scholarly journals The Unity of the Material and Procedural Elements of a Legal Entity

2021 ◽  
Vol 3 (3) ◽  
pp. 83-98
Author(s):  
Vladimir K. Andreev ◽  
◽  
Vladimir A. Kondrat’ev
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
Power Of Attorney ◽  
Legal Entity ◽  
Scientific Methods ◽  
Civil Proceedings ◽  
Long Time ◽  
Arbitration Procedure ◽  
General Scientific ◽  
Scientific Degree

Introduction. For a long time, legal science has been discussing the understanding of a legal entity, its characteristics, its relationship with a citizen, as well as other associations of citizens and legal entities. The question of the combination of material and procedural principles in the figure of a legal entity is ambiguous. Theoretical Basis. Methods. The article was prepared using general scientific methods (systemic, logical) and special legal methods (comparative legal, formal legal). Results. The legal status of a legal entity as a participant in civil proceedings is based on the same principles and norms of law as those of a citizen. At the same time, a legal entity is a real organisation that acquires and exercises rights and assumes responsibilities through its bodies. In the context of the introduction of digital technologies into the activities of a legal entity, it is advisable to consider a legal entity as a legal device, consisting of certain elements, the main of which are civil rights and obligations that regulate the legal behavior of a legal entity. Discussion and Сonclusion. A legal entity acts in court as a plaintiff and a defendant, performing actions when there is a procedural form of violated or disputed rights. Since legal assistance to a legal entity can now be provided by persons who have documents of a higher legal education or a scientific degree in a legal specialty, it would be advisable to allow such a representative in a court session to decide for himself the choice of performing the procedural actions indicated in Part 2 of Art. 62 of the Code of Arbitration Procedure of the Russian Federation, if there is such a clause in the power of attorney.

Foreign experience in prosecutor's participation institution development in Kazakhstan civil procedure

2021 ◽  
pp. 1023263X2110553
Author(s):  
Adil Ye Alibekov
Keyword(s):  
Legal Status ◽  
System Analysis ◽  
Civil Procedure ◽  
Practical Significance ◽  
Scientific Methods ◽  
Foreign Experience ◽  
Civil Process ◽  
Civil Proceedings ◽  
Analysis And Synthesis ◽  
General Scientific

The question of the purpose and functions of the participation of the prosecutor in the civil process is relevant, since the idea of them helps to increase the efficiency of his activities. This article is devoted to a comprehensive study of the possibility of applying foreign experience in the prosecutor's participation in institution development in Kazakhstan civil procedure. The article used both general scientific methods of cognition – logical, analysis, and synthesis – and private scientific methods – formal legal, system analysis. It analysed the various points of view on the issue of the legal status and functions of the participation of the prosecutor in the civil process. The scientific novelty is determined by the fact that functions describe the procedural status of the subjects of civil procedure, allowing the streamlining of the multilateral procedural activities of state bodies, officials and other persons involved in civil proceedings. The practical significance of the study is determined by the fact that its results can be used for in-depth research of the functions of the prosecutor in civil proceedings.

Comparative analysis of normative legal acts on the execution of criminal penalties in the initial stage of the formation of the Russian state for the implementation of equality principle before the law

2021 ◽  
pp. 752-765
Author(s):  
Nikolai S. Kovalev
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Equal Rights ◽  
Scientific Methods ◽  
Soviet State ◽  
Labor Legislation ◽  
Initial Stage ◽  
Russian State ◽  
General Scientific ◽  
The Law

