scholarly journals Doctrinal approaches to the definition of civil procedural law

2021 ◽  
pp. 82-90
Author(s):  
Olena Shtefan
Keyword(s):  
Public Relations ◽  
International Law ◽  
The State ◽  
Legal Norms ◽  
Civil Process ◽  
Procedural Law ◽  
Civil Proceedings ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of

Keywords: civil procedural law, civil process, civil proceedings, subject of civil procedurallaw The process of reforming procedural legislation, its harmonization, harmonization with theprinciples and standards of international law, as well as other processes taking place insociety and the state are the factors that affect the need to revise the doctrinal definitions of civil procedural law. One of the most developed issues in the theory of civil procedurallaw is its definition. In turn, the development of science is impossible without reviewingeven established doctrinal approaches and provisions.An analysis of the special literature, mostly educational, led to the conclusion thatscholars use approaches to the definition of the term "civil procedural law", which weredeveloped and included in the theory of civil procedural law in the 50s-60s of the twentiethcentury. Modern definitions of civil procedural law are based on the provisions of theold invalid legislation, or on the provisions of the legislation of other countries (for example,the Russian Federation). Therefore, the purpose of this study was to review the existingdefinitions in the theory of civil procedural law and their harmonization with theprovisions of current legislation of Ukraine.In the process of researching doctrinal approaches to the definition of civil procedurallaw, it was found that researchers invest in the definition of the subject, purpose of thisbranch of law, as well as additional characteristics of civil procedural law (participants,sectoral affiliation, stage, etc.).The lack of a single doctrinal approach to the definition of the subject of civil procedurallaw, which is part of the definition of civil procedural law, prompted to study thesubject of civil procedural law and propose its author's definition.Based on the provisions of current legislation, the article presents the author's definitionof civil procedural law as a branch of law, set and system of legal norms, the subjectof which are public relations arising in civil proceedings on the basis of fair, impartialand timely consideration and resolution of civil cases in order to effectively protect violated,unrecognized or disputed rights, freedoms or interests of individuals, rights and interestsof legal entities, the interests of the state.

scholarly journals Concept of tortious legal relations and their main features

2020 ◽  
Vol 10 (19) ◽  
pp. 80-89
Author(s):  
Vladyslav Teremetskyi ◽  
◽  
Yaroslav Zhuravel ◽  
Keyword(s):  
Public Relations ◽  
Legal Liability ◽  
Criminal Offense ◽  
Legal Norms ◽  
Procedural Law ◽  
Criminal Offenses ◽  
The Subject ◽  
Characteristic Features ◽  
Definition Of

The article is focused on studying the concept, content and essence of the definition of “tortuous legal relations”. The scientific works in the researched sphere have been analyzed. The author has indicated that there are gaps in the interpretation of the term of “tortuous legal relations” in its classical meaning and the place of this type of public relations in the legal system of Ukraine. It has been proved that most of scientific works do not reveal the meaning of this term, but its certain features were only indirectly analyzed in one way or another. The relevance and necessity of formulating the author’s definition of the term of “tortious legal relations” have been substantiated. The author has offered to understand this definition as relations regulated by legal norms arising in connection with the commission of an offense (tort), establishment of the tort’s fact, the use of state coercion during the process of bringing the subject of the committed illegal act to one of the types of legal liability, restoration of violated rights and freedoms and compensation for damage. Considerable attention has been paid to the novelties of national legislation on amendments to some codified acts of substantive and procedural law; the author has provided comments on the suggested amendments. It has been noted that the legislative enshrinement of the term of “criminal offense”, as well as the division of criminal offenses into crimes and misdemeanors and the selected criteria for such division is the most controversial. The components of the term of “tortious legal relations”, namely: the terms “tort” and “legal relations” have been revealed. It has been stated that tortious legal relations arise at the time of tort’s commission and are part of the legal relations. The issue of classification of legal relations and their features has been studied. Characteristic features of tortious legal relations have been revealed. It has been concluded that tortious legal relations, which are the component of legal relations and have all their features arise during the commission of a tort by a subject of legal liability.

