ANALYSIS OF THE PROBLEMS OF THE IMPLEMENTATION OF STATE CONTRACTS FOR STATE DEFENSE ORDERS

2020 ◽  
Vol 2 (5) ◽  
pp. 89-92
Author(s):  
S.V. DOROZHINSKY ◽  
Keyword(s):  
Civil Law ◽  
Public Law ◽  
Similar System ◽  
Contractual Relations ◽  
State Defense

The article discusses the prospects of building a contract system in Russia in the field of state defense orders in the broadest sense – as a system of civil law contractual relations with direct and indirect participation of public law entities; building a model of a similar system, including its legal support.

scholarly journals LEGAL NATURE OF CONTRACTS IN THE FIELD OF ENTREPRENEURIAL FISHING

2020 ◽  
Vol 30 (1) ◽  
pp. 120-124
Author(s):  
Yu.E. Budnikova
Keyword(s):  
Environmental Management ◽  
Natural Resources ◽  
Civil Law ◽  
Public Law ◽  
Entrepreneurial Activity ◽  
Legal Nature ◽  
Complex Regulation ◽  
Contractual Relations ◽  
The Right ◽  
Legal Mechanism

The article analyzes the legal nature of contractual relations arising from the implementation of entrepreneurial fishing (industrial and coastal). The question under examination is to which type of contracts we can attribute obligations in the field of fisheries: civil law, business or natural resources. Norms of which branch of legislation should govern contractual relations in the field of fisheries? Contracts that generate entrepreneurial obligations in the field of fisheries, as well as provide the right to harvest (catch) aquatic biological resources, are at the same time the basis for the emergence of the right to conduct entrepreneurial activity and the basis for the transfer of a property right to natural resource. The article substantiates the conclusion that these contractual relations are entrepreneurial in the field of environmental management, have a public-law nature and are subject to complex regulation not only by the norms of natural resources law, but also entrepreneurial legislation, but not civil law. To this end, it is proposed to develop a new legal mechanism for regulating entrepreneurial obligations in the field of fisheries.

FEATURES OF THE STRUCTURE AND SUBJECTIVE COMPOSITION OF CONTRACTUAL RELATIONS WITH THE PARTICIPATION OF JSC «SCIENTIFIC AND PRODUCTION CORPORATION «PRECISION INSTRUMENTATION SYSTEMS»

2020 ◽  
Vol 1 (6) ◽  
pp. 42-46
Author(s):  
S.V. DOROZHINSKY ◽  
Keyword(s):  
Public Procurement ◽  
Legal Regulation ◽  
The State ◽  
Regulatory Framework ◽  
Contractual Relations ◽  
Procurement System ◽  
State Defense

The article discusses the features of procurement in the framework of the state defense order by conducting trade procedures. The analysis shows that the regulatory framework for state defense orders includes both general acts for the entire public procurement system and special acts regulating relations specifically in the field of defense orders. The features of legal regulation in this sphere are determined, first of all, by the defense order specifics, but, primarily, this sphere as a whole is subject to the rules of legal regulation common to the sphere of public procurement.

PUBLIC ADMINISTRATION AS AN ORGANIZATIONAL AND LEGAL MEANS OF PROTECTION OF PROPERTY RIGHTS

2017 ◽  
Author(s):  
Ihor Binko ◽  
Keyword(s):  
Civil Rights ◽  
Property Rights ◽  
Public Administration ◽  
Private Property ◽  
Civil Law ◽  
Public Law ◽  
Point Of View ◽  
Management Decision ◽  
Public Property ◽  
Procedural Basis

The article explores the idea that public administration can act as an independent means of protection of civil rights, complementing such tools as civil law types of protection of rights, which consist in proving the legality of possession of the property itself. Protection of property rights is traditionally considered a field of private law, built on the principles of respect for private property, equality of arms, independence of the court and a fair settlement of legal disputes. It is stated that, unlike civil law methods of protection of rights, public administration as a method of protection of rights is aimed not at protecting the issue of legality of possession but at protecting the registration record from wrongful distortion. A large array of rules on the protection of private property is of a public law nature and is associated with the administration of relevant records. It is argued that from the point of view of protection of property rights, in particular property rights to real estate and their derivatives - the rights of the mortgagee, rights of claim, which are notarized, etc., the activities of state bodies are an organizational means of protecting such rights in the form of public administration. Publicity means that any decisions regarding changes in registered rights are made in public and, in accordance with the procedures provided by law, become public property, including stakeholders and an indefinite number of entities. It is determined that the essence of administration is that rights are protected on a procedural basis and the need for certain legal preconditions for making a management decision on changes in registered rights cannot be replaced by other legal preconditions, or a decision cannot be made without sufficient legal grounds.

