scholarly journals RECOGNITION OF A CONTRACT AS NULL AND VOID AS A MEANS OF PROTECTING CIVIL RIGHTS

2020 ◽  
pp. 229-234
Author(s):  
Valeriya A. Goncharova
Keyword(s):  
Civil Rights ◽  
Civil Law ◽  
Legal Regulation ◽  
Legal Nature ◽  
Different Levels

The article considers the problems of correlation of recognition of a contract as null and void as an independent means of protecting civil rights. It is noted that the reform of civil legislation in 2013–2015. Equally affected is the legal regulation of both of these methods, at the same time not resolving a number of problematic issues regarding their scope and grounds. The article concludes that, despite the attention to this issue in the literature, as well as the presence of certain conclusions of the highest judicial instances, the doctrine of civil law is not characterised by unity in the ratio of non-conclusion and invalidity of contracts. In the aspect of the issues raised in the article, an analysis is made of the understanding of the essential conditions, the coordination of which is necessary for the conclusion of the contract, as well as the approaches to the ratio of conclusion and reality existing in the doctrine of Russian civil law. Situations are considered when the requirement to declare the contract null and void and the requirement to declare the contract invalid are substantially close to each other by legal nature. The author’s approach to distinguishing between these methods of protection on the basis of their grounds is proposed, suggesting that the non-conclusion and invalidity of contracts are two different levels of their defects.

scholarly journals Issues of Civil Law Regulation Regarding the Protection of Civil Rights When Using Genetic Information

2021 ◽  
pp. 263-284
Author(s):  
E. M. Tuzhilova-Ordanskaya ◽  
◽  
E. V. Akhtyamova ◽  
Keyword(s):  
Civil Rights ◽  
Genetic Information ◽  
Civil Law ◽  
Personal Data ◽  
Legal Regulation ◽  
Private Life ◽  
Genetic Diagnostics ◽  
Legal Nature ◽  
Improper Use ◽  
Law Regulation

Introduction: the article deals with some basic legal issues that arise from the use of human genetic information. There exist some issues of defining the legal nature of such information, which we identify in the article. Current legal regulation is not able to take into account the peculiarities of genetic information and provide an effective protection against the misappropriation and improper use of genetic information when carrying out genetic diagnostics, working with biomaterials. At the moment, special public law and civil law regulation of the procedure for obtaining, accumulating, processing, accessing, and protecting genetic information is required. Purpose: to develop a conception of the legal nature of genetic information, to identify the issues in the field of civil rights protection when using genetic information, to propose possible ways of resolving those, which is done in the article based on the analysis of scientific works as well as international and Russian legislation. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic. Specific scientific methods: legal-dogmatic method and the method of interpretation of legal norms. Results: in order to overcome the issues associated with the use of genetic information, it is necessary to develop an effective system of legal guarantees aimed at ensuring respect for human dignity, protecting rights and interests of an individual, protecting their genetic information in order to prevent possible harm from its improper use. Conclusion: in order to prevent the threat of illegal use of genetic information and violation of human rights, the government must take a number of important measures and introduce amendments and supplements into the statutory regulations: genetic information of an individual must acquire a special legal status, namely, it must be set apart from the group of personal biometric information and form an independent type of personal data with restricted access based on the kinship (blood) relationship between third parties and the carrier of such information; it is important to bring the provisions of civil legislation into line with the Law on Personal Data; it is necessary to legislatively specify the regime of the use and preservation of genetic information obtained as a result of gene diagnostics and to provide the legal framework for the activities of biobanks. Such amendments and supplements would make it possible to form a unified system of ways of genetic information protection as a right in combination with the norms on the protection of private life.

scholarly journals Legal status of cryptocurrency in Asian countries

2021 ◽  
Vol 66 ◽  
pp. 96-102
Author(s):  
V.M. Logoida
Keyword(s):  
Civil Rights ◽  
Government Regulation ◽  
Legal Status ◽  
Legal Regulation ◽  
Intangible Asset ◽  
Asian Countries ◽  
Legal Nature ◽  
Liberal Approach ◽  
Definition Of ◽  
Almost All

