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.

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.

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.

Interdisciplinary Approach to the Examination of Law Enforcement Practice Issues

2015 ◽  
Vol 3 (10) ◽  
pp. 0-0
Author(s):  
Александра Абрамова ◽  
Aleksandra Abramova
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Scientific Knowledge ◽  
Interdisciplinary Approach ◽  
Development Stage ◽  
Actual State ◽  
Functional Integrity ◽  
Integrated Theory ◽  
New Development ◽  
The Law

The article justifies the need to create an integrated theory of efficient law enforcement, and in the author’s opinion it is the interdisciplinary approach that is designed to serve this purpose. Integration of various spheres of scientific knowledge which forms the base of the interdisciplinary approach permits to consider law enforcement with reference to and in mutual interdependence of all its system elements, to reflect actual state of the law effects on social relations. The possibility emerges for the search of more efficient ways that help to disclose law enforcement in various aspects, see its new dimensions, and identify the most problematic issues of this type of activity. Conditions are created for preserving functional integrity of law enforcement, and its transfer to the qualitatively new development stage is provided, which meets modern challenges, answers requirements for innovation and modernization of this process.

METHODOLOGICAL PARADIGM OF MODERN LEGAL SCIENCE IN UKRAINE

2020 ◽  
Vol 10 (4) ◽  
pp. 12-20
Author(s):  
Vladimir Yashchenko ◽  
◽  
Olha Balynska ◽  
Keyword(s):  
Law Enforcement ◽  
General Theory ◽  
Social Relations ◽  
Positive Law ◽  
Legal Science ◽  
The Will ◽  
Definition Of ◽  
The Individual ◽  
The Relationship ◽  
Interacting Components

The leading idea of the article is the application of the most appropriate methodology for disclosing the essence and content of law, its origin, evolution, contradictions and their coordination in the context of the relationship between natural and positive law, social and individual paradigms, in particular, in the context of nationalizing the individual, and, on the contrary, individualizing the collective in a wide humanistic plane. This aspect synthesizes approaches to the disclosure of individual and collective through the categories of �self�, where dialectical, phenomenological, existential and other approaches are qualified as communicative and dialogic paradigm, which today finds its practical embodiment in lawmaking and law enforcement. Feeling the controversy of these views, the authors emphasize the deepening of the humanistic content of the legal regulator of social relations. Domestic modern legal science in its development should focus on deepening the humanistic content of the normative regulation of social relations. This actualizes the need to solve such scientific problems as the methodology of research and functioning of law, achieving a harmonious relationship between individual and collective in law, the connection of its natural and positive aspects, etc. A fundamentally new definition of the essence of law is proposed, not as the will of a certain class or majority, but as the will to self-existence, which is expressed in the phenomenon of self as a harmonious synthesis of individual and social. In this context, to investigate the legal phenomena dialectics can be effectively used not as a materialistic or idealistic methodology, but as the most general theory and way of ascending to the truth. After all, opposites in law are not necessarily antipodes, but can act as interacting components of legal reality

scholarly journals Certain issues of protection of the rights of citizens in concluding a transaction under psychological duress

2021 ◽  
pp. 61-68
Author(s):  
Roman Borisovich Kulichev
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Physical Violence ◽  
Comprehensive Analysis ◽  
Legal Issues ◽  
Practical Implementation ◽  
The Will ◽  
The Subject ◽  
The Individual ◽  
Legal Consequences

This article is dedicated to the legal issues of protection of the rights of individuals who have concluded civil transactions under psychological duress, namely hypnosis. The object of this research is civil law relations that emerge in conclusion of transaction by individuals. The subject of this research is the person’s will and its characteristics in deciding to conclude a transaction under psychological coercion unrelated to physical violence, as well as legal consequences of concluding such transactions. The author examines the factors that contribute to conclusion of transactions under psychological coercion and possible reasons for psychological coercion. The article examines civil and criminal law methods of protection of the rights of citizens who concluded transactions with a defect of volition, but are legally capable and aware of their actions. The conclusion is made that the only effective way to protect the individual from concluding such transaction lies in cultivation of the will. It is noted that the key evidence in challenging such transactions is forensic psychiatry evaluation; however, its commission depends solely on the judge’s decision on a particular dispute. The author assumes that the implementation of punitive measures for coercing into conclusion of such transactions is improbable, since the law enforcement authorities would refuse to initiate a criminal case due to civil nature of the dispute. The scientific novelty of consists in carrying out a comprehensive analysis of both, civil and criminal law methods of protection of the rights of citizens who have concluded transactions with the defect of volition, and the possibility of their practical implementation.

scholarly journals The principle of objective truth in law

2018 ◽  
Vol 55 ◽  
pp. 02011
Author(s):  
Natalia Embulaeva ◽  
Lyubov Ilnickaya
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Practical Significance ◽  
Law Enforcement Agencies ◽  
Philosophical Foundations ◽  
Objective Truth ◽  
The Russian Federation ◽  
Russian Law

The relevance of the study of the problems of truth in law is conditioned by the essential nature of man and his purposeful activity, including the sphere of legal regulation of social relations. At the present stage, the issue of securing the principle of truth in the norms of Russian law is not unambiguously resolved. In this regard, it seems relevant to investigate the issues of the legalization of truth and the mechanisms for its achievement in the conditions of application of measures of legal responsibility. The paper is devoted to the study of philosophical foundations of truth in law, the analysis of practical significance of obtaining truth in the procedural branches of law on the basis of analysis of the norms of the procedural legislation of the Russian Federation. Formal-legal and comparative-legal methods are used for a comprehensive analysis of procedural legislation and the implementation of the principle of objective truth in the legislation. With the use of the dialectical method, epistemological grounds and their significance for the implementation of law enforcement activities are revealed. The article reflects the views of researchers on the content of truth and the realization of the principle of objective truth in law. The conclusion is made that it is necessary to interpret the principle of objective truth as universal one, which must permeate not only the sphere of law enforcement, but also the formation of laws. A proposal is formulated on the need to separate and normatively fix the principle of objective truth in the procedural branches of law as an independent principle. Law enforcement agencies should strive achieving objective truth in the cases in question.

