scholarly journals Features of individual legal regulation of force majeure circumstances

2021 ◽  
pp. 192-197
Author(s):  
Patimat Nazhmutdinova
Keyword(s):  
Legal Regulation ◽  
Judicial Practice ◽  
Legal Science ◽  
Force Majeure ◽  
Characteristic Features

The article reveals the specifics of individual legal regulation of force majeure circumstances. The author analyzes the existing legal science classifications of the designated type of legal regulation, examines the features of each of them, provides examples from the current Russian legislation and materials of judicial practice. The characteristic features of individual legal regulation, under which force majeure circumstances fall, are formulated.

scholarly journals The Role of Judicial Practice in the Legal Regulation of Insurance Contractual Relations

2020 ◽  
pp. 97-105
Author(s):  
Nadiia Milovska
Keyword(s):  
Insurance Industry ◽  
Self Regulation ◽  
Legal Regulation ◽  
Social Regulation ◽  
Important Place ◽  
Judicial Practice ◽  
Moral Standards ◽  
Contractual Relations ◽  
Characteristic Features ◽  
Legal Forms

he article is devoted to determining the concept, role and significance of judicial practice in the legal regulation of insurance contractual relations, the establishment of its characteristic features and its correlation with other sources of legal regulation of the relevant relations. It has been established that the legal regulation of insurance contractual relations represents a state-dominant influence on such relations by a combination of legal means by which specific entities (the insurer and the insured) influence the legal relationship in the insurance industry by establishing specific contractual conditions in order to consolidate relations between them in order to streamline them in accordance with the needs of society as a whole and specific entities in particular. Legal regulation of insurance contractual relations is carried out using various legal forms that differ in the level and manner of their consolidation. In the system of sources of legal regulation of direct contractual relations on insurance, the following are distinguished: sources of normative (general) regulation (normative legal act, legal custom, judicial precedent, standard contract, general principles of law) and sources of individual regulation (specific insurance contract, the contents of which constitute the totality conditions determined at the discretion of the parties and agreed by them). In addition, on the basis of state-power nature and belonging to a certain type of social regulation, the sources of legal regulation of contractual insurance relations are: a) substantial, formal sources of law (institutional sources), which coincides with the form of law as a way of expressing the rules of conduct that are contained in the rules of law (multilevel regulatory legal acts in the field of insurance); b) the totality of social regulators (extra-legal sources), which are characterized by direct or indirect recognition by their state of regulators of insurance relations, which are constituted by the customs of business turnover, moral standards; c) judicial practice, which is characterized by a combination of institutional, non-legal sources and contractual self-regulation. It is noted that judicial practice is the result of judicial regulation, affects the practice of law enforcement, the actual formation of insurance relations in society, changes in insurance legislation and occupies an important place in social regulation. Key words: judicial practice, legal regulation, insurance contractual relations, sources of legal regulation, non-legal sources, social regulators.

scholarly journals Agreements to Eliminate Liability for Breach of a Contractual Obligation: Comparative Analysis of the Legal Regulation and Judicial Practice

Legal Concept ◽  
2021 ◽  
pp. 123-130
Author(s):  
Natalia Kagalnitskova ◽  
Olga Tolstova
Keyword(s):  
Legal Regulation ◽  
Scientific Methods ◽  
Freedom Of Contract ◽  
Contractual Obligation ◽  
Judicial Practice ◽  
Force Majeure ◽  
Legal Nature ◽  
General Scientific ◽  
Contractual Obligations ◽  
Weak Party

Introduction: modern legal science is faced with the task of developing the concept of an agreement on the elimination of contractual civil liability: determining its legal nature, scope and conditions for its implementation. For this purpose, the authors of the paper attempt to model the theoretical and legal basis of the agreement on the elimination of contractual liability of the debtor for non-performance, improper performance of its obligations. Using the general scientific methods – synthesis, analysis, comparative and dialectical methods, as well as the specific scientific methods of cognition, in particular, formal-legal, structural-functional and others, the authors determine the legal nature and scope of the agreement on the elimination of contractual liability for violation of a contractual obligation, and examine the practice of such application. Results: it is indicated that within the framework of the agreement on the elimination of contractual liability, it is possible to expand the list of circumstances related to “force majeure”, but taking into account the criterion of the latter: emergency and insurmountability. Conclusions: an agreement to eliminate contractual liability is not possible in contractual obligations involving a weak party, unless it is concluded in its favor. Therefore, the main scope of their application is the obligations related to the implementation of business activities. The possibility of concluding this agreement is a manifestation of the principles of autonomy of will and freedom of contract.

scholarly journals Problems of uncertainty of force majeure circumstances abstract

2020 ◽  
pp. 134-139
Author(s):  
Patimat Nazhmutdinova
Keyword(s):  
Legal Regulation ◽  
Judicial Practice ◽  
Force Majeure ◽  
Coronavirus Infection ◽  
The Individual

The article deals with the problem of the phenomenon of uncertainty in determining and qualifying force majeure circumstances. The analysis of judicial practice on the interpretation of the certainty of force majeure circumstances, including in the context of the spread of a new coronavirus infection (COVID-19). Conclusions and suggestions are made to improve the individual legal regulation of force majeure circumstances.