Structuring Relations in Civil Law after the Termination of Relations between Subjects

2020 ◽  
Vol 11 (1) ◽  
pp. 237
Author(s):  
Viktor S. DERGACHOV ◽  
Valentyna A. VASYLYEVA ◽  
Ali KABAHA ◽  
Alexandr A. GRIBINCEA ◽  
Denys L. KOVACH
Keyword(s):  
Sustainable Development ◽  
Civil Law ◽  
Practical Significance ◽  
Theoretical Construct ◽  
Legal Systems ◽  
High Quality ◽  
Industry Standards ◽  
Contractual Relations ◽  
Legal Subjects ◽  
First Time

The relevance of structuring relations in the field of civil law is determined by the forms of interaction between the subjects that were the initiators of the termination of legal relations. In this regard, the issues of maintaining relations, which could be continued in the future, are regulated on the basis of other contractual relations. With that, the works of legal scholars do not always provide sufficient grounds to propose points of fixation of the termination of relations. In this regard, the establishment of the meaning of legal facts for the formation of high-quality relationships between legal subjects after the termination of interaction remains very relevant. The novelty of the study is determined by the fact that for the first time the aspects of creating and consolidating forms that would ensure sustainable development and minimize conflicts after termination of contractual relations are considered in civil law. The authors of the paper analyze the current legislative provisions and determine the direction of its development in the context of globalization. The article explores the theoretical construct of these relations and provides an analysis of civil legislation as applied to industry standards of economic legislation. The practical significance of the study is determined by the fact that the application of the developed provisions will facilitate the harmonization of national legislations in the formation of bloc legal systems.  

12 British Public Law and the Civil Law in Malta

1950 ◽  
Vol 3 (1) ◽  
pp. 195-213 ◽  
Author(s):  
J. M. Ganado
Keyword(s):  
Civil Law ◽  
Public Law

scholarly journals Civil Mechanism Preventing and Resolving a Conflict of Interest in the Russian Private Law

2021 ◽  
Vol 17 (1) ◽  
Author(s):  
Yury Alexandrovich Svirin ◽  
Anatoly Aleksandrovich Vlasov ◽  
Vladislav Petrovich Sorokin ◽  
Marina Andreevna Simanova ◽  
Catherina Aleksandrovna Kukhturskaya
Keyword(s):  
Conflict Of Interest ◽  
Civil Law ◽  
Public Law ◽  
Private Law ◽  
Minority Shareholders ◽  
Legal Concept ◽  
Individual Property ◽  
Legal Studies ◽  
Systemic Analysis ◽  
Legal Mechanism

The article studies the legal mechanism preventing and resolving a conflict of interest in civil law. The Russian public law pays much attention to the prevention of competitive interests but there are still no studies on a conflict of interest in private law. The authors have written this article to consider the relevant legal studies and draw their conclusions. Methods: The authors used the methods of comparative and systemic analysis, synthesis and scientific research to examine such a legal concept as a "conflict of interest in private law". The study aims at analyzing the category of competitive interests in relation to private law, determining its prerequisites, reasons and possible solutions. The authors have concluded that a conflict of interest often causes corporate conflicts among parties involved in corporate relations. Moreover, this type of conflicts arises due to the realization of individual property interests and the possibility of one person to influence the other, for example, a conflict between majority and minority shareholders.

scholarly journals Evaluation Concepts in Russian Codifications of Civil Law

Lex Russica ◽  
2019 ◽  
pp. 37-50
Author(s):  
V. G. Golubtsov
Keyword(s):  
Essential Feature ◽  
Civil Law ◽  
Legal Regulation ◽  
Public Law ◽  
Civil Code ◽  
Property Law ◽  
Private Law ◽  
Private And Public ◽  
The Impact ◽  
Basic Evaluation

Based on general legal and civilistic experience in the study of evaluative concepts, the author investigates the general and the specific in their civil law nature. As the result of the study, the author draws the conclusion that the existence of evaluative concepts forms a distinctive essential feature of civil law as private law. It is noted, however, that the doctrine, law-maker and law-enforcer need basic guidelines that will allow to define objective criteria for nominating concepts as evaluative, as well as for determining the boundaries of their systematic interpretation. Also, the author concludes that the impact of evaluation concepts on legal regulation in private and public law is different. In civil law, depending on the localization in the text of the Civil Code, it is possible to distinguish two groups of evaluation concepts. The first group includes the basic evaluation concepts that allow us to see the goals, meaning and specifics of civil law regulation. The second group, in the author’s opinion, includes peripheral evaluation concepts that are utilized by property law and separate contractual constructions and the presence of which allows to avoid unnecessary causality and, at the same time, makes it possible to bring legal regulation closer to real relations.