The object of the study is the implementation of equality principle before the law by fixing equal rights and obligations of prisoners in the normative legal acts of the Soviet state. The subject of research: provisions of normative legal acts of the Provisional Government, departmental normative acts of the People’s Commissariat of Justice of the RSFSR and People’s Commissariat for Internal Affairs of the RSFSR. As a methodological basis for cognition, general scientific methods of analysis, synthesis, induction, de-duction are used, which allow us to investigate aspects of legal reality directly related to the implementation of the principles of penal enforcement (correctional labor) legislation, to formulate reasonable conclusions. Private scientific methods: formal-legal and comparative-legal – allow us to identify differences in the legal regulation of the legal status of prisoners in the pre-war period. As a result of the conducted research, we make a reasonable conclusion that the principle of equality before the law, although it was not enshrined in specific norms regulating the procedure for the execution and serving of imprisonment, however, was manifested in the provisions regulating the legal status of persons deprived of liberty. The notions of equality before the law of both citizens in general and prisoners in particular were not the fundamental basis of the legislation of the Soviet State. Prisoners were differentiated on the basis of social affiliation, due to: 1) the principle of class approach proclaimed by the Constitution of the RSFSR; 2) the functioning of two systems of places of deprivation of liberty for prisoners with different social status; 3) regulating the execution (serving) of sentences in the form of deprivation of liberty by various regulatory legal acts.

scholarly journals Some Aspects of the Statutory Regulation of the Prosecutor’s Involvement in Exercising of the Constitutional Right to Judicial Protection in a Civil Procedure

2020 ◽  
Vol 11 ◽  
pp. 30-33
Author(s):  
Tatyana R. Pozharskaya ◽  
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
Legal Regulation ◽  
Legal Doctrine ◽  
Civil Proceedings ◽  
Constitutional Right ◽  
Judicial Protection ◽  
Procedural Rights ◽  
Statutory Regulation ◽  
Constant Interest

An analysis of the amendments made to the Constitution of the Russian Federation in 2020 made it possible to conclude that the provisions concerning the judicial protection of fundamental human and civil rights and freedoms are stable. The role and content of the legal regulation of the participation of the prosecutor in the implementation on behalf of certain participants in civil proceedings of this right emphasizes the specifics of his procedural position. At the same time, the existence in the legal doctrine and in law enforcement practice of various positions that determine the legal status of the prosecutor in the exercise of the constitutional right to judicial protection, and the lack of a unified approach to resolving this issue give rise to constant interest in this problem. In this study, through the prism of analyzing the content of the procedural rights and duties of the prosecutor, the grounds for the implementation by the prosecutor of constitutional guarantees for protecting the interests of society and the state protected by law, the determinism of his legal status in civil proceedings is substantiated.

Peculiarities of Individual Judicial Regulation of Relations with Participation of Peasant (Farm) farms

2021 ◽  
Vol 2 ◽  
pp. 27-33
Author(s):  
V.A. Chirkova
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Legal Form ◽  
Peasant Farmer ◽  
Legal Entity ◽  
Analysis And Synthesis ◽  
Peasant Farm ◽  
Legal Document ◽  
General Scientific ◽  
The Law

The legal regulation of relations with the participation of peasant (farmer) farms is complicated by the absence of a single legal act that would consistently cover all the rules governing the creation and activities of known types of peasant farms, which include: a sole peasant farm represented by an individual entrepreneur, a contractual association of citizens without the formation of a legal entity and peasant farms as the legal form of a legal entity. Individual judicial regulation, possessing a sign of feedback for legal regulation, can help increase its effectiveness. The purpose is to study the characteristics of individual judicial regulation of relations with the participation of peasant (farmer) enterprises on the example of individual judicial acts, as well as suggesting ways to resolve the problems identified. To achieve the stated goal, the following tasks were set: – designation of peasant farms confirmed by court decisions on disputes involving them; – the identification and study of the features of individual judicial regulation of relations with the participation of these types of peasant farms; – consideration of the possibility of application by courts of an analogy of the law in relation to peasant farms; – suggesting ways to address the identified problems of individual judicial regulation of relations with the participation of peasant farms. The methodological basis of the study consists in the use of general scientific (dialectics, analysis and synthesis) and private scientific research methods (formal legal, document analysis method). Brief conclusions of the study. 1. The marked differentiation of types of peasant farming makes it possible to specify the features of legal and individual regulation of each of them, and also makes it possible to exclude the accidental application of improper legislation in relations with the participation of peasant (farm) farms. 2. To determine the characteristics of individual types of farms, it is necessary to accurately determine the basis for the occurrence of each of them. 3. The application of the analogy of the law to peasant farms as partnerships or societies should be excluded, and the full identification of farms with these legal entities should not be allowed. 4. A special law that would determine the particular legal status of the peasant economy as a legal entity in accordance with clause 5 of article 86.1 of the Civil Code has not yet been adopted.

