ON THE INEXTRICABLE LINK BETWEEN THE PERSONALITY OF THE PARTICIPANT AND THE SOCIETY ON THE EXAMPLE OF LAW ENFORCEMENT PRACTICE ON BRINGING THE DEBTOR'S CONTROLLING PERSONS TO SUBSIDIARY LIABILITY

2021 ◽  
Vol 17 (01) ◽  
pp. 135-139
Author(s):  
MARIETTA SHAPSUGOVA ◽  
Keyword(s):  
Law Enforcement ◽  
Family Members ◽  
Parental Rights ◽  
Legal Entity ◽  
Legal Personality ◽  
Judicial Practice ◽  
The Family ◽  
Entrepreneurial Activities ◽  
A Minor ◽  
Civil Death

The purpose of the research. Bankruptcy proceedings increasingly involve not only controlling persons but also members of their families. The reason for this is the conflict of interests of the family and creditors. The development of bankruptcy legislation leads to a reduction in the possibilities of preserving the property of family members from collection under the obligations of the controlling person of the debtor. Until recently, one of these methods was the alienation of property in favor of a minor, which undoubtedly led to a violation of creditors' interests. The need to protect creditors' interests gave rise to new specific forms of lawmaking by the higher courts, in particular, bringing the children of the controlling debtor to responsibility. This decision seems to be controversial. This is the exhaustion of the theory of independent legal personality of a legal entity and the lack of a theoretical justification for the implementation of entrepreneurial activities of citizens in the form of participation (membership) in a legal entity. The article aims to identify sources of legal uncertainty in bringing the children of the controlling debtor to respond within bankruptcy procedures. The article analyzes the judicial practice in cases of bringing family members of a controlling debtor, including children, as controlling beneficiaries, to subsidiary liability for society's obligations through the prism of the conscientiousness of the exercise of parental rights and the conscientiousness of a minor. Results. It is proposed to introduce into legislation two presumptions: a refutable presumption of the conscientiousness of a parent and an irrefutable presumption of a child's good faith as a tool to save a minor from civil death through the fault of the parents.

DEPENDENCE OF THE COMPANY'S LEGAL PERSONALITY FROM THE PERSONALITY OF ITS SHAREHOLDER AS A TREND OF LEGISLATION AND LAW ENFORCEMENT PRACTICE

2021 ◽  
Vol 14 (2) ◽  
pp. 52-58
Author(s):  
MARIETTA SHAPSUGOVA ◽  
Keyword(s):  
Law Enforcement ◽  
Limited Liability ◽  
Complete Separation ◽  
Socialist Economy ◽  
Legal Entity ◽  
Legal Personality ◽  
Long Time ◽  
Law And Legislation ◽  
Market Relations ◽  
Legal Entities

The concept of a legal entity as an independent legal entity, independent distinctiveness of its participants was formed gradually. In the Fatherland Law, it reached its climax in the Soviet era. It was then that such classical features of a legal entity were formulated as organizational unity, property isolation, and independent responsibility. The economic system drove this approach. In a planned socialist economy, an individual could not be the owner of the means of production, and therefore the legal personality of an enterprise was maximally alienated from a person's personality, which was reflected in its characteristics. For a long time, by inertia in Russian law and legislation, this alienation of the shareholder's personality from the legal entity's personality was preserved. The reason for the revision of this approach was the abuse by limited liability participants of legal entities controlled by them, using such a person as a "mask" for their activities and leading to a violation of creditors' interests. In this regard, with Russia's transition to market relations, an interest arose in the foreign theory of corporate law, which developed mechanisms to combat such abuses, studies of corporate forms of a legal entity, and mechanisms for bringing controllers and beneficial owners to justice were updated. The article examines the dynamics of the transformation of a legal entity's theory from dependence to independence and again to its dependence. It is argued that the shareholder's connection with the legal entity is preserved, and complete separation of the legal personality from the shareholder's personality is impossible, which is confirmed by the doctrine, law enforcement practice, and trends in the development of legislation on legal entities.