scholarly journals Participation of legal entities of public law in contractual relations

2021 ◽  
Vol 7 (3B) ◽  
pp. 286-291
Author(s):  
Viktoriia Piddubna ◽  
Anatoliy Stativka
Keyword(s):  
Public Law ◽  
Legal Entity ◽  
Legal Nature ◽  
The Subject ◽  
Contractual Relations ◽  
Legal Entities

The article analyses the characteristics of the participation of legal entities under public law in contractual relations. The concept of a legal entity under public law has not yet been developed. At the same time, the doctrine indicates the marks of legal entities under public law. The article discusses in more detail the agreement on the lease of the complex of full ownership of state property. The author analyzes the legal nature of the contract, the characteristics of the composition of the subject, the subject of the contract, essential conditions, questions of termination and termination of the contract. The legal nature of the rental right is mandatory, since the lease gives rise to legal relations of ownership and arises on the basis of a contract. Scientific approaches to the concept of "company" are investigated and, according to the author, the company should function as an object and not as a subject of law.

scholarly journals History of codification of private law in the Republic of Moldova

2021 ◽  
pp. 8-28
Author(s):  
Gheorghe Avornic ◽  
◽  
Violeta Cojocaru ◽  
Iulian Moraru ◽  
◽  
...  
Keyword(s):  
Social Relations ◽  
Civil Law ◽  
Public Law ◽  
Private Law ◽  
Historical Aspects ◽  
Republic Of Moldova ◽  
History Of ◽  
Ancient Times ◽  
The Republic ◽  
The One

The division of the entire system of law into public law and private law comes from ancient times, which we have referred to in several previous personal publications. In this article we will analyze the evolution of private law in the Republic of Moldova. Private law constitutes one of the fundamental subdivisions of the science of law as a whole. At the level of the Republic of Moldova, the subdivision in question represents a distinct specific in the context that: (i) it is stratified into numerous branches of law and (ii) it constitutes a symbiosis of several national, supranational and international private legislations that correspond to modern trends of evolution of related social relations. One of the main branches of domestic private law is civil law, namely the rules tangent to the branch of law in question regulate a considerable number of social relations varied in terms of structure and content. This article will briefly address evolutionary-historical aspects of the private law legislation of the Republic of Moldova. In particular, we will analyze the influence of the Model Civil Code of the CIS States, on the one hand, and European legislation, on the other. Historical aspects will be divided into three periods.

scholarly journals REGARDING THE SUBJECT OF THE CONTRACT FOR THE SUPPLY OF MATERIAL RESOURCES TO MILITARY UNITS (LEGAL ENTITIES UNDER PUBLIC LAW)

2021 ◽  
pp. 195-198
Author(s):  
O. Pavlovskyi
Keyword(s):  
Public Relations ◽  
Public Procurement ◽  
Civil Law ◽  
Legal Regulation ◽  
Public Law ◽  
The State ◽  
Material Resources ◽  
The Subject ◽  
Military Units ◽  
Legal Entities

In accordance with Part 2 of Art. 17 of the Constitution of Ukraine, military units, first of all, are the bearers of power and act in public relations as subjects of realization of the goal set by the state in the form of repulse of possible aggression from outside, and therefore the main tasks, internal structure, subordination, reporting and control in this area is governed by constitutional and administrative law. However, in some cases, the military unit for the implementation of its tasks may act as an independent entity in civil law, and therefore, certain relations are governed not only by constitutional, administrative, economic, but also civil law. This paper will deal with contractual obligations. The supply contract is extremely important in providing Ukraine, its subjects and state entities with the necessary goods, performance of works, provision of services. In essence, the institute of contract law is a legal means of implementing state policy in the field of industrial production, construction, national defense, social assistance, science, culture, the implementation of basic social and production tasks. Currently, there is a trend aimed at increasing the budget funds used through public procurement. In this regard, an urgent problem is the effective legal regulation of public relations related to the supply of goods for public use. The regulatory framework governing these legal relations must be transparent, understandable to all participants in trade and procurement operations, operational on changes in socio-economic conditions in the country, have an anti-corruption orientation. The quality of goods purchased for the state also remains a long-standing problem. One of the topical issues for the science of civil law is the question of the subject of the contract, with which the Central Committee of Ukraine connects the conclusion of the contract, its validity and some other significant circumstances. According to case law, disputes arising from the contract are usually complicated by non-compliance by the parties with the provisions of the Civil Code of Ukraine on the subject of the contract. The article analyzes the subject of the contract for the supply of material resources to military units. Military units are considered by the author as legal entities of a subject of public law.

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