The article is devoted to the study of the experience of legal regulation of the legal status of cryptocurrencies and transactions with them in Asian countries (except for the People's Republic of China and Asian countries - members of the Commonwealth of Independent States, as the author examined them in separate publications). In the article the author, based on the study of regulations, administrative and judicial practice of all major countries in this part of the world, emphasizes the divergent trends in cryptocurrency transactions regulation in the region, when some countries move from a liberal approach to the use of cryptocurrencies to their total ban and vice versa. It is noted that almost all countries in the region give a legal assessment of the payment function of cryptocurrencies, using regulatory or prohibitive approaches, depending on the chosen policy, which indirectly confirms their understanding of the legal nature of cryptocurrencies primarily as a means of payment. At the same time, these countries not only categorically distinguish cryptocurrencies from fiat money issued by central banks, but also mostly avoid the official definition of cryptocurrency as private (decentralized) cash, preferring to qualify them as an intangible asset, virtual asset, digital asset, financial value and even a good or service, which is currently a kind of compromise between political expediency and economic realities. The author also notes that the Asian region is characterized by very active attempts to resolve the legal status of cryptocurrencies at the legislative level, and not just administrative or judicial response to the actual legal relationship, although the progress of different countries in this matter is different. As a result, the author concludes that in the Asian countries considered in the article, there is no same view on the legal nature of cryptocurrency, its qualification as an object of civil rights, and ways to regulate transactions with it (libertarian approach, positive-cryptocurrency approach but with detailed government regulation and control or a completely restrictive policy in relation to the cryptocurrency market).

scholarly journals Legal nature of the requirements of the banking legislation of Ukraine to ensure credit operations of banks

2021 ◽  
pp. 297-305
Author(s):  
Anatoliy Babaskin
Keyword(s):  
Credit Card ◽  
Civil Law ◽  
Legal Regulation ◽  
Functional Method ◽  
Point Of View ◽  
The European Union ◽  
Scientific Publications ◽  
Economic Point ◽  
Legal Nature ◽  
The Right

Іintroduction. Despite the fact that a significant number of scientific publications by well-known Ukrainian authors are devoted to the issues of legal regulation of credit obligations, at the same time separate studies of banking legislation requirements on "acceptability of collateral" have not been conducted in Ukrainian civil science in recent years. This, taking into account the gradual alignment of banking legislation of Ukraine with the standards of Basel III, and Directive 2002/47 / EC of the European Parliament and of the Council of 6 June 2002 on financial collateral mechanisms, necessitates such scientific research. The aim of the article. On the basis of the analysis of the legislation of Ukraine, the legislation of the European Union, scientific advances in the sphere of civil law and banking legislation, in the context of the analysis of the banking legislation of Ukraine, it is safe for creditors. In order to achieve this goal: 1. Conduct an analysis of civil and legal species for the protection of crops for the subject of іх possible delivery to “acceptable safety” and vrahuvannya banks when opening a credit card. 2. Significantly "quasi-security", as viewed by the banking legislation in the form of "acceptable security" for credit cards. 3. Zdіysniti analysis of the approaches to the legislation of the EU in the field of protection from credit denominations. Results. The methodological basis of the study is general scientific and special legal methods of scientific knowledge. In particular, the dialectical method, the method of analysis and synthesis, the comparative law method, the functional method, the modeling method, etc. Conclusions. First, the banking legislation does not consider as "acceptable collateral" such types of collateral as penalty, surety, deposit, retention. Secondly, the banking legislation considers as "acceptable collateral" not only those specified in Part 1 of Art. 546 of the Civil Code of Ukraine types of security for performance of obligations (pledge, right of trust ownership, guarantee), and other types of security for performance of obligations provided by law or contract (reserve letter of credit, performing the function of financial guarantee, guarantees of public entities, guarantee payment), but also contractual constructions which do not concern types of maintenance of performance of obligations (repo agreements). Thus, the banking legislation considers collateral in credit operations from the economic point of view, according to which "acceptable collateral" is only such liquid collateral that guarantees the rapid recovery of the property of the creditor bank, which suffered damage due to default or improper performance of the counterparty loan obligation, as well as "quasi-collateral", if such is referred by banking legislation to "acceptable collateral". Third, the existence of rules in the banking legislation on the acceptability of collateral in no way affects the right of banks to use any type of collateral provided by law or contract, if the application of such is possible in credit relations, taking into account the legal nature of the relevant types. software. Fourth, the set of regulations of the National Bank of Ukraine on the acceptability of collateral can be considered as an institution of banking law, which includes as rules of civil law governing the types of collateral, other rules of contract law governing other "quasi-collateral" contractual constructions, as well as public-law special norms of banking legislation, which establish additional regulatory requirements for banks to ensure credit operations and calculate credit risk.