Selected aspects of the substitute care system in Germany

2018 ◽  
Vol 571 (6) ◽  
pp. 20-27
Author(s):  
Ewa Nowakowska
Keyword(s):  
Parental Rights ◽  
Unaccompanied Minors ◽  
Negative Image ◽  
Substitute Care ◽  
Youth Welfare ◽  
Adult Supervision ◽  
The Family ◽  
The Media ◽  
Institutional Model ◽  
A Minor

The media usually promote a negative image of the German „Jugendamt”. Meanwhile, the Youth Welfare Office (Socialgesetzbuch VIII Kinder- und Jugendhilfe) based on the bill SGB VII, has been established directly to help the families s affected by problems. Basically, this help is limited to supporting parents and caretakers in providing the welfare and education for the children. However, in the most drastic cases, the help system is expected to locate a minor in a foster environment. Federal Statistical Offi ce registers a systematic growth in the number of minors that are in various forms of care outside the family. In 2016, the number included 174 800 persons (in 50% of cases the withdrawal of parental rights was dictated by the parents’ incapability of coping with parental issues). The German institutional model of foster care designed for minors living abroad is characterized by introducing minors to care homes (Standprojekt), encouraging them to participate in yacht cruises (Schiffprojekte) or so-called travel projects (Reiseprojekten). In accordance with the German regulations, the children of foreigners under 18 are considered minors, thus if they travel without adult supervision, they are deemed unaccompanied minors and are consequently put under the care of the Youth Welfare Office.

ABANDONMENT OF MOTHERHOOD IN THE SYSTEM OF LEGAL FACTS: PROBLEMS OF DISCREPANCY BETWEEN THEORY AND PRACTICE

2021 ◽  
pp. 126-136
Author(s):  
Natalya A. Ablyatipova ◽  
Keyword(s):  
Law Enforcement ◽  
Adoptive Parents ◽  
Theory And Practice ◽  
Parental Rights ◽  
Inappropriate Use ◽  
Judicial Practice ◽  
Parents And Children ◽  
Imple Mentation ◽  
The One ◽  
The Right

The problem of improving the norms of family law in terms of protecting the rights and interests of parents and children is long overdue. At first glance, the current Russian family legislation sufficiently regulates the issues of establishing the origin of children, the issues of birth registration and the rules for specifying the child's parents. However, one of the gaps is the voluntary refusal to exercise parental authority. In the legislation, the term "abandonment of a child" does not exist, but in fact, in practice, it is possible to perform this action. The issues of the legal nature of the parents ' rejection of the child, its content and legal conse-quences are not given sufficient attention, while the lack of a theoretical basis not only hin-ders the improvement of legislation, but also leads to a "free" interpretation of the current norms by law enforcement entities. In this regard, this study highlights the right to mother-hood and aims to consider it in the context of the legal possibilities of the mother of the child not to fulfill the obligations provided for by law by refusing them. The article examines the refusal procedure, identifies individual forms of refusal imple-mentation and their legal consequences. Based on the analysis of legislation and judicial practice, it is highlighted that in the course of law enforcement practice, situations are identified that are not covered by the existing norms. The analyzed norms testify to the inappropriate use of the term “abandonment of motherhood”. Refusal to exercise the powers of motherhood, fulfillment of duties, as well as granting consent to adoption are not a manifestation of the right to dispose of parental rights, which are inherently inseparable from the person. The author has established that the actual mechanism of this procedure is expressed in two possible forms: 1) the absence of the fact of the emergence of a legal connection between the mother and the child; 2) deprivation of parental rights in the manner prescribed by law. Based on the analysis of the materials of judicial practice, certain problems of the procedure for abandoning the child by the mother, as well as the consequences of the placement of children, depending on the form of refusal, were identified. It is established that on the one hand, if the mother of the child leaves the child without expressing the intention of further placement, the law establishes the basis for the deprivation of her parental rights after six months. On the other hand, if consent to the adoption is given with the indication of potential adoptive parents, the time period during which such adoption should be implemented and how the legal connection between the mother and the child will be severed is not established procedurally. The author identifies a number of typical problems associated with the refusal of the mother to take the child and exercise parental rights, and therefore offers recommendations aimed at improving the legislation, taking into account the needs of the current law enforce-ment practice.

