APPLICATION OF ASTRENT UNDER THE LEGISLATION OF CERTAIN COUNTRIES OF THE EUROPEAN UNION AND RUSSIA

2019 ◽  
pp. 127-134
Author(s):  
Oleksii Voronko
Keyword(s):  
Law Enforcement ◽  
Civil Law ◽  
Comprehensive Analysis ◽  
Practical Significance ◽  
The European Union ◽  
Eu Legislation ◽  
General Scientific ◽  
Financial Misconduct ◽  
Taking Action ◽  
Over Time

Purpose. The purpose of the article is to study the content and comparative analysis of the mechanisms for the use of asthma in France, the Benelux countries, Germany, Italy, Portugal, Russia, as well as its regulation by EU legislation. Method. The methodology involves a comprehensive analysis and generalization of available scientific and theoretical material and the formulation of relevant conclusions and recommendations. The study used the principles of objectivity and integrity, as well as general scientific, special legal and philosophical methods of scientific knowledge: induction, deduction, analysis, synthesis. Comparative, functional and legal. Results: The study found that an asthma was a means of influencing a debtor to fulfill his obligations voluntarily. This remedy is based on the idea that the prospect of paying a higher sum than that arising from the obligation should force the debtor to execute the decision without delay. Over time, the use of astringent has proven to be particularly effective in enforcing binding decisions and in taking action to secure a claim or evidence. An asterant is an indirect way of enforcing a judgment and acts as an influence or pressure on the obliged party to enforce the court decision. In this case, the payment of the asthma does not release the debtor from the obligation, which is confirmed by the executive document. Scientific novelty. Analyzing the international experience, it is argued that it is advisable to use the astringent procedure in the Ukrainian civil law. Practical significance. The results of the study can be used in law-enforcement and law-enforcement activities in the investigation of crimes related to financial misconduct.

BASIC FUNDAMENTALS OF CIVIL LAW AND THEIR IMPORTANCE

2019 ◽  
pp. 120-126
Author(s):  
Diana Vivcharuk
Keyword(s):  
Law Enforcement ◽  
Scientific Knowledge ◽  
Civil Law ◽  
Comprehensive Analysis ◽  
Practical Significance

Purpose. The purpose of the article is the regulation of relations on the principles of civil law. Methodology. The methodology includes a comprehensive analysis and a synthesis of available scientific and theoretical information. It is includes the formulation of relevant conclusions and recommendations. Such methods of scientific knowledge were used: terminological, functional, systemic-structural, logical-normative. Results: it was determined, that principles of civil law – an ideas of the civil law, that characterized by systematic,versatile, more stable, more regylated. Originality. An article is the special reseach that explores the problems of civil law in Ukraine. Practical significance. The results of the research can be used in legislation and law-enforcement activities.

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.

Coordination for the European Union

2020 ◽  
pp. 192-209
Author(s):  
Mads Dagnis Jensen ◽  
Peter Nedergaard
Keyword(s):  
Political System ◽  
Decision Making Process ◽  
The European Union ◽  
Eu Member States ◽  
Eu Legislation ◽  
Coordination System ◽  
Set Up ◽  
High Degree ◽  
Over Time ◽  
The Eu

The Danish EU coordination system is set up to secure a consensus-oriented and consistent positioning of Denmark in the EU decision-making process. It was established in connection with Danish membership in 1973, but it has roots that go further back. Over time, the Danish coordination system has undergone changes with increased decentralization to the sectoral ministries, through parliamentarization, and via increased transnationalization with linkages to the administrations in the EU and other EU member states. The system secures that the negotiators have a high degree of credibility in the eyes of other delegations, and it ensures a high score when it comes to implementation of EU legislation in Denmark. However, it also has some disadvantages. The key coordination lens in the form of the European Affairs Committee of the Danish Parliament is overloaded, and it is often involved too late in the Brussels negotiations. All in all, the Danish EU coordination system corresponds to the way the Danish political system works in other venues.

