scholarly journals Conflicts in law — a negative factor of law-making activities (for example, the regulation of law enforcement)

2020 ◽  
pp. 30-34
Author(s):  
Kamil’ Mursalimov
Keyword(s):  
Law Enforcement ◽  
Civil Law ◽  
Negative Factor ◽  
Law Making ◽  
Regulation Of Law

The article deals with the defects of law-making activities negatively affecting law enforcement. Theoretical and practical aspects of inconsistency of civil, criminal and civil law provisions on the basis of concrete examples are investigated.

scholarly journals SOME TRENDS IN DEVELOPMENT OF THE RUSSIAN CIVIL LAW PROCESS: IMPACT OF THE DOCTRINE AND FOREIGN PRACTICES

2015 ◽  
Vol 1 (5) ◽  
pp. 0-0
Author(s):  
Сергей Синицын ◽  
Sergey Sinitsyn
Keyword(s):  
Law Enforcement ◽  
Large Scale ◽  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Legal Regulations ◽  
Dynamic Development ◽  
The Law ◽  
Market Relations ◽  
Law Making

Codification of civil legislation is not a one-time random phenomenon in law; it is preceded by a long and meticulous work which in modern Russia pursues the aims of creating legislation sources’ system levels that ensure stable, large-scale and comprehensive legal regulation of market relations required by the turnover. Work on modernization and renewal of the Civil Code forms an integral part of codification, it shows dynamic development of the system of civil legislation. Objectives of the civil legislation codification in ХХ—ХХI involve elimination of contradictions in legislation, regulatory consolidation of new law doctrines, well-established in law enforcement practice, their structuring in the sources of civil legislation system, rationalization of legal regulations. Status of legislation and its evaluation predetermine the tendencies of its development in future, allow forecasting, designating possible risks and priorities of the law-making process.

scholarly journals INTERPRETATION OF LAW AS A CULTURAL HISTORICAL PHENOMENON

2016 ◽  
pp. 0-0
Author(s):  
Юрий Веденеев ◽  
Yuriy Vedeneev
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Civil Law ◽  
World Views ◽  
Scientific Discussion ◽  
Left Behind ◽  
Key Issues ◽  
Historical Phenomenon ◽  
Regulatory Practice ◽  
Law Making

The article is written for the purpose of the anniversary of outstanding jurist and pedagogue Ye. V. Vaskovskiy (1866—1942), who left behind legacy in the sphere of civil law and the theory of interpretation of law. The presented material is the continuation of the scientific discussion about modern trends in the sphere of law making and law enforcement. Understanding of interpretation of law in the broad context of social cultural and regulatory practice of legal organization of social relations allows abandoning elementary juridical-technical concepts about the process of interpretation of the regulatory enactments content. The article’s key issues center around differentiation between formal dogmatic versions of interpretation of law and understanding of interpretation of law as the system of cultural-historical topics, developed in the logic of specific juridical world views of individual historical eras of law existence and development.

scholarly journals CIVIL AND TAX LAW: VICE VERSA

2020 ◽  
Vol 4 (1) ◽  
pp. 65-74
Author(s):  
Marina V. Sentsova (Karaseva)
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Social Relations ◽  
Civil Law ◽  
Tax Law ◽  
Tax Legislation ◽  
The Russian Federation ◽  
The Law ◽  
The Impact ◽  
Law Making

The subject of the research is the correlation of civil and tax law institutions in the scope of legal nature of such social relations. The purpose of the article is to confirm or refute the hypothesis that when qualifying civil legal relations with tax elements, the law enforcement officer should proceed from the priority of analysis of tax legislation over civil legislation. Methodology. Methods of analysis and synthesis are used. The scientific analysis focuses on decisions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, and courts of general jurisdiction. The main results and scope of their application. The influence of civil law on tax law is carried out at the level of law-making and law enforcement. We study the law enforcement paradigms that are relevant for law enforcement activities. The current tasks of tax law-making are emphasized. Establishing the influence of tax law institutions on civil law allows us to improve some civil law institutions, create a comprehensive theory of the relationship of these legal phenomena, see trends in their development and, of course, outline ways to develop tax legislation in the aspect of tax law autonomy. The legislator should strive for maximum unification of legal terminology in tax and civil legislation so that subjects of legal relations feel legally comfortable and easily construct civil transactions based on the predicted tax consequences. Subjects of civil legal relations, before entering into certain civil transactions, should already plan their tax consequences in advance focusing not only on civil legislation, but also on tax legislation, in particular, on the classification of transactions as investment or non-investment. Conclusions. The impact of tax law on civil law is multidimensional. At least, we can talk about the impact on the levels of law-making, law enforcement, and the use of civil law institutions. When qualifying civil legal relations with tax elements, the analysis of tax legislation in comparison with civil legislation has priority.

