scholarly journals LEGAL REGIME OF ARTIFICIAL GROUND AREAS AS OBJECTS OF CIVIL RIGHTS

2020 ◽  
Vol 6 (72) (2) ◽  
pp. 163-169
Author(s):  
E. G. Semenova
Keyword(s):  
Civil Rights ◽  
Real Estate ◽  
Economic Activity ◽  
Legal Regime ◽  
Water Object ◽  
Land Plot ◽  
The Status ◽  
The Creation ◽  
The Law

In the article the legal regime of a land plot created on an artificial territory is determined based on the purpose of its use, as well as the status of the water object on which such a territory is created. It is established that an artificial ground area can be created within a certain territory of a water object (either adjacent to an existing land plot or isolated from it), intended for the placement of buildings, structures, objects of incomplete construction and other real estate objects specified in the law. Systemic regulation of relations related to the creation of artificial territories requires establishing the specifics of their occurrence on water objects that are both in Federal and other forms of ownership. The issue of ownership of artificially created ground areas on water objects should be resolved depending on who owns such a water object. An artificial ground area created on a territory whose borders coincide with a water object that is in Federal ownership must be subject to the regime of limited economic activity.

scholarly journals Registration Procedures In The Mechanism Of Water Bodies Transfer For Use Under Lease

2020 ◽  
pp. 89-100
Author(s):  
L.R. Miskevych
Keyword(s):  
Civil Rights ◽  
Natural Resources ◽  
Water Body ◽  
Civil Law ◽  
Scientific Article ◽  
Land Plot ◽  
The Status ◽  
The Law ◽  
State Registration ◽  
The Right

The scientific article is devoted to the study of problematic issues of acquiring the right to use water facilities under lease. It is noted that in the field of land, water, environmental relations, the water body and the land under it are separate objects, but in the field of property relations, which are governed by civil law, such objects are one whole both in the spectrum of regulation of property rights and contractual relations. However, the different sectoral affiliation of the water body and the corresponding land plot of the water fund inevitably affect the content of civil legal relations, supplementing the civil rights and obligations of the subjects of these legal relations with statutory requirements for the use of these natural resources. The significance of registration actions for the water body and the land plot of the water fund, which is transferred for use in the complex with the water body, is analyzed. The commission of such actions is aimed at establishing their identifying criteria and state recognition of these natural resources as objects of water and land relations, respectively. However, in the property turnover the public value is not the land plot of the water fund or the water object taken separately, but their tandem, which is perceived as an object of civil legal relations and, accordingly, the subject of the lease agreement. Given that the interests of the tenant are satisfied by the use of water space, the law states that the use of the contract provides a water body in a complex with a plot of land. However, such a legislative approach made it difficult to decide when the tenant acquired the right to use, as the law does not define a water body as property in respect of which the state registration of rights is carried out. Based on the analysis of the normatively established identifying criteria of a water body, it is concluded that the water body can be considered in the status of real estate in view of its legislative definition. Thus, when determining the moment of acquisition of the right to use water facilities under lease, it will be justified to apply the provisions of civil law. The novelty of the legislation is the priority of the land plot in the complex with which the water body is transferred and the automatic extension of the right to lease the land plot under the water body to such water body.

scholarly journals THE PROBLEM OF DETERMINING THE LEGAL REGIME OF “DISPUTED” REAL ESTATE: THEORETICAL AND PRACTICAL ASPECTS

2021 ◽  
pp. 19-24
Author(s):  
N.A. Pronina ◽  
T.N. Platunova ◽  
S.O. Kostyakova
Keyword(s):  
Real Estate ◽  
Russian Federation ◽  
Civil Law ◽  
Property Right ◽  
Legal Regime ◽  
Land Plot ◽  
Legal Definition ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The article raises the following topical problems currently inherent in the institution of real estate in theRussian Federation: the unsuccessful legal definition of a real estate object, enshrined in Art. 131 of the CivilCode of the Russian Federation; qualification of objects as immovable and, accordingly, delimitation of themfrom movable ones; the emergence of objects with a controversial legal regime; the need to move from themodel of “plurality” to the model of “unity” of real estate objects. Also, the authors of this article analyzea number of approaches aimed at resolving the above problems and the possible consequences (both positiveand negative) of their implementation in practice, put forward their views and offer their own solutionto these problems. A variant of the legalization of “disputable” objects is proposed by introducing the rightof construction into the civil law of the Russian Federation as a limited property right to use a land plot withthe extension of this right to everything that is being built on such a land plot. The examples of legislativeregulation of the right to build in the civil law of pre-revolutionary Russia are considered, the elements of theright to build in the current law of the Russian Federation are revealed.