Jeszcze w sprawie wielostronności, kauzalności i braku wzajemności umowy spółki cywilnej

2018 ◽  
Vol 72 ◽  
pp. 221-243
Author(s):  
Michał Możdżeń-Marcinkowski ◽  
Robert Rykowski
Keyword(s):  
Potential Application ◽  
Legal Status ◽  
Civil Law ◽  
Legal Regulation ◽  
Political Transformation ◽  
Law Firm ◽  
Legal Entity ◽  
Economic Context ◽  
Civil Partnership ◽  
Legal Nature

By this article authors have opportunity to take part in the discussion on multilateralism, causality and non-reciprocity of civil partnership agreements in Polish legal regulation. The article provides an in-depth, normative analysis of the legal nature of a so called “civil law company” in the context of its complex, practical and theoretical organizational nature. Authors took up the civil law firm as a legal entity. As a result of the changed legal and economic context in Poland after the period of political transformation, it became necessary to redefine many issues. An example of this is the discussion on the legal status of a civil partnership as well as the controversy about its qualification as an entrepreneur or as an organization. The intention of the authors is to try to draw attention to the fact that, with such diversity of potential application of a civil law partnership in business, the maintenance of one broad regulation, which is currently included in Art. 860–875 of Polish Civil Code is non-functional.

Legal Regulation of Interest Rates under the Loan Agreement, with the Participation of the Borrower – the Entity, under the Civil Law of Ukraine and Germany: A Comparative Characteristic

2019 ◽  
Vol 10 (3) ◽  
pp. 695
Author(s):  
Anatoly Yu. BABASKIN
Keyword(s):  
European Union ◽  
Comparative Analysis ◽  
Interest Rates ◽  
Civil Law ◽  
Developed Countries ◽  
Legal Regulation ◽  
Comparative Characteristic ◽  
The European Union ◽  
Legal Nature ◽  
Credit Agreement

The relevance of the study is due to the fact that there is a growing need to study civil law and its practice in Ukraine and the most economically developed countries of the European Union. The purpose of the study is to conduct a comparative analysis of the legal regulation of interest rates under the loan agreement, with the participation of the entity, in the civil legislation of Ukraine and Germany, in order to identify similar features, differences, deficiencies in their legal regulation, and identify possible areas for improvement of the rules of civil law of Ukraine. The article investigates the legal nature of interest rates in credit relations, legal regulation of types of interest rates, bases of accrual of interest on a loan, restriction of freedom to set the amount of interest rate on a loan agreement, the order of payment of interest on a loan, etc. In the course of the research, similar features and differences in the legal regulation of interest rates in the credit agreement in the legislation of Ukraine and Germany were identified, deficiencies and possible directions of improvement of the civil legislation of Ukraine in the specified field were identified.