scholarly journals Some Arguments about the Benefits of Applying the System of Civil Procedure Law in Civil Proceedings

2020 ◽  
pp. 060-066
Author(s):  
A. D. Zolotukhin ◽  
◽  
L. A. Volchihina ◽  
Keyword(s):  
Positive Result ◽  
Civil Procedure ◽  
Legal Norms ◽  
Legal Proceedings ◽  
Procedural Law ◽  
Civil Proceedings ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship

On the basis of research, the structure of civil procedural law is defined as a system rather than an elementary set of legal norms and institutions. Determining the significance of the system of civil procedural law, it was concluded that having individuality, such a structure is one of the features that distinguish civil procedural law from other branches of law. The authors also come to the conclusion that the established properties of the system of civil procedural law, such as unity, interconnection (interaction) and independence of application, determine the possibility of applying individual elements of the structure of the system of civil procedural law, when considering substantive situations as an independent both individually and collectively. This ensures the possibility of obtaining the required positive result and characterizes it as universal. Critically examining various concepts, the authors offer their own definition of the concept of the system of civil procedural law. The conclusion is also made about the relationship of the system of civil procedural law with the principles of civil procedural law and the procedural form of civil legal proceedings.

Features of legal regulation of the state debt of the Russian Federation subject in the context of changes in budget legislation

2020 ◽  
pp. 98-104
Author(s):  
Iu. K. Tsaregradskaya
Keyword(s):  
Russian Federation ◽  
Public Debt ◽  
Legal Regulation ◽  
Maximum Amount ◽  
The State ◽  
Debt Management ◽  
The Subject ◽  
The Russian Federation ◽  
Public Debt Management ◽  
Definition Of

The main changes in the budget legislation related to digitalization and public debt managementof the Russian Federation, that are manifested in the functioning of the electronic budget of the state and the consolidation of the legal definition of "public debt management", are considered. The author concludes that currently the legislator pays special attention to the issues of setting the upper limit of public debt, the maximum amount of borrowing by the subjects of the Russian Federation, as well as determining the debt sustainability of regions. Foreign experience of regulating such issues is analyzed on the example of a number of countries-Germany, Spain and Italy. Subjects of the Russian Federation with different debt loads are considered, as well as trends related to its increase or change. Also the possibilities of assigning the region to one of the groups with a certain level of debt stability of the subject are analyzed.

scholarly journals ADMINISTRATIVE LAW MECHANISM FOR THE IMPLEMENTATION OF PRIVATE INTERESTS

2020 ◽  
Vol 1 (37) ◽  
pp. 57
Author(s):  
L. Konduforova
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Administrative Law ◽  
Legal Norms ◽  
Private Interests ◽  
The Subject ◽  
Definition Of ◽  
Legal Mechanism ◽  
Structural Methods

The subject of the article is the determination of the essence of the administrative-legal mechanism for the implementation of private interests. The purpose of the article is to formulate the concept of this mechanism and to determine its elements. This goal led to the use of formal-dogmatic and system-structural methods with which the author determines the structure of the administrative-legal mechanism for the implementation of private interests. The author offers his own definition of administrative and legal mechanism for the implementation of private interests. The results of the study can be used in legislative work in the field of protecting the rights and freedoms of participants in public relations, as well as in law enforcement.Key words: administrative-legal mechanism, administrative-legal relations, administrative-legal norms, private interests, public administration, administrative-legal means.

scholarly journals Petty crime: quo vadis?