scholarly journals FUNCTIONS OF SELF-REGULATING ORGANIZATIONS: CONTENT AND PROBLEMS OF IMPLEMENTATION

2018 ◽  
Vol 1 (4) ◽  
pp. 75-86
Author(s):  
Anna Algazina
Keyword(s):  
Legal Status ◽  
Self Regulation ◽  
Regulatory Control ◽  
Professional Activity ◽  
Scientific Methods ◽  
Professional Activities ◽  
Legal Method ◽  
Authority Relationships ◽  
General Scientific ◽  
Basic Functions

The subject. The article is devoted to the description of the basic functions of self-regulating organizations: regulatory, control, organizational and security, jurisdictional.The purpose of the article is to explore the content features of self-regulating organizations, to identify problems in their implementation and offer recommendations for their solution.Methodology. The methodological basis for the study: general scientific methods (analysis, synthesis, comparison, description); private and academic (interpretation, formal-legal method).Results, scope. Under self-regulation this article is to understand the management activities carried out by self-regulatory organizations, and consisting in the development and establishment of standards and rules of professional activity, as well as sanctions for non-compliance or inadequate performance. Set forth in the Law on SRO powers to self-regulating organizations United by the author and summarized as to their functions – activities of the SRO. The main functions of the SRO as special entities, the following:– regulatory, which manifests itself in the development of standards and rules, conditions of membership in self-regulating organizations and other internal documents SRO;– control: self-regulating organizations exercise control over the professional activities of its members;– organizational and security: an example of this function is the maintenance of the register of members of the SRO, ensuring property liability of members of self-regulating organizations to consumers of goods (works, services) and other persons forming management authorities of the self-regulating organization, lodging of statutory documents and information on the official website of SRO;– jurisdictional: SRO consider complaints against actions of members of self-regulating organization and cases on breaches of its members of the standards and rules of self-regulating organizations, conditions of membership in self-regulating organization, apply disciplinary measures against its members.Conclusions. The combination of ongoing self-regulating organizations against their members functions determines features of the legal status of SRO.Analysis of peculiarities of self-regulating organizations of these functions has allowed the author come to the conclusion that, at present, administrative and legal status of self-regulating organizations in need of further refinement, since the content of normative legal acts regulating relations in the sphere of self-regulation, often contradictory and requires improvement.In the case of mandatory self-regulation SRO vested with the special administrative-legal status, carry out in relation to their member state authority, which means that the implementation of these authority relationships are vertical.

scholarly journals «The Constitution of Karel Kramář»: A Draft of Presidential Republic for Russia

2020 ◽  
Vol 15 (12) ◽  
pp. 11-22
Author(s):  
D. R. Zainutdinov ◽  
A. G. Gataullin
Keyword(s):  
Legal Status ◽  
Executive Power ◽  
Scientific Methods ◽  
Liberal Democratic ◽  
Legal Method ◽  
Head Of State ◽  
Russian State ◽  
General Scientific ◽  
Study Methodology ◽  
Draft Constitution

Abstract. The paper is devoted to the examination of the possibility of establishing a presidential republic in Russia after 1917. The authors have investigated the legal stance of the conservative-liberal and liberal-democratic camps in relation to the applicability of the American constitutional model for the organization of the highest executive power. The main part of the study is devoted to the analysis of the draft “Constitution of the Russian State” compiled by the Czech statesman Karel Kramář. The paper has examined the rules of the “Constitution of the Russian State” devoted to the legal status and powers of the Head of State. The study methodology includes such general scientific methods as analysis, comparison, techniques of logic, etc. Private legal methods allowed the authors to reveal and explain the meaning of the “Constitution of the Russian State” (the method of legal hermeneutics), as well as to compare the legal categories and institutions Karel Kramář used to form a presidential republic in Russia (the comparative-legal method). The authors conclude that the draft “Constitution of the Russian State” became one of the specific reflections of “white” constitutionalism.