scholarly journals Study of the Legal Regime of Oil and Gas Transit in Energy Charter Treaty and Law of Iran

2016 ◽  
Vol 9 (5) ◽  
pp. 194
Author(s):  
Abdolsamad Doulah ◽  
Mirshahbiz Shafee
Keyword(s):  
Oil And Gas ◽  
Analytic Method ◽  
Islamic Republic ◽  
Legal Regime ◽  
General Application ◽  
Energy Charter Treaty ◽  
Research Findings ◽  
The Creation ◽  
The Law ◽  
Present Thesis

The present thesis has analyzed the legal regime of oil and gas transit in energy charter treaty and law of Iran by the use of descriptive analytic method. The research findings show that the law of transportation and the transit of foreign goods through the Islamic Republic of Iran’s territory passed in 1995 and its executive by law generally deals with the transit affairs although because of its general application it can be stated that it includes energy transit especially oil and gas. This law has referred to the energy transit in a limited way and therefore the lack of law in this respect is quite conspicuous. The transportation law of Iran which was ratified about 14 years ago and since it was codified for the needs of those days need to be revised in case Iran intends to join the charter because in several cases there is lack of law. But despite the legal vacuum there is no contrast between the aforementioned law and the contents of the charter treaty in terms of the oil and gas transit. In fact it can be stated that the law of transportation of Iran has no limitation in accepting the contents of the charter but only in some cases for the sake of clarification and preventing the creation of difference some new rules need to be ratified and some of the present rules need to be modified.

scholarly journals Akibat Hukum Pemisahan Hak Beragama dengan Hak Berkepercayaan dalam Undang-Undang Dasar Negara Republik Indonesia Tahun 1945

2019 ◽  
Vol 16 (2) ◽  
pp. 274
Author(s):  
Muwaffiq Jufri ◽  
Mukhlish Mukhlish
Keyword(s):  
Civil Rights ◽  
The State ◽  
Legal Reason ◽  
Indigenous Religion ◽  
Local Religion ◽  
Religious Convictions ◽  
The Status ◽  
The Law ◽  
The Right

Pemisahan agama dan kepercayaan dalam konstitusi adalah suatu kebijakan yang menimbulkan beragam permasalahan. Seringkali para penghayat kepercayaan mengalami intimidasi ataupun hal-hal lain yang mengganggu pelaksanaan hak sipilnya untuk menganut dan mengamalkan ajaran kepercayaan yang dianutnya. Dengan dalih kepercayaan bukan agama, para pelaku anarkisme seringkali melakukan pelarangan dan kekerasan terhadap para penganut kepercayaan. Kajian ini menggunakan metode penelitian hukum normatif. Sedangkan hasil penelitiannya ialah bahwa 1) Alasan hukum pemisahan pengaturan antara agama dengan aliran kepercayaan disebabkan oleh politik pembedaan pendefinisian keduanya dimana kepercayaan diamsusikan sebagai tradisi dan ajaran luhur masyarakat yang bersumber dari budaya yang keberadaannya di luar agama. 2) Pemisahan agama dan kepercayaan berakibat hukum tidak diakuinya aliran kepercayaan sebagai agama resmi negara, padahal status aliran kepercayaan merupakan agama lokal yang diyakini sebagai agama oleh para penganutnya. Pemisahan ini juga mengakibatkan hadirnya beragam sikap diskriminatif yang berpotensi mengganggu dan merampas hak setiap warga negara dalam meyakini suatu agama, dalam hal ini hak beragama yang diganggu dan dirampas ialah hak untuk meyakini agama lokal sebagai agama warisan leluhur bangsa Indonesia. The separation of religion and indigenous religion in the constitution is a policy that causes various problems. Often the beliefs of the indigenous religion are intimidating or other things that interfere with the exercise of civil rights to embrace and put into practice the beliefs embraced. Under the pretext of non-religious convictions, the perpetrators of anarchism often make prohibitions and violence against believers. This research uses normative legal methods. The results of the research are: The first, the legal reason for the separation of rules between religion and indigeneous religion is caused by the politics of defining both of them in which beliefs are interpreted as traditions and noble teachings of society originating from cultures which are outside of religion; The second, that the separation of religion and indigenous religion that is caused in the law does not recognize the indigenous religion as the official religion of the state, while the status of the indigenous religion is a local religion that is considered as a religion by his believers. This separation also makes several of discriminatory attitudes come up to have potency in disrupting and robbing every citizen’s right to believe in a religion. In this case, the right which is bullied is the right to believe in local religion as the religion of the Indonesian ancestral heritage.