LEGAL NATURE OF SOURCES OF CONSTITUTIONAL LAW OF UKRAINE

2019 ◽  
pp. 98-104
Author(s):  
Galyna Volosheniuk
Keyword(s):  
Law Enforcement ◽  
Scientific Knowledge ◽  
Constitutional Law ◽  
Functional System ◽  
Comprehensive Analysis ◽  
Practical Significance ◽  
Legal Nature ◽  
Basic Approaches ◽  
Logical Semantic

Purpose. The purpose of the paper is to analyze the concepts and problems of the legal nature of the sources of constitutional law of Ukraine and to analyze the basic approaches to understanding the sources of constitutional law and their features. Methodology. The methodology involves a comprehensive analysis and generalization of available scientific and theoretical material and the formulation of relevant conclusions and recommendations. The following methods of scientific knowledge were used during the research: terminological, logical-semantic, functional, system-structural, logical-normative. Results: The research outlines the basic approaches to understanding the sources of constitutional law and their features. Based on this, these approaches are summarized and our view of the legal nature of the sources of constitutional law of Ukraine is offered through the disclosure of their functions and features. Originality.The article deals with the legal nature of the sources of constitutional law of Ukraine, outlines the basic approaches to understanding the sources of constitutional law and their features. These approaches are summarized and their view of the legal nature of the sources of constitutional law of Ukraine is offered through the disclosure of their functions and features. Practical significance. The results of the research can be used in legislation and law-enforcement activities.

scholarly journals Civil Law Aspects of Bankruptsy of Debtor’s Property

Legal Concept ◽  
2019 ◽  
pp. 119-125
Author(s):  
Irina Petukhova
Keyword(s):  
Law Enforcement ◽  
Civil Law ◽  
Point Of View ◽  
Legal Capacity ◽  
Property A ◽  
Legal Entity ◽  
Scientific Methods ◽  
Legislative Regulation ◽  
General Scientific ◽  
Theory Of Constraint

Introduction: the amount of satisfied creditors’ claims in completed debtor insolvency cases raises concerns and necessitates a change in the approaches used in bankruptcy proceedings. In this connection, the author aims to study the civil law problems relating to the disposal of the debtor’s property – a legal entity in bankruptcy. The research will use such general scientific methods of cognition as synthesis and analysis, as well as such specific scientific methods of cognition as systemic and formal legal ones. Results: analyzing the legal theories, law enforcement practice and the current bankruptcy legislation, the author identified the problematic issues arising from the bankruptcy of the debtor’s property in bankruptcy procedures. Conclusions: adhering to the point of view that the theory of constraint of legal capacity (capability) of the debtor is fundamental in the legislative regulation of bankruptcy relations, the author identified the problematic aspects in determining the time of commencement of such constraint, the debtor’s property assets to be disposed of in bankruptcy proceedings.

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.

Characteristics of the inheritance law of the countries of Continental Europe, England and the USA

2020 ◽  
pp. 67-73
Author(s):  
Kristina Pitsyk ◽  
Iryna Kaniuka
Keyword(s):  
Law Enforcement ◽  
Market Economy ◽  
Social Relations ◽  
Scientific Knowledge ◽  
Comprehensive Analysis ◽  
Practical Significance ◽  
Inheritance Law ◽  
Opposite Trend ◽  
The Usa ◽  
The Will

Purpose. The purpose of the article is to analyze the characteristics of the inheritance law of the countries of continental Europe, England and USA. Methodology. The methodology includes a comprehensive analysis and a synthesis of available scientific and theoretical information. It is includes the formulation of relevant conclusions and recommendations. Such methods of scientific knowledge were used: terminological, functional, systemic-structural, logical-normative. Results: it was determined, that complex social relations under the conditions of a market economy have led to the need to solve problems related to the fate of property that remains after the individual’s death. Originality. In the process of research is established that while Ukrainian inheritance law tends to expand the boundaries of the will gradually, in Western countries there is the opposite trend. Practical significance. The results of the research can be used in legislation and law-enforcement activities.