scholarly journals Child protection from the civil law perspective – selected issues

2021 ◽  
Vol 11 (1) ◽  
pp. 251-262
Author(s):  
Barbara M. Kałdon
Keyword(s):  
Corporal Punishment ◽  
Child Protection ◽  
Civil Law ◽  
Family Members ◽  
Well Being ◽  
Parental Authority ◽  
Proper Functioning ◽  
Parents And Children ◽  
The Family ◽  
A Minor

Care for the well-being of the youngest family members is one of the main goals of the legislator. A properly functioning family does not require an interference of the officials as long as it does not deviate from the generally accepted standards. However, if such a situation occurs, it is necessary to undertake legal mechanisms aimed at restoring the proper functioning of the family. Consequently, various branches of the law regulate instruments to help the family overcome the crisis. The article presents selected areas of civil law child protection referring to such issues as prohibition of using corporal punishment against a minor and the consequences of its violation, other forms of abusing parental authority, as well as the regulation of certain relations between parents and children.

scholarly journals Legal regulation of the family members’ entrepreneurial activity and inheritance relations: law enforcement problems

2021 ◽  
Vol 108 ◽  
pp. 01011
Author(s):  
Vladislav Vasilyevich Kudryashov ◽  
Valentina Sergeevna Lepeshkina ◽  
Irina Vladimirovna Sazonova ◽  
Aleksandr Anatolevich Potkin ◽  
Viktor Anatolevich Altunin
Keyword(s):  
Law Enforcement ◽  
Family Business ◽  
Family Members ◽  
Legal Regulation ◽  
Entrepreneurial Activity ◽  
Joint Stock Company ◽  
Stock Company ◽  
The Family ◽  
Business Succession ◽  
Family Business Succession

The problem of transition in the line of business assets and obligations succession with regard to norms of civil, family and business law represents an important legal problem as for the matter of family business succession. Russian legislation does not determine the family business succession as a single entity, there exists no special regulation as well as the term “entrepreneurial succession”. The doctrine gives a reasonable conclusion that “practices of the recent past reveal substantial problems of marital regimes legal regulation under a digital transformation of the economy”. Inheriting different properties that can be collectively referred to sphere of entrepreneurial activity causes many problems of similar properties transition in the line of succession in the field of law enforcement. Determining particularities of legal regulation of inheritance relations complicated with business activities in order to ensure efficient regulation of succession to business assets and debts and as well to ensure law enforcement stability. The methodological base for the present scientific research is represented by the system of general scientific and specific scientific methods and research techniques, including a historical method, a logical method, a method of system analysis and research, a comparative legal method, a statistical method, a functional-structural method, methods of analysis and synthesis, a method of specification, an empirical and theoretical method, i.e. analogy, deduction. The authors suppose that in conditions of the world financial crisis complicated with consequences of the coronavirus pandemic small businesses are the most vulnerable, including family businesses. The authors believe that a modern lawyer must have systemic knowledge for efficient application of civil law, inheritance law, family law, entrepreneurial law on the basis of the convergence principle in law. The use of a rather broad methodological base allows determining essential properties of legal regulation of the family members’ entrepreneurial activity and inheritance relations from the point of view of law enforcement problems resolution. As for particularities of inheritance regulations application, a joint-stock company is supposed to have certain mechanisms of the protection of its interests in terms of its shares inheritance. For example, it is possible to envisage the right of a private joint-stock company to discourage inclusion within its shareholders a new participant in line with a similar power of the limited liability companies.

