scholarly journals About the Code: General Theoretical Aspect

2021 ◽  
Vol 1 (3) ◽  
pp. 102-106
Author(s):  
Vladimir Valentinovich Kozhevnikov
Keyword(s):  
Theoretical Aspect ◽  
Legal Literature

The article discusses a number of problems related to such a normative legal act as a code: its concept, increasing the proportion, correlation with other laws. Particular attention is paid to the situation according to which the code is a "product" not only of the codification of regulations, as is customary in the legal literature, but also of consolidation.

scholarly journals The Specifics of the Legal Regime of the Civil Legal Relations Objects Functioning (Theoretical Aspect)

2020 ◽  
Vol 15 (3) ◽  
pp. 136-144
Author(s):  
D. S. Tereshchenko
Keyword(s):  
Theoretical Aspect ◽  
Functional Characteristic ◽  
Legal Regime ◽  
Current State ◽  
Legal Literature ◽  
Object Based ◽  
The Difference ◽  
Definition Of ◽  
Qualitative Characteristics ◽  
Regulatory Procedure

The paper analyzes the current state of development of the concept of the legal regime and its features in the legal literature. It is indicated that the key phrase “regulatory procedure” is not fully consistent with the definition of the legal regime. Wider approaches to understanding the phenomenon of the concept of “legal regime” in the form of a functional characteristic of the operation of law are proposed. It is noted that to describe the features of the legal regime, researchers often and haphazardly use individual qualitative characteristics that do not fully reveal the meaning of the definitions of both the legal regime and its individual attributes. The author clarifies the difference between the characteristics of “special” and “particular”, “specialized” and “specific” in relation to civil legal relations. The conclusion is drawn on the need for legislative consolidation of the revealed differences and the establishment of two types of legal regimes — the legal regime of activity and the legal regime of the operation of an object. Based on the conducted structural study, the author formulates the definitions for the legal regime and civil law regime.

scholarly journals Features of the constituent process in the activity of the Ministry of Internal Affairs of Ukraine

2018 ◽  
Vol 71 (4) ◽  
pp. 29-35
Author(s):  
D. V. Slynko
Keyword(s):  
Legal Status ◽  
Theoretical Aspect ◽  
Legal Regulation ◽  
The State ◽  
Legal Process ◽  
Management Activity ◽  
Legal Norms ◽  
Legal Literature ◽  
Internal Affairs ◽  
The Right

The constituent process as a kind of legal process has been researched. Its specific features in the activity of the Ministry of Internal Affairs of Ukraine include the fact that it is the result of legal regulation, not related to the existence of a dispute about the right; consists of a certain sequence of proceedings (in regard to agencies and units – creation, reorganization and liquidation, in regard to officials – appointment and removal); aimed at the formation, development and improvement of the institutional and personnel basis of the Ministry of Internal Affairs; acts as a special regulatory procedure for carrying out management activity of the implementation of the relevant legal norms; ensures the effective functioning of the state administration mechanism in the relevant field. On the basis of theoretical analysis of legal literature, the author has determined that the regime of the constituent process in the activity of the Ministry of Internal Affairs first in its general theoretical aspect distinguishes, first of all the specificity of the formation of the corresponding agencies and units of the state or the appointment of officials depending on their subordinate position within the structure of the Ministry, in particular, and the mechanism of the state in general. It has been argued that the purpose of the constituent process is the formation, development and improvement of the relevant agencies and units, the appointment of officials, as well as their management. It has been determined that the reasons for the origin of this type of legal process in the activity of the Ministry of Internal Affairs are the relevant legal facts or legal status. One can study the main elements of the procedural form in the constituent process in the activities of the Ministry of Internal Affairs, which combine the specific features and characteristics of each type of legal process.

GENESIS OF LEGAL RESPONSIBILITY OF JUDGES IN UKRAINE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
The State ◽  
Judicial System ◽  
Court Decision ◽  
Legal Responsibility ◽  
Criminal Prosecution ◽  
Legal Analysis ◽  
Legal Literature ◽  
Modern Methods ◽  
The Status ◽  
Moral Damage