2020 ◽  
pp. 20-29
Author(s):  
Elena Aleksandrovna Suponina ◽  
Igor' Petrovich Dolgikh
Keyword(s):  
Russian Federation ◽  
Academic Community ◽  
Public Place ◽  
Federal Law ◽  
Legal Norms ◽  
Systemic Analysis ◽  
The Subject ◽  
The Russian Federation ◽  
Quo Vadis ◽  
Definition Of

The subject of this research is the normative gaps that have been an intrinsic part of petty crime for many years. Among most discussible within the academic community problems related to such legal violation, the author selected the following: absence of legal definition of the concept of obscenities in the national legislation; complexity of delimitation of petty crime from the adjacent administrative and criminal offences; disaccord in interpretation of the concept of “public place”. Particular attention is paid to the prospects of optimization of administrative-legal norms established in the Article 20.1 of the Code of Administrative Offences of the Russian Federation. The main conclusion of the conducted research lies in the statement that from the perspective of legal technique, the article 20.1 of the Code of Administrative Offences of the Russian Federation is in a permanent motion. However, this motion is chaotic and inconsequential. The introduced amendments to the text of codified law did not enhanced the protection of public order, as well as created the additional difficulties for the law enforcer. This article makes an attempt of systemic analysis of provisions of the Federal Law No.28-FZ of 03.18.2019 that complemented the article 20.1 of the Code of Administrative Offences of the Russian Federation with the Sections 3-5.

scholarly journals Category “measure” in the theory of penal law

2021 ◽  
Vol 1 (11) ◽  
pp. 28-31
Author(s):  
V.K. BAKULIN ◽  
Keyword(s):  
Russian Federation ◽  
Legal Obligation ◽  
Procedural Law ◽  
Procedure Code ◽  
Penal Law ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship

The article analyzes the philosophical category “measure”, which due to its universality and comprehensiveness finds expression in law, since subjective law and legal obligation are always a measure of the possible or necessary behavior of the subjects of legal relations. The relationship of the category “measure” with the institutions of criminal and criminal procedural law is shown. The article examines the demonstrations of this category in the institutions of the penal law, which makes it possible to formulate the definition of a measure in the penal law and systematize the existing ones. There is revealed the need to change the subject of the penal law as a branch of law in connection with the empowerment of criminal executive inspectorates with the authority to implement measures of procedural coercion, provided for by the Criminal Procedure Code of the Russian Federation.

The Object of Proving in Cases of Transfer of a Foreigner Sentenced to Imprisonment by a Court of the Russian Federation to Serve a Sentence in the State of Which the Convicted Person is a Citizen

2021 ◽  
Vol 4 ◽  
pp. 101-107
Author(s):  
A. A. Fedyunin
Keyword(s):  
Russian Federation ◽  
Complex Structure ◽  
The State ◽  
Structural Units ◽  
Domestic Legislation ◽  
Legitimate Interests ◽  
The Subject ◽  
The Russian Federation ◽  
Injured Party ◽  
Definition Of

During the court’s consideration of the questions which are provided in the paragraph 20 Article 397 Code of criminal procedure, the definition of the circumstances, the presence or absence of which is to be determined when making decisions, it is necessary to respect the rights and legitimate interests of not only the convict but also the injured party, as well as the purposes of the punishment. The errors in establishing the circumstances that constitute the fact to be proven in the definite category of cases, lead to the cancellation or changing the court's decision. The complex structure of the subject, its features are conditioned with specifics of the process of proof in this category of cases and the specifics of legal relations that go beyond the legislation of one country. To determine the circumstances included in each of the structural units of the subject of proof, it is necessary to refer both to international legal conventions (General subject of proof) and to international legal treaties between particular States or to the domestic legislation of the Russian Federation (special subject of proof).

