scholarly journals Moral Harm Compensation as a Remedy to Housing Rights

2021 ◽  
Vol 3 (3) ◽  
pp. 99-123
Author(s):  
Veronika S. Karyaginа ◽  
Keyword(s):  
Property Rights ◽  
Complex Nature ◽  
Property Damage ◽  
Law System ◽  
Legal Science ◽  
Housing Rights ◽  
Legal Nature ◽  
Contractual Obligations ◽  
Complex Methods ◽  
Court Practice

Introduction. The increased interest in modern Russian legal science towards the problems of moral harm compensation, while having been resulted from the widespread use of this category within legislation and court practice, determines the need for its conceptual research within housing law due to its special significance for being a judicial remedy to housing rights, which is important not only for legal science in general, but also for regulatory enforcement, as well as for further improvement of housing legislation. Insufficient regulatory regulation of compensation for moral harm taking into account the specifics of housing law and the lack of a deep scientific theory has caused law enforcement difficulties in implementing this method of protecting housing rights. Theoretical Basis. Methods. The purpose of this paper is a comprehensive study of conceptual and practical challenges towards moral harm compensation as a remedy to housing rights, the study is based on the analysis of its scope and justification of universality for the protection of housing rights diverse in legal nature. The methodological basis of the paper consists of both general scientific methods (dialectical method, induction, deduction, analogy, analysis, synthesis) and special methods of scientific research – system and complex methods of scientific knowledge. System method allowed to consider the scope of moral harm compensation, it has made possible to determine the internal links of this method of housing rights protection with other elements of housing law system (other methods of remedy, contractual and non-contractual obligations, rights in rem, etc.). Complex methods allowed to make a comprehensive assessment and identify features of the application of moral harm compensation as a remedy to housing rights in different areas of housing relations, and also to determine its interdisciplinary nature. Results. The result of the study reflects the conclusion that industry characteristics of housing rights, due to the specificity of the object of housing rights, distinguish in most cases the derived nature of demands on moral harm compensation from claims for property damage caused to residential premises, and determine the suitability of the application of moral harm compensation to protect the property rights of parties within housing relations only in cases provided for in a law. Moral harm is an independent consequence of violation of housing rights of citizens, that is why it can be compensated independently, regardless of the presence of property damage or along with property damage. Discussion and Conclusion. Court practice reveals a small number of independent claims for moral harm compensation when housing rights are violated. The complex nature of subjective housing rights has revealed a close connection of some property rights of subjects of housing relations with personal non-property rights and intangible benefits, and thus creates the basis for claims for moral harm compensation. Considering the fact that the concept of “housing rights” is a collective notion combining subjective rights various by legal nature (constitutional, civil, social security rights, etc.), the object of which is a dwelling premise, then at that point the possibility to apply for their protection a moral harm compensation proves the interbranch nature of moral harm compensation as a remedy and the universality of its application for the purpose to restore violated housing rights.

scholarly journals Compensation of property damage caused to non-participants in criminal procedure in order of rehabilitation

2020 ◽  
pp. 221-230
Author(s):  
V. V. Muryleva-Kazak
Keyword(s):  
Property Rights ◽  
Criminal Procedure ◽  
Access To Justice ◽  
Criminal Proceedings ◽  
Property Damage ◽  
Judicial Practice ◽  
Procedure Code ◽  
Legal Nature ◽  
The Right ◽  
Legal Entities

The article discusses the issue of the legal nature of the right to compensate harm, the effectiveness of usage of the criminal procedure mechanism for its protection and the reasonableness of the inclusion of relevant in the Criminal Procedure Code of the Russian Federation.Based on the analysis of judicial practice, it is concluded that the courts have difficulties in determining the appropriate way to protect the right to compensate harm caused in the course of criminal proceedings and the delineation of competence between arbitration courts and courts of general jurisdiction, which leads to a violation of the applicants’ right to access to justice and reduces the effectiveness of judicial protection.In addition, it is concluded that the criminal procedure form is not adapted to the consideration of civil disputes on compensation for harm, the author names the impossibility of collecting lost profits as one of the factors that reduce the effectiveness of the use of the criminal procedural mechanism for protecting property rights.Based on the interpretation of the criminal procedure rules provided in the article, the author concludes that legal entities have an opportunity to use criminal procedure remedies for violated property rights in more cases than individuals, which violates the principle of equality before the law and the court. The article provides ways to solve the identified problems.

scholarly journals PROBLEMATIC ASPECTS OF IN HERITANCE OF INTELLECTUAL PROPERTY RIGHTS TO VARIOUS WORKS OF SCIENCE, LITERATURE AND ART

2021 ◽  
pp. 76-83
Author(s):  
Nailya Gareeva ◽  
◽  
Amir Gareev ◽  
Keyword(s):  
Law Enforcement ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Objective Assessment ◽  
Science Literature ◽  
Legal Science ◽  
Legal Nature ◽  
Comprehensive Diagnosis

Among the key problems of law enforcement practice and legal science in modern conditions is the problem of inheritance of intellectual rights to works of science, literature and art, the peculiarity of which is due to their intangible nature and the legal nature of the actual acceptance of the inheritance. The aim of the study is an objective assessment of the grounds for the inheritance of intellectual property rights, criteria for intellectual property rights to be inherited. The scientific novelty of the research lies in a comprehensive diagnosis of the powers of the heirs of intellectual rights, the content of the process of inheritance of intellectual rights to works of science, literature and art, identifying the differences between the circle of heirs by law and by will.