scholarly journals The concept of non-contractual obligations in inheritance law: international legal experience

2021 ◽  
Vol 10 (45) ◽  
pp. 221-229
Author(s):  
Ievgen Riabokon ◽  
Yevhen Fursa ◽  
Olha Tsybulska ◽  
Alina Goncharova ◽  
Olena Kryzhevska
Keyword(s):  
Czech Republic ◽  
New World ◽  
Comprehensive Analysis ◽  
Point Of View ◽  
Inheritance Law ◽  
The Will ◽  
The Republic ◽  
Contractual Obligations ◽  
Contractual Structures ◽  
Structure Of Knowledge

The article is devoted to the study and analysis of such areas of civil law as non-contractual structures, within the inheritance law of individual European Union countries, the emergence, development and implementation of such structures in regulations governing the inheritance procedures of countries such as Poland, Czech Republic, Republic of Lithuania and the Republic of Latvia. The purpose of the study in the monograph is a comprehensive analysis of the nature and specifics of legal and doctrinal bases of regulation and practice of non-contractual constructions in the inheritance law of individual EU countries (Poland, Czech Republic, Lithuania, and Latvia). As a result of the study the concept of non-contractual constructions of inheritance law is formed in the work. The types of non-contractual constructions, first of all their dialectical classification, architecture and place in the system of inheritance law are singled out and analyzed. An analysis of their identification and separation in different states, depending on the legal family, traces the integrity of the fundamental structure of knowledge about the obligatory rights of the testator within the will, heirs and beneficiaries in their biocentric expression and in the context of social ties. Emphasis is placed on rethinking and solving some problems in inheritance law, from the point of view of new world realities.

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.

scholarly journals Officer Accommodation in Police-Civilian Encounters: Reported Compliance with Police in Mongolia and the United States

1970 ◽  
pp. 176-200 ◽  
Author(s):  
Valerie Barker ◽  
Charles Choi ◽  
Howard Giles ◽  
Christopher Hajek
Keyword(s):  
United States ◽  
Law Enforcement ◽  
Cultural Context ◽  
The United States ◽  
Community Response ◽  
Practical Significance ◽  
International Affairs ◽  
Communicative Practices ◽  
The Usa ◽  
The One

Recent research has demonstrated that, for young adults, officers' communicative practices are potent predictors of civilians’ attributed trust in police, and their perceived likelihood of compliance with police requests. This line of work has important applied implications for ameliorating police-civilian relations on the one hand and promoting a joint law enforcement/community response to crime prevention on the other. The present study continued this line of work in Mongolia and the USA. Mongolia is not only intriguing as little communication research has been conducted in this setting, but is significant as its government (and the law enforcement arm of it) is currently experiencing significant social upheavals. Besides differences between nations, results revealed that, for American participants, officer accommodativeness indirectly predicted civilian compliance through trust. This also emerged for the Mongolian counterparts, although a direct relationship was evident between officer accommodation and compliance as well. The latter finding is unique in that it is the first cultural context where both direct and indirect paths have been identified. The practical significance of these findings is discussed. Keywords: Mongolia; United States; America; Police; Law Enforcement; Civilian; Intercultural; Cross-Cultural; Intergroup; Accommodation; Trust; Compliance. DOI: 10.5564/mjia.v0i15-16.35Mongolian Journal of International Affairs No.15-16 2008-2009 pp.176-200

scholarly journals IMPLEMENTATION AND CONTENT OF PRINCIPLES IN ACTS OF APPLICATION AND IMPLEMENTATION OF CRIMINAL LAW

2021 ◽  
pp. 77-80
Author(s):  
О. Oliinyk
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Criminal Law ◽  
Scientific Knowledge ◽  
Theoretical Basis ◽  
Comparative Law ◽  
Legal Interpretation ◽  
Law Enforcement Agencies ◽  
Systematic Analysis ◽  
Modelling Methods

The purpose of the article is to determine the forms of implementation of the principles of criminal law in the acts of criminal law. Methods. Methodological tools are selected in accordance with the purpose, specifics of the object and subject of the research. The general dialectical method of scientific knowledge of real legal phenomena is viewed as the main one among other methodological tools. Special research methods used in the study are: the method of systematic analysis, formal legal, interpretation of law, comparative law and modelling methods. The theoretical basis of the study is the latest scientific works in the chosen field of research. Results. As proved during the analysis of law enforcement acts, criminal law principles have their reflection and content in the acts of application and implementation of criminal law. Each individual act of application or implementation of criminal law takes into account the relevant set of principles that complement each other and provide law enforcement agencies with comprehensive tools to reflect in such acts of objectively existing social relations. Acts of implementation of the rules of criminal law are "manifestations" of the actual behaviour of the subjects of criminal law. Conclusions. According to the results of the study, each individual act of application or implementation of criminal law takes into account the relevant set of principles that complement each other and provide law enforcement agencies with comprehensive tools to reflect in such acts of objectively existing social relations. These are the acts of application of criminal law that embody the greatest number of principles of criminal law mainly due to the reflection of the latter in the documents drawn up by law enforcement agencies (indictments, petitions for coercive measures of medical or educational nature, convictions, rulings, etc.). Keywords: principles of criminal law; acts of implementation of criminal law; acts of application of criminal law.

Sign in / Sign up

Export Citation Format

Share Document