scholarly journals Prospects of legal regulation of contractual relations in the sphere of lobbying management as a counteraction to corruption at the municipal level

2021 ◽  
Vol 10 (44) ◽  
pp. 38-47
Author(s):  
Oleksandr Bryhinets ◽  
Olena Нalus ◽  
Iryna Ryzhuk

The objective of the article is a comprehensive analysis of the problem of interpretation of contractual relations and their management into the legal field of the national legislation to achieve the significant reduction of corruption at the municipal level on the territory of our country. To achieve this objective, a set of philosophical-worldview, general scientific (analysis, synthesis) and special-scientific methods (systemic, structural-functional, comparative-legal) have been used. It is proved that lobbying is a subjective factor that affects the process of municipal legal regulation. Emphasis is placed on the expediency of introducing the contractual form of regulation of relations on lobbying management decisions at the municipal level. The contract on lobbying at the municipal level is defined as a multilateral agreement between the customer, lobbyist and the body of local government, which has a public-law character, establishes contractual rules of law on lobbying to influence the process of adopting normative municipal-legal acts. It is concluded that it is extremely important to organize and regulate lobbying in any country in the world, because if this phenomenon cannot be completely eradicated, it must be regulated from the legal point of view, which, in the end, will significantly reduce the level of corruption in the society.

2020 ◽  
Vol 24 (4) ◽  
pp. 1141-1168
Author(s):  
Safura T. Bagylly ◽  
Larisa N. Pavlova

The article deals with the problematic items of choosing a court competent to review court decisions that have entered into legal force on newly discovered or new circumstances in civil and administrative proceedings. The aim of the authors is to conduct a study of the legal regulation of the jurisdiction of applications for review. The methodological basis of the article was formed by general scientific (analysis, analogy, description, synthesis, and systemic approach) and particular scientific methods (historical-legal, comparative-legal, and formal-legal). A retrospective analysis of legal acts of domestic legislation has been carried out. According to the results of the study, difficulties relate to interpreting and applying the existing rules on determining the appropriate instance for revision. Based on the analysis of the judicial practice of courts of general jurisdiction and arbitral courts, the authors come to the conclusion that there is no unified approach of the courts in determining the procedural and legal consequences of violations of the rules of jurisdiction. The conclusion summarizes proposals for improving the current legislation to eliminate ambiguities and achieve uniformity in judicial practice.


Author(s):  
A. A. Fedoseev ◽  

Introduction: the article analyzes the possibility of the civil law principle of cooperation being implemented in various types of relations under civil law. Traditionally, the cooperation principle is considered in both Russian and foreign literature as the principle of fulfillment of a contractual obligation or as a group of additional obligations imposed on the parties to the contract and arising from the good faith principle. A more detailed consideration of the idea if cooperation allows us to draw a conclusion about the feasibility of this principle in other types of relations under civil law. Purpose: to justify the possibility of the cooperation principle being implemented in civil law relations other than contractual relations, namely in property legal relations, pre-contractual legal relations, and obligations from causing harm (protective legal relations). Methods: general scientific dialectical method; special scientific methods such as the method of comparative law, the technical method, the legal-dogmatic method, the historical-legal method. Results: analysis of legal regulation of such relative legal relations as contractual, pre-contractual, and protective, as well as property legal relations as a form of absolute legal relations, has shown that the cooperation principle is successfully implemented in these types of legal relations. Therefore, it is possible to consider this principle to pertain to the branch of civil law as a whole. Conclusions: the cooperation principle performs two functions: first, based on this principle, it is possible to achieve the purpose of civil law relations in a more effective way; second, this principle serves as a mechanism to overcome unforeseen circumstances that prevent the purpose of legal relations from being achieved. These functions are carried out in all the types of legal relations considered: in contractual relations – when there arise obstacles to the performance of a contract not specified in the contractual provisions; in pre-contractual relations – when there arise obstacles to achieving the purpose of negotiations (i.e. conclusion of a civil law contract); in protective relations – when there is a risk of an increase in harm or a risk of inability to fully reimburse damage in a timely manner; in property relations – when there occurs an accidental loss of a thing by the rightsholder.