scholarly journals «Loyalty of Faithful Peoples». Manifestation of National Patriotism During the Visits of Emperor Franz Joseph to Lviv

2021 ◽  
pp. 20-30
Author(s):  
Nazar Kis ◽  
Keyword(s):  
Twentieth Century ◽  
Social Groups ◽  
Comprehensive Analysis ◽  
Habsburg Empire ◽  
General Scientific ◽  
The Right ◽  
Xix Century ◽  
The City ◽  
Existing Data ◽  
Over Time

The article focuses on concrete examples - the visits of Emperor Franz Joseph, and how the city of Lviv presented itself. And how this representation has changed over time - from the neo-absolutism of the 50s of the XIX century to the broad autonomy of the early XXth century. What social groups dominated, how national communities fought for the right to be heard. How they built a symbolic relationship between the emperor and his subjects. The methodological basis of the study comprises the principles of historicism, objectivity and systematics. General scientific and special research methods were used in solving the set tasks: historiographical analysis, generalization, quantitative, chronological, retrospective. The scientific novelty of the work lies in a comprehensive analysis of the state of study of the issue in modern historiography and comparison of existing data with the available evidence of the time. Conclusions. For almost 70 years, from the mid-nineteenth to the early twentieth century, Galicia as part of the Habsburg Empire went from brutal rule from Vienna to broad autonomy. At the same time, the nature of relations between the main national groups (Poles, Jews and Ukrainians) changed. These groups, using the opportunities provided by the constitution,

11. Social Policy

2020 ◽  
pp. 254-274
Author(s):  
John Bachtler ◽  
Carlos Mendez
Keyword(s):  
Decision Making ◽  
European Union ◽  
Social Policy ◽  
Social Regulation ◽  
The European Union ◽  
Judicial Decision Making ◽  
Eu Member States ◽  
Eu Legislation ◽  
Main Driver ◽  
Over Time

Social policy in the European Union (EU) is characterized by a fundamental puzzle: integration has happened despite member-state opposition to the delegation of welfare competences. While the policy has developed in small and modest steps, over time, this has led to a considerable expansion of the policy remit. Negative integration pushed by judicial decision-making is often regarded as a main driver for social integration. Positive integration through EU legislation is, however, just as defining for EU social policy, and politics is very evident when EU member states negotiate social regulation. More recently, the policy has been marked by deep politicization.

Legal regulation of property rights to another's property abroad

2021 ◽  
pp. 147-153
Author(s):  
K. Pitsyk
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Property Rights ◽  
Legal Regulation ◽  
Contract Law ◽  
Comprehensive Analysis ◽  
Practical Significance ◽  
Economic Activities ◽  
Real Right ◽  
Legal Remedy

Purpose. The purpose of the article is to analyze the grounds and procedures of the emergence of property rights to another's property abroad, to identify its interconnectedness and interdependence. Methodology. The methodology includes a comprehensive analysis and a synthesis of available scientific and theoretical information. It is includes the formulation of relevant conclusions and recommendations. Such methods of scientific knowledge were used: terminological, functional, systemic-structural, logical-normative. Results: In business and other economic activities there are situations in which there is a need to use someone else's things or property. This possibility is more often satisfied by means of contract law. However, in some cases, the contract is not a reliable legal remedy to meet the need to use someone else's thing. After all, the contract can be terminated at any time unilaterally and the user of someone else's thing is forced to terminate such use. Therefore, there was a need to invent a more reliable remedy that would ensure the continuous and unhindered use of someone else's property or even property. Such a means was the consolidation of the real right to use someone else's thing. Scientific novelty. In the process of research is established that common characteristics of the institution of limited property rights to another's property abroad is that the subjects of rights to another's property may be those persons who may be subjects of civil rights, first of all, any natural and legal persons. Practical significance. The results of the research can be used in legislation and law-enforcement activities.

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