The article examines the features of the formation (genesis) of legal responsibility of judges in Ukraine (from Kievan Rus to the present day). It has been proven that at present there are many problems regarding the criminal (legal) responsibility of judges. It was found that judges are insufficiently protected from manifestations of criminal prosecution, which, in turn, affects the increase in loyalty to the prosecution, in contrast to the defense in the criminal process. It has been established that today there are no perfect mechanisms for appealing the inaction of judges in court. It was determined that bringing judges to disciplinary responsibility in the High Council of Justice does not fully comply with the requirements of the European Charter on the Status of Judges. Based on the results of the legal analysis of the activities of the institutions of judicial responsibility, it was found that modern methods of bringing judges to justice in Ukraine are imperfect, often contradictory, and in some cases allow judges to avoid responsibility. It has been established that the issue of civil liability of judges for carrying out wrong actions against citizens today requires an urgent solution, since the legal literature does not fully disclose the provisions that govern the conditions, grounds and procedure for holding judges accountable for resolving unfair sentences and implementing illegal actions that entail material and/or moral damage to citizens. It has been determined that for harm caused as a result of an unjust court decision made by a judge, as well as due to the judge's inaction, property liability is imposed on the state, since the judge conducting the proceedings acts on behalf of the state, that is, Ukraine. It was found that today a judge can be brought to disciplinary responsibility in cases determined in accordance with the Law of Ukraine «On the Judicial System and the Status of Judges».

The Central Snitch Squad at the Saint-Petersburg Security Department as the Subject of Ensuring the Security of the Head of State in the Russian Empire

2020 ◽  
Vol 2020 (1) ◽  
pp. 30-36
Author(s):  
Anton Matveev
Keyword(s):  
Russian Empire ◽  
Job Descriptions ◽  
Saint Petersburg ◽  
National Importance ◽  
Legal Literature ◽  
Head Of State ◽  
Analysis And Synthesis ◽  
Normative Basis ◽  
The Subject ◽  
The Russian Empire

The article is devoted to the organization and activities of the Central Snitch Squad at the Saint-Petersburg Security Department for ensuring the security of the head of state in the Russian Empire. The normative basis for the activities of agents of the Central Snitch Squad and the specifics of implementation of their job descriptions are described in the article. The Central Snitch Squad was a separate division of the Search and Surveillance Service of the Russian Empire, which solved the various and most complex tasks of search-and-surveillance. The Central Snitch Squad operated until the fall of the monarchy in February 1917, but the experience gained by it in fulfilling tasks of national importance continues to be used in modern Russia. At the same time, the issues of the organization and functioning of the Central Snitch Squad have not received a comprehensive analysis yet. One of the activities of the Central Snitch Squad, which has not received proper coverage in historical and legal literature, is the protection of imperial majesties in the Russian Empire at the beginning of the 20th century. Therefore, its regulation and implementation has become the subject of this article. The main and integrating method of research on the organization and activities of the Central Snitch Squad was the method of materialist dialectics. General logical (deduction, induction, analysis and synthesis), general scientific (systemic, structural-functional, typologization) and special (formal-legal, historical-legal, comparative-legal, interpretations of regulatory legal acts, sociological and statistical) methods of legal research were used. It was concluded that the protection of imperial majesties and the highest persons in the Russian Empire was one of the most important areas of activity of the gendarmerie. The simultaneous existence of three different divisions that guarded the emperor ‒ the Central Snitch Squad, the Security Unit and the Security Agency led to duplication of agents activities and inconsistent actions of the units. The Central Snitch Squad of the Saint-Petersburg Security Department has accumulated a variety of search-and-surveillance experience that can be used to solve problems of national importance in modern Russia.

COMMON OWNERSHIP OF SPOUSES (Analysis of the Georgian Civil Law)

Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 163-177
Keyword(s):  
Family Relationships ◽  
Civil Law ◽  
Family Relationship ◽  
Legal Regulation ◽  
Legal Literature ◽  
Common Ownership ◽  
Personal Rights ◽  
The Family ◽  
Inner World ◽  
Legal Fact

The research shows that one of the legal relations in civil matters is the family relationship, having an extensive content. It includes Family Law and the actual family relationships. While there are factual elements in the family relationships, only marriage registration gives rise to the property and personal rights between spouses since marriage is a legal fact of law. However, it has been stated correctly in the legal literature that the actual co-existence of partners is such a family relationship, in which couples enter into marriage without registration. The inner world of unmarried couples is significantly free from legal regulation. Family relationships, by their characteristics, are inconceivable without the personal and intimate aspects contained in certain factual foundations and found in family relationships.

The financial stability of corporations: theoretical aspect

2018 ◽  
Vol 34 (1) ◽  
pp. 161-165 ◽  
Author(s):  
M. V. Zhukova
Keyword(s):  
Financial Market ◽  
Financial Stability ◽  
Theoretical Aspect ◽  
Financial Sustainability ◽  
Effective Demand ◽  
Internal Factors ◽  
The Many

Financial sustainability of corporations is an important multifactorial phenomenon that determines the competitiveness, solvency and capacity of the corporation to innovation and expanded reproduction. In connection with the complex and multipartite financial stability of corporations, the many writers who studied in this field, have different conceptual approaches to the interpretation of this financial category. The financial stability of corporations depends on external and internal factors, priority of which are: competition in the corporate segment, as effective demand for the products, factors and tendencies of development of the financial market.

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