2020 ◽  
Vol 16 (4-1) ◽  
pp. 185-198
Author(s):  
Марина Андрияшко

The announcement in 2020 of the COVID-19 pandemic raised the problems linked to the access to information and approaches to organizing informatization to an unprecedented level. In the context of full and partial quarantine measures, social distancing and other restrictive measures, subjects continue to participate in most of the usual legal relations: educational, medical, trade, services, voting, etc. Relations in the field of organizing legal informatization occupy a special place among other types of legal relations; moreover, their predetermining status is preserved when establishing legal restrictions. Considering the above, the study of the genesis of legal informatization on the example of the Republic of Belarus is of certain interest. Purpose: to carry out a historical and chronological analysis of the legal regulation of relations in the field of the formation and development of legal informatization in the Republic of Belarus. Methods: the author uses general scientific methods (system analysis, definitions, system-structural, functional and methods of argumentation theory) and special scientific methods (formal legal, comparative legal, comparative historical). Results: from the point of view of the chronology of adopting of normative legal acts on the development of the information society, the study develops the periodization of the formation and development of legal informatization in the Republic of Belarus.


2021 ◽  
Vol 27 (3) ◽  
pp. 611-626
Author(s):  
German N. SKLYAROV

Subject. The article analyzes legal mechanisms provided for by the current legislation to implement the measures of financial control bodies in case of revealing damages caused to a public-law entity. Objectives. The purpose is to identify problems to compensate for damage a public-law entity at the stage of implementing the results of control activity, and to find solutions. The solutions will enable to unify the activities of State (municipal) financial bodies, which will increase the effectiveness of the control. Methods. The study employes general scientific methods, like analysis, synthesis, induction and deduction, as well as formal logical and comparative law methods. Results. In the practice of financial control bodies, there are different approaches to determine damages to public-law entities. The same financial violations are treated by different financial control authorities through different legal mechanisms. The lack of common terminology and methodology is a problem that affects the performance of control bodies. Conclusions. It is necessary to classify financial violations from the point of view of their qualification and economic impact. The concept of damage should be disclosed in laws and regulations of the Ministry of Finance of the Russian Federation, or directly in the Budget Code of the Russian Federation, and formalized in methodological recommendations for calculating the amount of damage caused to public-law entities.


Author(s):  
Nikolai S. Kovalev

The object of the study is the implementation of equality principle before the law by fixing equal rights and obligations of prisoners in the normative legal acts of the Soviet state. The subject of research: provisions of normative legal acts of the Provisional Government, departmental normative acts of the People’s Commissariat of Justice of the RSFSR and People’s Commissariat for Internal Affairs of the RSFSR. As a methodological basis for cognition, general scientific methods of analysis, synthesis, induction, de-duction are used, which allow us to investigate aspects of legal reality directly related to the implementation of the principles of penal enforcement (correctional labor) legislation, to formulate reasonable conclusions. Private scientific methods: formal-legal and comparative-legal – allow us to identify differences in the legal regulation of the legal status of prisoners in the pre-war period. As a result of the conducted research, we make a reasonable conclusion that the principle of equality before the law, although it was not enshrined in specific norms regulating the procedure for the execution and serving of imprisonment, however, was manifested in the provisions regulating the legal status of persons deprived of liberty. The notions of equality before the law of both citizens in general and prisoners in particular were not the fundamental basis of the legislation of the Soviet State. Prisoners were differentiated on the basis of social affiliation, due to: 1) the principle of class approach proclaimed by the Constitution of the RSFSR; 2) the functioning of two systems of places of deprivation of liberty for prisoners with different social status; 3) regulating the execution (serving) of sentences in the form of deprivation of liberty by various regulatory legal acts.


Author(s):  
Alexander Fedyunin

The subject of this research is the issues emerging in consideration of jurisdiction of the material on extradition of a foreign citizen by the Russian Federation. The article touches upon the peculiarities of national and territorial aspect of jurisdiction, and its specific regulation in the criminal procedure law. The article employs the general scientific and private scientific methods, such as scientific analysis, generalization, comparative-legal, formal-logical, which allowed to most fully reflect the essence and problematic aspects of the selected topic. The question at hand is of major importance for the theory of criminal procedure and law enforcement practice, as the mistakes in determination of jurisdiction of the material are a severe violation of the rights, including the convict, and entail the unconditional annulment of court decision. The analysis of the most common mistakes occurred in application of the norms regulating the jurisdiction of extradition of a foreign citizen convicted by the court of the Russian Federation, as well as theoretical issues associated with determination of the court that deals with the particular issue allows outlining the vector and finding solution to the indicated problems.


