a comparative analysis of the legal regulation of interest rates under the loan agreement, with the participation of the entity, in the civil legislation of Ukraine and Germany, in order to identify similar features, differences, deficiencies in their legal regulation, and identify possible areas for improvement of the rules of civil law of Ukraine. The article investigates the legal nature of interest rates in credit relations, legal regulation of types of interest rates, bases of accrual of interest on a loan, restriction of freedom to set the amount of interest rate on a loan agreement, the order of payment of interest on a loan, etc. In the course of the research, similar features and differences in the legal regulation of interest rates in the credit agreement in the legislation of Ukraine and Germany were identified, deficiencies and possible directions of improvement of the civil legislation of Ukraine in the specified field were identified.

scholarly journals Applying a specific contractual structure in favor of a third party to a passenger carriage contract

2020 ◽  
Vol 16 (1) ◽  
Author(s):  
Diana Sergeevna Fedotova
Keyword(s):  
Systematic Approach ◽  
Civil Law ◽  
Legal Regulation ◽  
Third Parties ◽  
Third Party ◽  
Legal Structure ◽  
Scientific Justification ◽  
Minor Children ◽  
Similarities And Differences ◽  
Contractual Structures

The article considers the possibility of drawing a passenger carriage contract based on the model of beneficiary contracts. In the case of the conclusion by organizations of carriage contracts for organized groups of passengers, a specific contractual structure in favor of a third party may be applied. Minor children can be considered third parties in whose favor a passenger carriage contract is concluded. The contradictions of the current civil legislation regarding the consideration of minor children as passengers have been revealed. The methodological basis of the study includes the following methods. A systematic approach is used to identify the role and place of the passenger carriage contract in the system of civil law contracts, as well as contradictions in civil law. Comparison is actively used to identify similarities and differences in the legal regulation of the passenger carriage contract under the legislation of various countries. Legal modeling is used in the analysis of specific contractual structures, which are legal models, and in modeling the structure of the passenger carriage contract. Methods of formal and dialectic logic are used as well. The contribution to the study of the issue is associated with the scientific justification of the need to improve the legal structure of the passenger carriage contract according to the contract model in favor of a third party.

scholarly journals Charakter prawny wyroków wydawanych przez Krajową Izbę Odwoławczą

2018 ◽  
pp. 147-167
Author(s):  
Konrad Różowicz
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Civil Law ◽  
Administrative Law ◽  
Practical Significance ◽  
Coherent System ◽  
National Board ◽  
Judicial Decisions ◽  
Legal Nature ◽  
The Common

The regulation of the legal nature of an appeal proceeding or a judgment crowning the proceeding is ambiguous and unclear. The National Appeals Chamber which issues a judgment decides upon the validity of a contract, the obligations of the contracting authority, financial penalties, and, indirectly, the actions taken by contractors. The influence of such decisions is of theoretical and practical significance and justifies an analysis presented in the paper. Thus the constitutive features of judgments handed down by a public administration body have been analysed and compared with typical forms of law enforcement (judicial decisions of the common courts, decisions issued by arbitration courts and individual administrative decisions). The latter have been given particular attention. The deliberations were based on the position of the doctrine of the law on public procurements, provisions of civil law and administrative law, as well as judicial decisions and judgments issued by the National Appeals Chamber. These were then analysed in the light of normative regulations of the Act on Public Procurements. The analysis revealed a multitude of problems resulting from the adoption by the legislature of atypical forms of action by the National Board of Appeal. The analysis provides the basis for further research aimed to create a coherent system regulating public procurements to ensure its proper functioning and to reduce the possibility of further interpretative problems.

INTERNATIONAL AGREEMENTS AS SOURCES OF CIVIL LAW OF UKRAINE

2017 ◽  
Author(s):  
Iryna Horodetska ◽  
Keyword(s):  
Public Relations ◽  
Civil Law ◽  
Scientific Work ◽  
Legal Regulation ◽  
International Treaties ◽  
International Treaty ◽  
Legal Nature ◽  
Conceptual Study ◽  
The Relationship

The article is devoted to the features and functional purpose of such sources of civil law of Ukraine as international treaties. Based on the analysis of the theory of civil law, scientific approaches to understanding of the concept and system of sources of civil law, the relationship between the concepts of "international legal act" and "international treaty" are studied. The scientific work considers the characteristics and features of international treaties as sources of civil law of Ukraine, their role in the regulation of civil relations and their place in the system of national law. It is concluded that the current transformational changes that take place in Ukrainian society are inextricably linked with European integration processes and the need to bring the components of the legal system of Ukraine in line with the principles, norms and standards of European law. Objective strengthening of the role of international treaties in the settlement of not only international but also domestic civil relations necessitates a thorough conceptual study of the legal nature of international treaties, their place in the system of regulations of Ukraine and the relationship with civil law, which in its turn is an extremely important and, at the same time, difficult task. In this regard, it is quite logical to intensify the scientific discourse concerning the place of international treaties in the system of national law in different states. At the same time, while not denying the certainly important role played by international treaties in the settlement of civil legal (private) relations, we emphasize that the key to the effective functioning of the mechanism of legal regulation of public relations in this area is the need to achieve balance at interpenetration and interplay of principles and norms of domestic and international law as interdependent systems.

Conceptual features of a public contract in modern civil law

2020 ◽  
Vol 7 (1) ◽  
pp. 22-33
Author(s):  
Andrey G. Ananev
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Legal Principles ◽  
The Public ◽  
Correct Definition ◽  
Public Contracts ◽  
Public Character ◽  
Definition Of ◽  
Contractual Structures ◽  
Public Contract

The civil legislation reform affects the provisions on public contracts. This article deals with the issues surrounding public contract qualification under the conditions of modern regulation. A characteristic feature of modern regulation and theoretical provisions of civil law is the lack of unified approaches to defining the public contract concept, its essence, and accompanying conditions. In practice, there are various situations wherein the legislator does not give clear instructions on certain aspects of contracts that have a public character. This determines the theoretical and practical relevance of examining this area. The article analyzes the main defining features of the designated contractual structure and examines the features of expression of public-legal principles in legal regulation in these contractual relations. The methodological basis of the research is the analysis of normative material, civil law theory and certain aspects of law enforcement on public contracts norms. The article highlights the legal and conceptual aspects of public contract institution in the context of modern legal regulation. The task of further research on this issue is not so much to find one correct definition of this agreement for the legislator, but rather to fix the individualizing features in the law, by integrating them either into the conceptual apparatus or by directly fixing them in the normative act text. The author attempts to systematize the relevant features and to identify the distinct principles for differentiating a public contract with the related contractual structures. The article also presents clear criteria for differentiation and the hierarchy of the application of certain rules to relations arising from a public contract. This paper concludes by highlighting the need to proceed not only from the definition of law, but also from specific features of a public contract, when identifying the designated contractual structure.

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