BASIC FUNDAMENTALS OF CIVIL LAW AND THEIR IMPORTANCE

2019 ◽  
pp. 120-126
Author(s):  
Diana Vivcharuk
Keyword(s):  
Law Enforcement ◽  
Scientific Knowledge ◽  
Civil Law ◽  
Comprehensive Analysis ◽  
Practical Significance

Purpose. The purpose of the article is the regulation of relations on the principles of civil law. Methodology. The methodology includes a comprehensive analysis and a synthesis of available scientific and theoretical information. It is includes the formulation of relevant conclusions and recommendations. Such methods of scientific knowledge were used: terminological, functional, systemic-structural, logical-normative. Results: it was determined, that principles of civil law – an ideas of the civil law, that characterized by systematic,versatile, more stable, more regylated. Originality. An article is the special reseach that explores the problems of civil law in Ukraine. Practical significance. The results of the research can be used in legislation and law-enforcement activities.

Features of Judicial Practice in the Russia as the Basis of Precedent

2020 ◽  
pp. 98-106
Author(s):  
V. V. Levin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Armed Forces ◽  
Case Law ◽  
Constitutional Court ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Law Making

The article is devoted to the analysis of judicial practice as the basis of law-making activity in the Russian Federation, on the basis of which it is possible to create a precedent. Case law in Russia is Advisory in nature and is not mandatory for law enforcement practice. Courts use the signs of case law in their decisions in the reasoned part. Signs of case law is a ruling of the constitutional court of the Russian Federation and regulations of the armed forces of the Russian Federation.

Auxiliary law enforcement actions of the creditor in obligations

2021 ◽  
pp. 792-799
Author(s):  
Nikolay V. Yuzhanin
Keyword(s):  
Law Enforcement ◽  
Civil Law ◽  
Basic Action ◽  
Economic Significance ◽  
Basic Commodity ◽  
Actual Nature ◽  
Commodity Money ◽  
Subjective Rights ◽  
Operational Impact

We analyze some of the creditor’s law enforcement actions in obligations, which in the theory of civil law have become accepted to be called creditor obligations. We dispute the thesis that it is possible to classify as obligations those actions that help in the implementation of creditor’s subjective right and are part of the mechanism for its implementation. We provide an analysis of a number of creditor’s necessary actions, which act auxiliary to the basic action to implement the subjective right in obligation. We propose to abandon the concept of “obligation” in relation to those creditorial en-forcement actions, the failure of which entails sanctions that are not related to liability measures. We establish that in the obligation within the framework of mutual subjective rights and obligations, there are creditor actions that do not contain leading economic significance, but have an auxiliary nature, ensure the fulfillment of the main economic obligations arising in the basic commodity-money relationship. The creditor’s law enforcement actions include not only the acceptance of performance, but also other organizational actions of an actual nature, which, ultimately, are aimed at fulfilling the obligation by both parties. The non-fulfillment of the creditor's law enforcement actions does not entail direct responsibility for their non-fulfillment, only indirect possibilities of influencing the counterparty are established. The indirect means of influencing the creditor include the delay in fulfilling the obligation as a measure of operational impact.

scholarly journals COMMERCIAL TRANSACTION: FEATURES OF LEGAL REGULATION

2021 ◽  
Vol 37 (1) ◽  
pp. 75-79
Author(s):  
R.D. Farkhutdinov ◽  
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Civil Law ◽  
Legal Regulation ◽  
Public And Private ◽  
Conceptual Apparatus ◽  
Private Interests ◽  
Legal Limits ◽  
Commercial Transaction ◽  
Individual Features

The article suggests and justifies the concept of "commercial transaction" is currently not fixed in civil legislation as a civil definition, while a number of scientists have repeatedly justified the need and importance of fixing such a concept to solve a number of problems in legal regulation. In addition, it offers ways to solve the problem of the conceptual apparatus of the practice of separate consideration of "commercial transactions" in civil law, which allows solving a number of practical problems of law enforcement. The article uses comparative, formal-legal and functional research methods. The article identifies individual features of a commercial transaction, the legal limits of mutual synthesis of public and private interests, and determines the forms of protection of such interests.

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