Author(s):  
Tetiana Vilchyk ◽  
Alla Sokolova ◽  
Tetiana Demchyna

The objective of the article is to analyze the regulation of the legal profession and its global trends. There are many different types of regulators globally, and many different sources and methods of regulation. There is no simple approach to setting goals for regulating the legal profession in different legal systems. Although self-regulation of the legal profession is considered the basis for adhering to the standard of its independence, at the same time, academics recognize the existence of the theory of the management of the legal profession. To study these problems, the authors conducted a comparative study of the regulatory models of the legal profession in the world in terms of compliance with international standards of legal independence in different legal jurisdictions and made some suggestions to improve the legal regulation of the legal profession in Ukraine. Empirical sources for scientific research were international documents, court decisions, national legislation of Great Britain, Canada, the United States, Ireland, Scotland, Australia and others, and the work of scientists. The article uses general scientific methods - dialectic, analysis, synthesis, analogy, etc., and special methods, particularly legal, historical, and formal comparative law.


Legal Concept ◽  
2021 ◽  
pp. 167-175
Author(s):  
Ilya Dikarev ◽  
◽  
Sailaubek Baymanov ◽  

Introduction: the paper discusses the possibility of differentiating the forms of criminal prosecution. The critical analysis is subject to the widespread position in the science of criminal procedure that the forms of criminal prosecution are suspicion and accusation. This point of view is based on the conclusion that the content of criminal prosecution varies depending on the degree of proof of the guilt of the person subject to criminal prosecution. Concerning compliance with the principle of adversarial parties, the theoretical position is also evaluated, according to which one of the forms of criminal prosecution is conviction. The question of the grounds for differentiating the forms of criminal prosecution is studied. Purpose: the confirming the unified nature of the criminal prosecution carried out during the pretrial proceedings, regardless of the procedural position of the person accused of committing the crime. Methods: the paper uses the general scientific methods of analysis and synthesis, a systematic approach, as well as specific scientific methods: legal interpretation and logical-legal. The methodological framework was the dialectical method. Results: the study of the common position in the science of criminal procedure, according to which criminal prosecution at different stages of its implementation consistently takes the forms of suspicion and accusation, showed its inconsistency. From the standpoint of philosophy, the content always has a determining value, and the form is always determined. Accordingly, to establish a change in the form of criminal prosecution, it is necessary to make sure that the content of this activity changes. However, the degree of proof of the person’s involvement in the crime is not reflected in the content of the accusatory activity, it remains the same. Therefore, suspicion and accusation do not form the independent forms of criminal prosecution. At the same time, the differentiation of the forms of criminal prosecution is possible, but on different grounds. Conclusions: the differentiation of the forms of criminal prosecution should be made depending on, first, the organization of procedural activities that determine the role and powers of the subject of criminal prosecution in the process of proof; secondly, the procedural status of the participant in the criminal process on the part of the prosecution and, thirdly, the content of the fact in issue.