Tendencies of Development of Legal Regulation Emission and Turnover Bonds in the Legislation of Poland

10.12737/397 ◽  
2013 ◽  
Vol 1 (1) ◽  
pp. 0-0
Author(s):  
Андрей Богустов ◽  
Andrei Bogustov
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
Civil Law ◽  
Legal Regulation ◽  
Securities Market ◽  
Concept Definition ◽  
Current Trends ◽  
The Subject ◽  
Definition Of ◽  
Debt Holders

The subject of research is the notion and the features of a bond as a subject of the Polish civil law. The aim of research is the exposure of the current trends of legal regulation of bond issue and handling on example of the legislation of Poland. The methodological basis of the research contains the comparative law approach. In the course of investigation the author has come to the conclusion that the legislation of Poland governing the issue and handling of bonds reflects a number of current trends of the development of civil law as following: the differentiation of legal regulation of the securities market, the unacceptance of the universal concept definition of the term «security», the dematerialization of the securities, the approximation of the legal status of a share and a bond, the enhancement of the measures of the corporation’s shareholders and debt holders protection, the approximation and mutual loanword of the common and continental law countries legislation, the extention of the frame of reference of legal civil rights represented with securities.

scholarly journals Electronic Money: the Problem of Determining the Place in the System of Objects of Civil Rights

Legal Concept ◽  
2020 ◽  
pp. 110-115
Author(s):  
Ekaterina Vavilova
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Legal Regulation ◽  
Civil Code ◽  
Electronic Money ◽  
Advanced Level ◽  
Legal Method ◽  
Legal Nature ◽  
The Russian Federation

Introduction: with the development of the digital economy, the sphere of non-cash payments reaches its peak value. This legal institution is particularly important in connection with the goal set in Russia’s strategic documents to improve the quality of non-cash payments and bring them to a new, technologically advanced level. The good legal regulation of certain legal issues in this regard is one of the most urgent tasks of the modern state. In this regard, the author aims to study an important element of the system of non-cash payments –electronic money – and determine its place in the civil rights system. Methods: the methodological framework for this research is a set of methods of scientific knowledge, among which the main ones are the comparative legal method, as well as the methods of systematicity and analysis. Results: the author’s well-founded position is based on the analysis of the legislation and opinions of the scientists expressed in the competent scientific community on the issue of recognizing electronic money as an object of civil rights and, accordingly, assigning it to a certain category of objects named in Article 128 of the Civil Code of the Russian Federation. Conclusions: the study proved that the lack of full understanding of the legal nature of electronic money was connected with the unresolved issue of its belonging to the objects of civil rights, in whose connection it substantiated the belonging of electronic money to the rights of obligation to claim to be included in Article 128 of the Civil Code of the Russian Federation as an object of civil rights.

INTERNATIONAL AGREEMENTS AS SOURCES OF CIVIL LAW OF UKRAINE

2017 ◽  
Author(s):  
Iryna Horodetska ◽  
Keyword(s):  
Public Relations ◽  
Civil Law ◽  
Scientific Work ◽  
Legal Regulation ◽  
International Treaties ◽  
International Treaty ◽  
Legal Nature ◽  
Conceptual Study ◽  
The Relationship

The article is devoted to the features and functional purpose of such sources of civil law of Ukraine as international treaties. Based on the analysis of the theory of civil law, scientific approaches to understanding of the concept and system of sources of civil law, the relationship between the concepts of "international legal act" and "international treaty" are studied. The scientific work considers the characteristics and features of international treaties as sources of civil law of Ukraine, their role in the regulation of civil relations and their place in the system of national law. It is concluded that the current transformational changes that take place in Ukrainian society are inextricably linked with European integration processes and the need to bring the components of the legal system of Ukraine in line with the principles, norms and standards of European law. Objective strengthening of the role of international treaties in the settlement of not only international but also domestic civil relations necessitates a thorough conceptual study of the legal nature of international treaties, their place in the system of regulations of Ukraine and the relationship with civil law, which in its turn is an extremely important and, at the same time, difficult task. In this regard, it is quite logical to intensify the scientific discourse concerning the place of international treaties in the system of national law in different states. At the same time, while not denying the certainly important role played by international treaties in the settlement of civil legal (private) relations, we emphasize that the key to the effective functioning of the mechanism of legal regulation of public relations in this area is the need to achieve balance at interpenetration and interplay of principles and norms of domestic and international law as interdependent systems.