Management of Agricultural Receipts Circulation: Foreign Experience, Realities and Prospects for Ukraine

2020 ◽  
Vol 11 (2) ◽  
pp. 428
Author(s):  
Lyudmyla KHROMUSHYNA ◽  
Iryna KONIEVA ◽  
Viktoriia TKACHENKO ◽  
Liudmyla BAIDAK
Keyword(s):  
Legal Status ◽  
Systematic Approach ◽  
Agricultural Sector ◽  
Research Abstract ◽  
Pilot Project ◽  
Scientific Methods ◽  
The World ◽  
General Scientific ◽  
Agricultural Producer

The purpose of the article is to summarize the problems and present the prospects for the development of Ukraine’s agricultural sector crediting based on the management of the agricultural receipts circulation as an innovative financial tool taking into account foreign practices. The research was based on the use of the dialectical method of cognition and the systematic approach to the problem of functioning and effectiveness of crediting agriculture through the agricultural receipts in Ukraine and in the world. The following general scientific methods were applied in the research: abstract-logical, monographic, generalization. The article substantiates the feasibility of using agrarian receipts, that make it possible to invest heavily in the agricultural sector, expand the circle of participants, form the chain of relations ‘creditor – agricultural producer – buyer (trader)’. The institutional peculiarities of agrarian receipts functioning determined by their commodity or financial form, legal status of participants are specified. The review and summarization of the positive experience gained by Brazil made it possible to determine the feasibility of the development of agricultural receipts in Ukraine, where the relevant normative acts were adopted at the legislative level. Determination of the peculiarities of implementing the pilot project on the agricultural receipts introduction in Ukraine allowed outlining the main problems and prospects for further functioning and management of their circulation. The article uses up-to-date information on the results of agricultural receipts implementation in Ukraine, including ‘organic’, identifies current problems and prospects for the development of agrarian receipts tools.

scholarly journals On the Application of Information Audit for the State Public Audit

2021 ◽  
Vol 11 (3) ◽  
pp. 36-46
Author(s):  
Ye. A. Chegrinets
Keyword(s):  
Public Management ◽  
Legal Status ◽  
Financial Control ◽  
Scientific Methods ◽  
The Public ◽  
Public Resources ◽  
General Scientific ◽  
Analytical Research ◽  
Basic Approaches ◽  
Definition Of

The paper analyzes methodological approaches to the implementation of information audit by public audit institutions. The aim of the research is to analyze instruments of the traditional information audit developed as a part of information management theory and to make propositions on its basis on the creation of methodology of information audit as a form of public audit. It is based on general scientific methods, including comparative analyzes. The article substantiates the necessity for public audit institutions to conduct information audit due to the key value of information and information resources for the legality and efficiency of the public resources' management. The authors analyze basic approaches to the definition of the traditional information audit and its instruments. Based on this the authors made a conclusion that such general approach could be used for the purposes of public audit with necessary amendments due to specific aims of this type of public financial control, legal status of public audit institutions and position of auditees in the public management system. The study defines basic stages of the information audit conducted by public audit institutions and unique characteristics of its aims due to their interrelations with the tasks of audits and analytical research performed by such bodies. The paper also proposes basic instruments for the data collection as well as a general approach to interaction between auditors conducting information audit, auditees and other stakeholders.The practical results of the research are relevant for the introduction of information audit instruments into the practice of public audit institutions and for the development of applicable methodological documents.