Alimony Obligations of Family Members in the Family Law of Ukraine: Problematic Issues of Theory and Practice

2020 ◽  
Vol 27 (3) ◽  
pp. 28-47
Author(s):  
Valentina Borisova ◽  
Larysa Krasytska
Keyword(s):  
Law Enforcement ◽  
Financial Aid ◽  
Family Law ◽  
Family Members ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Minimum Amount ◽  
Pension Income ◽  
The Family ◽  
Structural Parts

The relevance of the study of alimony obligations of family members in the family law of Ukraine is conditioned by both the latest approaches of the legislator to the regulation of alimony relations, and the problems of law enforcement practice in this area. The purpose of the study is to determine the features of alimony obligations of family members in the family law of Ukraine, to identify problems of legal regulation and enforcement of these obligations and to develop recommendations for their elimination. Methodologically, the study of alimony obligations of family members is divided into separate structural parts, which cover the general features of these obligations in the family law of Ukraine and the features of their individual types. The methodological basis for the study of alimony obligations of family members in the family law of Ukraine is developed at the philosophical, general scientific and special scientific levels. The study proves that the alimony obligations of family members are in essence family law monetary obligations that arise on the grounds specified by law or contract, are long-term and personal. It is proposed that one of the spouses be considered in need of financial aid if their monthly income (salary, pension, income from the use of their property, other income) is less than the minimum wage established by law. It is proposed to apply similar provisions to identify parents in need of financial aid in alimony obligations for the maintenance of disabled parents by adult children. It is argued that the change of the minimum amount of alimony to be collected from the alimony payer per child is not a basis for applying Article 192 of the Civil Code of Ukraine, but is a basis for changing the minimum amount of alimony specified in the writ of execution and alimony recovery, and is taken into account when determining the amount of alimony or alimony arrears. Other changes to the Family Code of Ukraine have been proposed to improve the procedure for collecting alimony for family members. The analysis of theoretical provisions of alimony obligations of family members and practical problems of law enforcement in this area and the development of proposals to improve family law is important for further research of family law obligations, will contribute to the development of an effective mechanism for exercising and remedy of the rights of parties in family legal relations and the establishment of the unity of judicial practice

THE PROBLEMS OF INTERPRETING CERTAIN SIGNS OF THE OBJECTIVE AND SUBJECTIVE ASPECTS OF THE COMPONENTS OF INCITEMENT TO SUICIDE (ARTICLE 110 OF THE RF CRIMINAL CODE): THEORETICAL AND PRACTICAL ANALYSIS

2021 ◽  
pp. 20-27
Author(s):  
N. Zh. Danilina ◽  
◽  
N. F. Angipova ◽  
Keyword(s):  
Law Enforcement ◽  
Attempted Suicide ◽  
Criminal Liability ◽  
Criminal Code ◽  
Judicial Practice ◽  
Principle Of Justice ◽  
Per Capita ◽  
Definition Of ◽  
A Minor

Russia is among the top ten in terms of the number of suicides per capita. There are many reasons why a person decides to leave life. Often, it is the result of long-term problems and experiences that a person could not cope with. The reasons for suicide can also be the actions of other persons, including criminal ones classified by criminal law as incitement to suicide. The inaccuracy of the formulated disposition in the article on the incitement to suicide or attempted suicide (Article 110 of the RF Criminal Code) causes controversy in the scientific community and some difficulties in law enforcement. The paper studies the definition of individual objective and subjective signs of incitement to suicide and the search for ways to resolve them. The authors considered various positions of the authors of the interpretation of the concept of objective and subjective signs – a threat as a method of bringing to suicide, a form of guilt of such crime and analyzed the reasons for the contradictory judicial practice in their determination. The analysis allowed differentiating criminal liability of a person who committed a crime considering the principle of justice. The authors propose to amend the disposition of Article 110 of the RF Criminal Code by dividing into separate parts deliberate actions aimed at incitement to suicide and negligence and intent concerning the consequences; to add to the specified article a particularly classifying feature in the form of deliberate actions led to a suicide or attempted suicide of a minor and mentally defective person; to add to Article 163 of the RF Criminal Code (extortion) a particularly classifying feature in the form of serious consequences by negligence, including a suicide.

scholarly journals Family Law in the Context of a New Social Reality Formation: Doctrinal Principles of Law Enforcement

Lex Russica ◽  
2021 ◽  
pp. 124-133
Author(s):  
D. S. Ksenofontova
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Family Law ◽  
Family Relations ◽  
Social Reality ◽  
Legal Regulation ◽  
Traditional Family ◽  
Judicial Practice ◽  
The Family ◽  
Fair Balance