Author(s):  
Irīna Poļevaja

A defence attorney is a significant and notable figure in criminal proceedings who for the whole procedural activity in a criminal case, in theory, should facilitate detecting and correcting possible judicial mistakes. In this respect, it is vital to conduct a series of research in order to highlight prevalent problems and issues of a defence attorney’s participation in criminal trials and to work out relevant recommendations for trial attorneys that would help to forestall, detect and prevent judicial mistakes. A specific condition of a defence attorney’s activity in the process of evidencing at a judicial examination is his awareness of the entire system of evidences presented by the prosecution and accusation conclusions in disputable classification situations. They should rely upon the fact that a judicial examination is performed under circumstances of direct examination of evidence, oral proceedings, publicity, invariability of the body of the court, as well as the fact that both the court and the representatives of the parties take part at the examination. Rather short deadlines of a judicial examination entails working under circumstances when decisions must be taken under extreme conditions, by applying tricks and methods that would allow examining all evidence in the most productive way. It makes sense for a defence attorney to state his activity position and determination of taking an active part in evidencing already at the beginning of court hearings, by filing a motion to summoning new witnesses, experts and specialists, disclosure of material evidence and documents or exclusion of evidence obtained in the way of violating the law. 
The author of the study applied general scientific methods of studying objective reality, peculiar to legal sciences: systematic document analysis, structural-functional analysis, critical approach, generalisation and prediction. As a result, the author provides numerous recommendations and rules for successful and immaculate defence in criminal trials. Aizstāvis ir nozīmīga, ievērojama figūra kriminālprocesā, jo aizstāvja procesuālajai darbībai krimināllietā teorētiski būtu jāatvieglo iespējamo tiesas kļūdu konstatēšana un labošana. Un šajā sakarā ir vitāli svarīgi veikt virkni pētījumu, lai izceltu problēmjautājumus, kas saistīti ar aizstāvja piedalīšanos krimināllietās, un izstrādātu tādas rekomendācijas aizstāvjiem, kas praktiskajā darbībā sekmētu tiesas kļūdu paredzēšanu, konstatēšanu un novēršanu. 
Par specifisku priekšnoteikumu aizstāvja darbībai pierādīšanas procesā tiesas izmeklēšanā ir uzskatāma viņa pilnā informētība par visu pierādījumu sistēmu lietā, kuru piedāvā valsts apsūdzība, un par valsts apsūdzības apsvērumiem strīdus krimināltiesiskās kvalifikācijas gadījumos. Aizstāvim jāņem vērā, ka tiesas izmeklēšana norit pierādījumu tiešas un nepastarpinātas pārbaudes apstākļos, ievērojot mutiskuma, publicitātes un tiesas sastāva nemainīguma principus. Pierādījumu pārbaudē piedalās gan tiesa, gan visi pārējie procesa dalībnieki, kas nav aizstāvības pusē. Likuma prasība ievērot saprātīgus lietas iztiesāšanas termiņus paredz saspringtu darbu, svarīgus lēmumus pieņemot ekstremālos procesuālos apstākļos, izmantojot tādus paņēmienus un metodes, kas veicinātu efektīvu pierādījumu kopuma pārbaudi un novērtēšanu. Aizstāvim būtu ieteicams deklarēt savu aktīvu procesuālo pozīciju un paust gatavību aktīvi piedalīties pierādīšanā jau tiesas izmeklēšanas sākumā, piesakot lūgumus par jauno liecinieku, ekspertu un/vai speciālistu aicināšanu uz tiesas sēdi, kā arī piesakot lūgumus par lietisko pierādījumu un/vai dokumentu pieprasīšanu un par pierādījumu, kas iegūti, pārkāpjot likumu, izslēgšanu no pierādījumu kopuma. 
Šajā pētījumā ir izmantotas vispārīgās zinātniskās metodes, kas sekmē objektīvās realitātes izzināšanu un ir raksturīgas tiesību zinātnei, proti: sistēmiskā dokumentu analīze, strukturāli funkcionālā analīze, kritiskā pieeja, vispārināšana un prognozēšana. Secinājumos tiek piedāvātas vairākas rekomendācijas veiksmīgai, efektīvai un nevainojamai aizstāvībai pirmās instances tiesā.


2021 ◽  
Vol 110 ◽  
pp. 01016
Author(s):  
Anatoly N. Levushkin ◽  
Yana S. Grishina ◽  
Olga G. Bartkova ◽  
Tatyana V. Savina

During the economic instability, crisis processes in economic relations, and the growing prospects of a new “step” of the global economic crisis, theoretical and applied research in the field of legal support for strengthening and supporting economic development, small and medium-sized businesses, and digital technologies in the Russian Federation plays a great role. The purpose of the study: A legal study of the current legislation in order to apply the concept of synergy of family business and social entrepreneurship for the effective implementation of economic processes and solving technological problems, identify the problems of family business development in the new economic realities and propose some ways to solve them at the legislative level. The object of the study is a set of economic, entrepreneurial, civil-legal relations that arise in the implementation of family business and social entrepreneurship in modern economic realities based on new technologies. Methods: General scientific and private scientific methods of scientific cognition were used in the study: systematic, historical, logical, comparative-legal, formal-legal, and others. Novelty: It is proved that social entrepreneurship and family business should be a system-forming link in economic relations, linking the state with small and medium-sized businesses. The introduction of such form of business (social and family entrepreneurship) should eliminate many economic problems and gaps in the legal regulation of issues that arise while conducting economic activities by family members. The necessity of separating social entrepreneurship and family business into a separate economic and legal category is justified, and the expediency of consolidating the concept of social entrepreneurship and family enterprise at the federal level is proved.


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