scholarly journals Modification of the claim: limits and their impact on the availability of justice in the Russian Federation

2021 ◽  
Vol 118 ◽  
pp. 04005
Author(s):  
Lyudmila Valerievna Starodubova ◽  
Leonardo Aurelio Ingannamorte ◽  
Igor Vladimirovich Mashtakov ◽  
Olga Sergeevna Lapshina ◽  
Golib Nurullo Kodirzoda
Keyword(s):  
General Theory ◽  
Interdisciplinary Science ◽  
Scientific Methods ◽  
Civil Proceedings ◽  
Legitimate Interests ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Principles Of Justice ◽  
Theory Of Law

The purpose of the study is to prove the need to lift restrictions in civil proceedings and proceedings in arbitration courts in terms of the limits of modification of the claim and to provide the applicant with the possibility of simultaneous modification of the subject and the basis of the claim while maintaining their previously stated legally protected interest. Certainly, this may be possible only and exclusively with the approval of the judge, as well as with the preservation of all procedural guarantees for the defendant. The methodological basis of the research is the general, general scientific and private scientific methods of cognition used by legal science in the object-subject sphere of cognition of the general theory of law. In addition, a number of synthetic, integrative methods of research are used, which are included in the methodology of interdisciplinary science, which is relevant for modern socio-humanitarian science. The results of the study are the justification that these limits in some cases can completely block the applicant’s access to the mechanisms of justice. The authors argue that this is unacceptable since it violates both the subjective right of the applicant to a defense, and one of the most important principles of justice is the principle of accessibility. The authors also considered the issue of the validity of the limits of the modification of the claim. The novelty of the work is in the results of the analysis of the practice and the alleged hypothetical situations in which the existence of limits for the modification of the claim does not allow the applicant to defend its rights and legitimate interests, as in the identified causes, conditions, and consequences of such phenomena.

scholarly journals The problem of an objective prognosis of public danger of an insane person for the purposes of criminal proceedings

2021 ◽  
Vol 118 ◽  
pp. 03002
Author(s):  
Andrey Sergeevich Burtsev ◽  
Ivan Vladimirovich Mironyuk ◽  
Oksana Sergeevna Shumilina ◽  
Sergey Nikolaevich Bezugly ◽  
Evgeny Aleksandrovich Ignatenko
Keyword(s):  
Civil Rights ◽  
Forensic Psychiatry ◽  
Law And Order ◽  
Criminal Proceedings ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Time Period ◽  
Long Time ◽  
Restrictive Measures ◽  
Political Economic

The purpose of the article is to study the judicial practice and identify the problem of the lack of an objective medical and social prognosis of the public danger of a mentally ill (deranged) person in order to further apply compulsory medical measures, their replacement or cancellation. As a consequence, individuals who no longer pose such danger are unreasonably subjected for a long time to restrictions on civil, political, economic, social, and cultural human and civil rights and freedoms guaranteed by the Constitution of the Russian Federation and the universally recognized principles and rules of international law. The methodological basis of the research is both philosophical (dialectical, analytical) and generally scientific methods (analysis, synthesis, abstraction, generalization, induction). The work resulted in the conclusion that there is a similar problem in foreign forensic psychiatry and law and order, identifying similarities and differences in approaches to solving it, with regard to the national specifics of providing psychiatric care to the population, including in a compulsory manner. The novelty of the work is that given the objective and subjective difficulties that domestic forensic psychiatry experiences in creating a prognostic methodology of public danger of such patients, a proposal is made to consider, for these purposes, the time period during which the patient does not commit crime. Although the proposed criterion is not of a medical nature, it is always in the sight of doctors and lawyers (judge, prosecutor) when resolving legal situations related to compulsory medical measures. The authors of the article expect that in combination with the clinical variables of the risk of violence, this will allow to achieve an objective prognosis and avoid the unjustified use of medical (restrictive) measures.

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