Improving the legal regulation of family relations involves the search and implementation of new social, organizational, legal and other measures to support the functioning of the traditional institution of the family. At the same time, family legislation does not always take into account modern trends in the life of society, which to a certain extent hinders the exercise and protection of family rights, as well as ensuring a fair balance of interests of participants in family and other relationships. In this sense, in some cases, higher courts react most effectively, taking into account even minor changes in social reality in a timely manner.The transformation of the family law in the context of changing social reality is based on two conceptual principles: firstly, the preservation of traditional family values of Russian society and, as a consequence, the reflection of such at the legislative level and in judicial practice, and secondly, legislative and law enforcement response to the latest social practices. These principles of transformation of family law complement each other, allowing us to take into account the public demands of various social groups.The main directions of the modern transformation of family law, reflected in judicial practice, include the following. First, the expansion of the sphere of family law regulation of public relations is due to the complexity of the system of social relations. Second, it is the expansion of the system of intersectoral relations of family law, caused by the complexity of the legal regulation of public relations in general. Its consequences are a shift in emphasis in ensuring a fair balance of interests of participants in family and other legal relations, the strengthening of civil law principles in the regulation of family relations, giving traditional family law institutions new optional properties and purpose, including the penetration of public legal goals in the private legal field of family life. Third, it is to ensure gender balance in family relations at the law enforcement level.

scholarly journals Ochrona dziecka z perspektywy cywilnoprawnej – wybrane zagadnienia

2021 ◽  
Vol 2021(42) (1) ◽  
pp. 123-134
Author(s):  
Barbara Małgorzata Kałdon ◽  
Keyword(s):  
Corporal Punishment ◽  
Child Protection ◽  
Civil Law ◽  
Family Members ◽  
Parental Authority ◽  
Proper Functioning ◽  
Parents And Children ◽  
The Family ◽  
A Minor ◽  
State Interference

Care for the welfare of the youngest family members is one of the main goals of the legislator. A properly functioning family does not require state interference as long as it does not deviate from the generally accepted standards. However, if such a situation occurs, it is necessary to undertake legal mechanisms aimed at restoring the proper functioning of the family. Consequently, various branches of the law regulate instruments to help the family overcome the crisis which it undergoes. The article presents selected areas of civil law child protection referring to such issues as prohibi- tion of using corporal punishment against a minor and the consequences of its violation, other forms of abusing parental authority, as well as the regulation of certain relations between parents and children.

scholarly journals SPECIFICS OF THE TREATMENT OF MARITAL AND FAMILY RELATIONS IN PAROLE: LEGISLATIVE IMPROVEMENT

2020 ◽  
Vol 36 (4) ◽  
pp. 138-142
Author(s):  
A.V. Sokolova ◽  
Keyword(s):  
Law Enforcement ◽  
Family Relations ◽  
Legal Regulation ◽  
Criminal Code ◽  
Marriage And Family ◽  
Elderly Parents ◽  
Judicial Practice ◽  
The Family ◽  
Legislative Improvement ◽  
Criminal Legislation

The article is devoted to considering the specifics of taking into account marriage and family relations when considering the advisability of applying the institution of parole from serving a sentence in domestic and foreign criminal law. The article analyses the norms of foreign legislation governing issues of parole from serving a sentence, as well as a study of domestic criminal legislation and law enforcement practice on issues of parole. This analysis concluded that there are certain problems in the legal regulation of parole from serving a sentence, and judicial practice often demonstrates different approaches to solving tasks. In addition, the analysis made it possible for the author to argue that the courts practically do not impose obligations on the convicted person related to his marital and family relations. The author proposed changes to Part 2 of Art. 79 of the Criminal Code, according to which the courts, when applying parole, will be required to impose obligations on the convicted person. Among such duties, the author refers to the fulfillment of parental duties, obligations to care for elderly parents, as well as the obligation to provide material assistance to the family, to participate in the upbringing of a young child or to provide assistance (both material and other) to elderly parents if the convict does not take part in the life of loved ones.

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