Partially Moral Legal Relations. Who is to Blame? (Review of the Monograph: Serkov P. P. Legal Relation. The Morality of Modern Legal Regulation. M.: Norma, 2020. – 686 p.)

2020 ◽  
Vol 12 ◽  
pp. 67-74
Author(s):  
E. I. Kolyushin
Keyword(s):  
Liberal Arts ◽  
Legal Regulation ◽  
Moral Law ◽  
Legal Relation ◽  
Legal Science

The solution to the problem of the relations between morality and law proposed in the monograph is a serious attempt to create a new concept of moral law and legal relations using the achievements of other liberal arts in contrast to the ideas in legal science prevailing now. Conclusions and suggestions are justified only in those parameters in which the researcher does not absolutize the role of morality in each of the named manifestations.

The grounds and conditions of securing a claim in administrative proceedings

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Yara Olena ◽  
◽  
Kravchuk O.V. ◽  
Keyword(s):  
Law Enforcement ◽  
Subject Matter ◽  
Direct Connection ◽  
Individual Rights ◽  
Administrative Procedure ◽  
Judicial Practice ◽  
Legal Provisions ◽  
Legal Science ◽  
The Subject ◽  
Administrative Proceedings

The article examines the grounds and conditions of securing a claim in administrative proceedings. By analyzing the legal provisions, law enforcement (judicial) practice in connection with the acquisitions of legal science, the grounds and conditions of securing a claim in administrative proceedings are highlighted. Attention is focused on problematic issues that arise when courts check the grounds for securing a claim and compliance with the terms of securing a claim. In particular, attention is drawn to the fact that securing an administrative claim on the grounds of obvious signs of illegality of the decision, action or inaction of the subject of power is virtually inapplicable due to reservations about the inadmissibility of resolving the dispute on the merits. It is concluded that an administrative lawsuit can be secured if there is at least one of the grounds specified in part one of Article 150 of the Code of Administrative Procedure of Ukraine and compliance with the conditions of proportionality, adequacy of measures to ensure administrative lawsuit, direct connection with the subject matter and legal the defendant's conduct in the dispute. Emphasis is placed on the fact that the freedom of discretion (discretion) of the court in the application of measures to ensure an administrative claim is unconditional, but not unlimited and controlled by the requirement to properly justify the relevant procedural action. Keywords: administrative court, administrative claim, administrative proceedings, securing the claim, principles of administrative proceedings, protection of individual rights and freedoms, grounds for securing the claim, conditions for securing the claim

Current State of Legislation, Law Enforcement and Judicial Practice in the Sphere of Conclusion, Modification and Termination of Lease Agreements for Land Plots, Concluded for Construction Purposes

2020 ◽  
Vol 1 ◽  
pp. 16-23
Author(s):  
V. V. Cheremukhin ◽  
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Legal Regulation ◽  
Scientific Development ◽  
Synthesis System ◽  
Judicial Practice ◽  
Current State ◽  
General Scientific ◽  
Statistical Indicators

Construction, as a sphere of the national economy, has impressive statistical indicators, determining the importance and relevance of its proper legal regulation, especially in terms of land use for relevant purposes. This article discusses the current situation in the sphere of provision of land plots for construction purposes, further alteration and termination of the relevant lease relations; provides a detailed analysis of the current legislation, law enforcement and judicial practice in such sphere. The purpose of the article is to analyze and summarize legislation judicial and law enforcement practice in this area, as well as the development of specific directions for a comprehensive dissertation research, proposals for improving the legislation regulating these relations. This goal is achieved by solving tasks such as studying of the existing legal regulation of disputed legal relations, law enforcement and judicial practice, identification of problematic and conflict-of-laws issues in the field under consideration, review of the degree of scientific development of the research topic, determination of trends in the development of this sphere of legal relations, development of specific proposals for changing legislation and law enforcement practice. General scientific (synthesis, system analysis, analogy) and special (formal-legal, comparative-legal) methods are used to solve the above problems. Based on the results of consideration of these issues, the author formulates the main problems of the legal relations under consideration, an assessment of the current degree of scientific development of this field is given, the main directions of the planned scientific research are also outlined, proposals are formulated to improve legislation and law enforcement practice.