On the issue of understanding administrative proceedings

2020 ◽  
pp. 135-140
Author(s):  
Valentin Nazarov ◽  
Tat’yana Akimova
Keyword(s):  
Russian Federation ◽  
Practical Implementation ◽  
Public Interests ◽  
Legal Norms ◽  
Legal Proceedings ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of ◽  
Judicial Procedure ◽  
Administrative Proceedings

We point out some trends observed in the development of Russian justice. We note the features of the historical development of the state that have influenced the legislative consolidation of administrative legal proceedings. Exploring the main approaches to the definition of administrative legal proceedings, we conditionally combine them into three large groups and characterize each of them. The various positions of legal scholars on the legal nature of administrative legal proceedings are illustrated. It is indicated that with the adoption of the Code of Administrative Judicial Procedure, there was a separation of administrative proceedings from other types, the result of which is the creation of administrative and legal means to ensure and protect public interests as well as the practical implementation of constitutional legal norms on administrative legal proceedings. We specify that the independent nature of administrative legal proceedings is determined by the specifics of this process. The features characteristic for this type of legal proceedings are analyzed. We express an opinion on the need for a more clear and unambiguous formulation of the subject of regulation of the Code of Administrative Judicial Procedure of the Russian Federation and its normative consolidation. Despite the fact that more than four years have passed since the adoption of the Code, the controversy surrounding the subject of regulation of the Code of Administrative Judicial Procedure of the Russian Federation continues to this day. In addition, we reveal the most important results of the adoption of the Code of Administrative Judicial Procedure.

Part III The Current International Law of State Immunity, 10 The Definition of the Foreign State

2015 ◽  
Author(s):  
Fox Hazel ◽  
Webb Philippa
Keyword(s):  
International Law ◽  
Internal Structure ◽  
The State ◽  
Legal Person ◽  
State Immunity ◽  
General Law ◽  
Foreign State ◽  
The Subject ◽  
Definition Of ◽  
Domestic Law

This chapter sets out definition of the State to which the rule of immunity applies, which is an important element in the operation of the rules and UNCSI's treatment of this subject. In conjunction with this, the chapter discusses two (of three) aspects of the State within the context of State immunity: the external attributes of the State as a legal person by reference to international law; and the internal attributes of the State, as determined by its constitutional and domestic law, which make up its internal structure comprising its organs, departments, agencies, and representatives. Both the external and internal attributes of statehood are also the subject of the general law relating to the State as a subject of international law.

scholarly journals Legal regulation of the institution of the partiesfrom the standpoint of the principle of balance of civil procedural legal relations

2021 ◽  
pp. 90-102
Author(s):  
Оksana Shutenko
Keyword(s):  
Modern Science ◽  
Legal Regulation ◽  
Legal Anthropology ◽  
Civil Process ◽  
Procedural Law ◽  
Civil Proceedings ◽  
Starting Point ◽  
Legislative Regulation ◽  
The Subject ◽  
Procedural Rights

The modern science of civil procedural law is experiencing a new stage of understanding the institution of the parties, which is associated with the study of the principle of balance of civil procedural law. The basis of non-priority participation in the process of the plaintiff and the defendant determines the legislative regulation of the institution of the parties. This rule should be considered as one of the manifestations of a fair trial, as it is a manifestation of the balance of interests of the parties during the proceedings. In the spirit of this principle, it is proposed to improve the procedures for involving accomplices and replacing an improper party in civil proceedings. The principle of the balance of civil procedural legal relations is, first, that the amount of legal interest of the subject of the process is directly proportional to the scope of his procedural rights. Thus, the purpose of civil process - restoration of the broken right is reached. Meanwhile, the legislator does not always manage to comply with the relevant legal regulations. In particular, the rules relating to the institution of procedural complicity and replacement of the improper party. The mistake of the legislative regulation of this mechanism is, in our opinion, a misunderstanding of the principle of equality of arms: the court cannot involve the co-plaintiff, and therefore cannot involve the co-defendant. The different nature of the institutions of the plaintiff and the defendant does not allow the same approach to legal regulation. This inequality is compensated by other principles, rules and institutions of civil procedural law. But the starting point is that at the beginning of the case the plaintiff attacks, initiates the process, and the defendant is involved in the process. Keywords: civil process, parties of civil process, principle of balance, legal anthropology, procedural complicity, replacement of improper party.

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