Absolute and Relative Subjective Civil Rights: Theoretical Issues

2016 ◽  
Vol 4 (2) ◽  
pp. 0-0
Author(s):  
Сергей Синицын ◽  
Sergey Sinitsyn
Keyword(s):  
Civil Rights ◽  
Public Relations ◽  
Civil Law ◽  
Legal Regulation ◽  
Legal Order ◽  
Legal Obligation ◽  
Subjective Rights ◽  
Theoretical Issues

The author demonstrates that subjective rights are a precondition and the main object of legal regulation of public relations. Subjective rights are not a preference or a zone of exclusive competence of the civil law, but an object of comprehensive inter-branch legal regulation in any legal order. The author focuses on subjective civil rights and their classification into absolute and relative ones. The article considers and analyses the doctrine of absolute and relative subjective rights which dominates in the Russian and foreign jurisprudence. The author proves impossibility and groundlessness of differentiation of absolute and relative rights by the number of subjects liable, analyses general passive legal obligation, and substantiates its public rather than civil-law nature. In conclusion the author suggests his vision and understanding of absolute and relative subjective rights.

scholarly journals Court Judgement as a Jural Fact in Civil Law: Doctrinal Discourse and the Problem of Legal Formulations

2021 ◽  
pp. 240-262
Author(s):  
V. G. Golubtsov ◽  
Keyword(s):  
Civil Rights ◽  
Civil Law ◽  
Modern Science ◽  
Legal Regulation ◽  
Public Law ◽  
Procedural Law ◽  
The One ◽  
The Right ◽  
Substantive Law ◽  
The Relationship

Introduction: the role of the court judgement that determines civil rights and obligations remains not completely perceived in civil law. In the modern science of civil law, no definite theoretical views on this subject have yet been formed, except for those that were formulated in the period when the science was actively discussing the very fact of referring court judgements to jural facts of civil law. In the article, we address this issue through reviewing, analyzing and generalizing the existing scientific views, with inter-disciplinary aspects also involved. The scope of study includes the disputable issues of the legislative definition of the court judgement seen as the basis for the commencement of civil rights and obligations and also the analysis of methodological positions significant for the research. Purpose: while taking the theory of modificatory claims as what is recognized in the modern doctrine of civil procedural law, to investigate the right-establishing force of the court judgement defined by the legislator as a jural fact of civil law. Methods: the methodological framework of the research is based on the general scientific method of scientific cognition, which reflects the relationship between the doctrine and law enforcement, as well as methods of dialectics, analysis, synthesis, analogy, functional, interdisciplinary, and system approaches. Results: the article proposes a system of concepts with the court judgment in its civil law meaning of a jural fact of substantive law lying at the core. Based on this system, we can state that the relationship between such concepts as the ‘court judgement’ and the ‘jural fact of substantive law’ is to a greater extent speculative. It is not sufficient to explain a court judgement as the basis for the commencement of civil law relations only based on the theory of procedural law, which divides all claims into declarative and constitutive ones. We argue that the concept ‘court judgement’ in its substantive meaning has a dual civil law function: (1) in the meaning of its right-restorative function – as a result of the protection of a violated civil right, and (2) as one of the grounds for the establishment of civil rights and obligations resulting from a private person’s initiative and the court authority. The right of the court to deliver right-establishing judgements that become one of the legal regulation elements within civil law, is an exception to the general civil law rule implying the discretionary method of regulation, according to which the parties determine their rights and obligations by mutual agreement. Following the analysis of the doctrinal views on the concept of the court judgement in its substantive meaning, which many authors consider to be the one not corresponding to its broader procedural meaning, we justify the position that there are no obvious grounds for diagnosticating the alleged contradiction between substantive and procedural legislation in terms of the logical scope of the ‘court judgement’ concept. It is more important to see the real legal meaning of this concept in the civil law reality, which involves a combination of the substantive law significance of a court judgement for establishing civil rights and obligations and the public law essence of this act, which is manifested not in private actions of the interested persons themselves but in unilateral actions of the court as a public law subject. We also formulated some methodological positions that could serve as theoretical guidelines for further research into the problem of the court judgement as one of the jural facts of civil law.

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