scholarly journals LEGAL REGIME FOR THE RESULTS OF INTELLECTUAL ACTIVITIES WITHIN BUDGETARY INSTITUTIONS IN SCIENCE AND EDUCATION

2019 ◽  
pp. 144-151
Author(s):  
V. A. SAVINYKH
Keyword(s):  
General Rule ◽  
Necessary Condition ◽  
Legal Regime ◽  
Intellectual Activity ◽  
Operational Management ◽  
The Status ◽  
Science And Education ◽  
The Law ◽  
The Right ◽  
Intellectual Activities

Is a budget institution in the field of science and education independently entitled without the consent of the founder to dispose of the exclusive rights to the results of intellectual activity belonging to it? The status of the institution as a «holder» of the founder’s property makes one think about the need to apply, by analogy of the law, the provisions governing the right of operational management to relations regarding the disposal of the institution with its exclusive rights. Given the fact that the prerequisites for introducing the consent of the founder as a necessary condition for disposing of the valuable property the institution are equally applicable both to objects of real rights and exclusive rights to the results of intellectual activity. However, the author justifies the inadmissibility of the application by analogy of the law of the provisions of the Civil Code of the Russian Federation limiting the powers of the budget institution to dispose of the property assigned to it on the right of operational management, indicating that there is no regulation gap that would require replenishment. In this regard, the author comes to the conclusion that, as a general rule, a budget institution has the right to independently manage its exclusive rights to the results of intellectual activity without the founder’s consent.

THE LEGAL REGIME OF WRECKS OF WARSHIPS AND OTHER STATE-OWNED SHIPS IN INTERNATIONAL LAW: THE 2015 RESOLUTION OF THE INSTITUT DE DROIT INTERNATIONAL

2016 ◽  
Vol 25 (1) ◽  
pp. 179-200
Author(s):  
Sarah Dromgoole
Keyword(s):  
International Law ◽  
Preliminary Report ◽  
Law Of The Sea ◽  
Legal Regime ◽  
Considerable Uncertainty ◽  
Technological Advances ◽  
The Status ◽  
The Law ◽  
Droit International

The status in international law of operational warships and other ships used only on governmental non-commercial service has been long established. In contrast, the status of such vessels after they have sunk has been, and remains, a matter of considerable uncertainty. The uncertainty arises in no small part from the absence of any provision in the 1982 UN Convention on the Law of the Sea relating to sunken State vessels or, indeed, to wrecks more generally. Over the last 30 years, technological advances have led to the discovery of many new wreck sites, fuelling international interest in the status of sunken State wrecks. At its Santiago Session in 2007, the Institut de droit international established its 9th Scientific Commission to look into the matter. A Preliminary Report, drafted by the Commission’s Rapporteur, Professor Natalino Ronzitti, was discussed at the Rhodes Session in 2011 and, after further deliberations, a Resolution entitled “The Legal Regime of Wrecks of Warships and Other State-Owned Ships in International Law” was adopted by the Tallinn Session in August 2015. This contribution sets out the background to the work of the 9th Commission, outlines the substance of the Resolution, and offers some observations thereon.

Problems of Private Law in Modern Conditions

2016 ◽  
Vol 4 (1) ◽  
pp. 0-0
Author(s):  
Вениамин Яковлев ◽  
Vyeniamin YAkovlyev
Keyword(s):  
Civil Rights ◽  
Real Estate ◽  
Labor Law ◽  
Good Faith ◽  
Private Law ◽  
Highly Qualified ◽  
Family Labor ◽  
State Register ◽  
The Status ◽  
Intensive Development

Recent intensive development of private law, which is presented by three successful codifications in the field of the civil, family, labor law in Russia, is noted in the article. Current changes of the Russian civil legislation as well as planned ones are described. To number of the main problems the author refers violations of the principle of good faith by participants of civil turnover, lack of effectiveness of the Federal Bailiff Service, insufficient security of the civil rights for real estate. In this regard it is necessary to form a notarial certification of real estate turnover, to keep availability of information from the state register of real estate for citizens, raise the status of the Federal Bailiff Service and strengthen its position by hiring highly qualified specialists.