The employee's right to a fair wage that ensures a decent human existence for himself and his family: some implementation problems

2021 ◽  
pp. 444-452
Author(s):  
N.N. Sokolenko ◽  
A.A. Khapacheva
Keyword(s):  
Legal Regulation ◽  
Human Existence ◽  
Judicial Practice ◽  
Fair Wage ◽  
Fair Wages ◽  
Family Based ◽  
Implementation Problems

The article is devoted to some problems of the implementation of the employee's right to timely and full payment of fair wages, ensuring a decent human existence for himself and his family. Based on the analysis of legislation and judicial practice, the authors concluded that the legal regulation of some provisions of the institution of payment is imperfect, which complicates the implementation of this right.

scholarly journals International legal regulation of transnational cybercrime in cyberspace

2021 ◽  
Vol 66 ◽  
pp. 276-283
Author(s):  
V.V. Popko ◽  
E.V. Popko
Keyword(s):  
Legal Regulation ◽  
International Criminal Law ◽  
Council Of Europe ◽  
Computer Data ◽  
Transnational Organized Crime ◽  
Normative Documents ◽  
Computer Tools ◽  
Universal Instrument ◽  
Characteristic Features ◽  
Terrorist Acts

The article considers the international legal regulation of combating cybercrime, which is considered as a transnational phenomenon. In the group of transnational crimes, along with drug trafficking, terrorist acts, money laundering, illegal import of migrants, human trafficking, firearms trafficking, counterfeiting, etc., cybercrimes play an important role in terms of public harm, unprecedented and rapid growth. The mechanisms and directions of the fight against cybercrime developed by international criminal law are studied, among which the international legal regulation is of fundamental importance, and difficulties in defining the concepts of "cybercrime" and "computer crimes" are noted. The classification of types of cybercrimes is given and their most characteristic features are revealed. The author analyzes the international normative documents that form the legal basis for regulating relations in the field of international cybercrime, among which the most prominent are conventions, including the UN Convention against Transnational Organized Crime of November 15, 2000, the Council of Europe Convention on Cybercrime of November 23, 2001 and Additional Protocol to it of January 28, 2003. The obligations of states to criminalize cybercrime in national legislation are analyzed, the types of illegal actions related to cybercrime are considered, in particular the main four groups of crimes classified in the 2001 Cybercrime Convention by Gender object and on specific grounds of the object of encroachment: 1) crimes against confidentiality, integrity and availability of computer data and systems; 2) offenses related to the use of computer tools; 3) offenses related to the content of data; 4) offenses related to infringement of copyright and compatible rights, as well as additional types of liability and sanctions (attempt, complicity). The Protocol to the 2003 Cybercrime Convention expands this range of crimes and contains obligations to criminalize the following acts: distribution of racist and xenophobic material through computer systems. The limitation of the 2001 Convention on Cybercrime, adopted by the Council of Europe, and the need to adopt a universal instrument that would significantly increase the fight against cybercrime are noted.

scholarly journals Проблемные аспекты правового регулирования правил поведения судьи во внесудебной деятельности

2021 ◽  
Vol 70 (6) ◽  
pp. 31-34
Author(s):  
Т.Н. Ёркина
Keyword(s):  
Legal Regulation ◽  
Comprehensive Analysis ◽  
Judicial Practice ◽  
The Status

The article is devoted to the problems of legal regulation of the rules of conduct of a judge in non-judicial activities. the author has set the task to conduct a comprehensive analysis of such rules, to consider them on practical examples, to identify problems and to suggest possible ways to solve them. the paper analyzes the current legislation, judicial practice and highlights the main offenses of a judge in extra-judicial activities, which may detract from the authority of the judiciary. it is concluded that in practice, the basis for the dismissal of a judge is more often non-judicial activity, which detracts from the authority of the judiciary and the status of a judge

scholarly journals Coordinating activity of independent legal entities: issues of law enforcement in conditions of economy digitalization

2019 ◽  
pp. 60-67
Author(s):  
Yu. Yu. Borisova ◽  
I. V. Akimova
Keyword(s):  
Law Enforcement ◽  
Economic Activity ◽  
Legal Regulation ◽  
Point Of View ◽  
Operating Conditions ◽  
Negative Effects ◽  
Judicial Practice ◽  
Stage Of Development ◽  
Legislative Changes ◽  
The Coordinator

In article authors investigate questions of the operating legal regulation of coordination of economic activity of independent economic entities, including questions of its legisla- tive definition and signs. Article contains the detailed analysis of the most interesting examples of judicial practice and practice of antimonopoly authorities on the matter. Authors, analyzing the current legal regulation, also give an assessment to the planned changes in the legislation in this part and state the point of view about dependence of legal assessment of actions of the coordinator and the economic entities coordinated by it on operating conditions of commodity markets on which it is carried out. As a result of a research authors drew a conclusion on need of legislative changes in a part of admis- sibility of the forbidden coordination provided that the advantage for consumers of such coordination exceeds negative effects for the competition.A significant amount of works of the modern scientists and experts investigating a per- spective of institutes of the antitrust law is devoted to questions of legal qualification of coordination of economic activity of independent economic entities in legal scientific literature.The matter was also raised in publications and authors of the "Rossiyskoye Konkurent- noye Pravo I Ekonomika" magazine, at the same time, it should be noted that to consid- eration of questions of coordination of activity smaller attention is paid, than, for ex- ample, to questions of cartels.Thus, degree of scientific readiness of the matter in general is rather high, at the same time to authors the relevance of this subject and need of the analysis and assessment of the operating regulation taking into account economic features of the present stage of development of the markets seems to be of high interest.

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