scholarly journals LAND PLOT AND ITS INTEGRAL PARTS

2020 ◽  
Vol 30 (2) ◽  
pp. 236-242
Author(s):  
A.L. Bazhaykin ◽  
V.N. Chernyaev
Keyword(s):  
Land Use ◽  
Real Estate ◽  
Legal Aspect ◽  
Roman Law ◽  
Real Thing ◽  
Land Plot ◽  
Land Owners ◽  
The Status ◽  
Environmental Requirements ◽  
Trees And Shrubs

The article considers the legal prerequisites for giving a land plot the status of the basic real thing, establishment and perception in the legal aspect of "a united object (land plot with its constituent parts)", as in the theoretical literature, regulatory legal acts the approach to understanding the land plot in its relationship directly with its constituent parts (part of the land plot, part of the forest area, consolidated land use, multiple land) has prevailed. Besides, there is a prevailing priority of a land plot, which came to us from Roman law, over other types of real estate (buildings, constructions, objects of incomplete construction, etc.), natural objects and natural resources (ponds, drowned open-cuts, trees and shrubs, subsoil plots, soil stratum and others) located within, under and above its boundaries, in compliance with environmental requirements upon realization of warrants by land owners, as well as land owners with limited rights and land users.

The Law Governing Cultural Heritage in Italy: Universal Values Versus National Cultural Identity

Global Jurist ◽  
2017 ◽  
Vol 17 (3) ◽  
Author(s):  
Letizia Casertano
Keyword(s):  
Cultural Identity ◽  
Cultural Heritage ◽  
Legal Framework ◽  
Legal Regime ◽  
Cultural Objects ◽  
Universal Values ◽  
The Creation ◽  
The Law ◽  
Illicit Trafficking ◽  
Cultural Internationalism

AbstractTaking the move from the theories of cultural internationalism and nationalism, some problematic issues that hamper the creation of an effective, common legal regime of protection against illicit trafficking of cultural objects, are analysed in the light of UNESCO 70 and UNIDROIT 95 together with the case of Italy as a paradigmatic example. In this context, absent an effective common legal framework,

scholarly journals La política de inserción por la economía en Francia

2011 ◽  
pp. 195
Author(s):  
Eguzki Urteaga Olano
Keyword(s):  
Social Skills ◽  
Social Cohesion ◽  
Social Vulnerability ◽  
Economic Activity ◽  
The Other ◽  
Cognitive Capacities ◽  
The Creation ◽  
The Law ◽  
Legislative Changes ◽  
The Right

En las últimas tres décadas, Francia ha reconocido un derecho a la inserción a las personas que se hallaban en una situación de vulnerabilidad social, a pesar de que puedan distinguirse varios periodos. La aprobación de la Renta Mínima de Inserción (RMI) y la creación de estructuras especializadas en la inserción por la economía, especialmente en dirección de los jóvenes, han significado un cambio de filosofía, puesto que se abandona el derecho a la asistencia para acceder al derecho a la inserción. Gracias a unos cambios legislativos, con la aprobación de la ley de lucha contra las exclusiones y de la ley de cohesión social, esta política ha dado lugar, por una parte, a la creación de estructuras adecuadas, sinónimas de empresas de inserción, de asociaciones intermedias, de entidades de inserción o de agrupaciones de empleadores, y, por otra parte, a la aprobación de unas medidas individuales que se parecen a unos contratos subvencionados. La inserción por la actividad económica pretende favorecer la reinserción laboral de unos colectivos marginados, lo que supone unas condiciones previas en materia de salud, de habilidades sociales y de capacidades cognitivas.In the last three decades, France has recognized a right to the insertion to the persons who were situated in a situation of social vulnerability, in spite of the fact that several periods could be distinguished.The approval of the Minimal Revenue of Insertion (RMI) and the creation of structures specialized in the insertion by the economy, specially in direction of the young persons, have meant a change of philosophy, since the right of the assistance to the right of the insertion.Thanks to a few legislative changes, with the approval of the law of fight against the exclusions and the law of social cohesion, this policy has given place, on one hand, to the creation of suitable structures, synonymous of companies of insertion, of intermediate associations, of entities of insertion or of employers' groups, and, on the other hand, the approval of a few individual measures that are feigned for helped contracts.The insertion for the economic activity tries to favor the labour rehabilitation of a few isolated groups, which supposes a few previous conditions as for health, social skills and cognitive capacities.

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