Еnforcement of Property Rights and Conractual Obligations

2003 ◽  
pp. 83-100 ◽  
Author(s):  
A. Radygin ◽  
R. Entov
Keyword(s):  
Property Rights ◽  
Legal Framework ◽  
Economic Consequences ◽  
Theoretical Approaches ◽  
Contractual Obligations ◽  
Regional Authorities ◽  
Practical Recommendations

The paper deals with theoretical approaches to the problems of property rights and contractual obligations and with analysis of economic consequences of the imperfect enforcement system. In particular, the authors consider Russian experience in the sphere of corporate conflicts. Legal and practical recommendations related to the improvement of legal framework, judiciary reform, executory process and different federal and regional authorities are also presented.

Australian Residential Tenancies Law in the COVID-19 Pandemic: Considerations of Housing and Property Rights

2021 ◽  
Vol 44 (1) ◽  
Author(s):  
Chris Martin
Keyword(s):  
Property Rights ◽  
Consumer Protection ◽  
Rental Housing ◽  
Housing Rights ◽  
Additional Protection ◽  
Legislative Framework ◽  
Emergency Measures

In response to the COVID-19 pandemic, Australian states and territories implemented eviction moratoriums and measures to vary rent obligations – a remarkable response for jurisdictions that have, for decades, regulated residential landlord-tenant relations on a model of mild consumer protection, market rents and ready termination. This article examines the COVID-19 emergency measures and their implications for tenants’ housing rights, and landlords’ property rights. After reviewing the Australian rental housing system’s structure and legislative framework, the article examines in detail the COVID-19 emergency measures regarding evictions and rents in each state and territory. These vary in form and content, mostly on a pattern of additional protection from eviction for a core ‘hardship’ group, and variation of rents by individual negotiation. The article considers problems in the emergency measures, and points on which enduring reforms may be built, as well as critically appraising the argument that property rights protections limit the scope for reform.

SOME QUESTIONS OF THE THEORY OF SOVEREIGNTY STATES

2020 ◽  
Vol 20 (2) ◽  
pp. 185-197
Author(s):  
Kadyrbek Umetov ◽  
Keyword(s):  
International Law ◽  
Political System ◽  
Active Participation ◽  
The State ◽  
The Political ◽  
Kyrgyz Republic ◽  
The Real ◽  
Legal Science ◽  
Legal Nature ◽  
Former Soviet Republics

The article reveals the concept of sovereignty as one of the key categories of political and legal science and international law, which has the character of a fundamental norm; various theories that have taken diametrically opposed positions on the issue of determining the legal nature of sovereignty, ranging from its origins to its modern understanding, are considered. The author studied the processes of creating preconditions and historical conditions that ensure the Kyrgyz Republic's active participation in the sovereignization of the former Soviet republics. He defined the specific directions, course and degree of transformation of the Political System of Kyrgyzstan on the basis of declarations of sovereignty and independence, as well as the Constitution of the Kyrgyz Republic. Sovereignty is a property inherent in each subject in itself, and cannot be derived from the sovereignty of another entity, in which it sees the embodiment of the real sovereignty of the State.

The Neoliberal State

2005 ◽  
Author(s):  
David Harvey
Keyword(s):  
Property Rights ◽  
Free Trade ◽  
Common Property ◽  
Private Property ◽  
The State ◽  
Free Markets ◽  
Private Property Rights ◽  
Role Of The State ◽  
Contractual Obligations ◽  
Political Form

The role of the state in neoliberal theory is reasonably easy to define. The practice of neoliberalization has, however, evolved in such a way as to depart significantly from the template that theory provides. The somewhat chaotic evolution and uneven geographical development of state institutions, powers, and functions over the last thirty years suggests, furthermore, that the neoliberal state may be an unstable and contradictory political form. According to theory, the neoliberal state should favour strong individual private property rights, the rule of law, and the institutions of freely functioning markets and free trade. These are the institutional arrangements considered essential to guarantee individual freedoms. The legal framework is that of freely negotiated contractual obligations between juridical individuals in the marketplace. The sanctity of contracts and the individual right to freedom of action, expression, and choice must be protected. The state must therefore use its monopoly of the means of violence to preserve these freedoms at all costs. By extension, the freedom of businesses and corporations (legally regarded as individuals) to operate within this institutional framework of free markets and free trade is regarded as a fundamental good. Private enterprise and entrepreneurial initiative are seen as the keys to innovation and wealth creation. Intellectual property rights are protected (for example through patents) so as to encourage technological changes. Continuous increases in productivity should then deliver higher living standards to everyone. Under the assumption that ‘a rising tide lifts all boats’, or of ‘trickle down’, neoliberal theory holds that the elimination of poverty (both domestically and worldwide) can best be secured through free markets and free trade. Neoliberals are particularly assiduous in seeking the privatization of assets. The absence of clear private property rights––as in many developing countries––is seen as one of the greatest of all institutional barriers to economic development and the improvement of human welfare. Enclosure and the assignment of private property rights is considered the best way to protect against the socalled ‘tragedy of the commons’ (the tendency for individuals to irresponsibly super-exploit common property resources such as land and water).

scholarly journals Interpretative Norms: The Concept and Legal Nature

Legal Concept ◽  
2021 ◽  
pp. 73-78
Author(s):  
Evgeny Terekhov ◽  
Keyword(s):  
Current System ◽  
Legal Regulation ◽  
Legal Interpretation ◽  
Methodological Framework ◽  
Legal Norms ◽  
Legal Science ◽  
Legal Nature ◽  
The Common ◽  
Russian Law ◽  
System Today

Introduction: a legal interpretation activity is an independent type of legal activity. Despite this, its system today is rather poorly studied, which leads to the contradictions in the formation of interpretative practice. One of the elements of the system of legal interpretation activity is interpretative norms, which in legal science have not been distinguished as an independent legal category and have not been comprehensively studied. Purpose: to establish the truth in the issue of distinguishing interpretative norms as an independent legal category. Methods: the methodological framework for the study is a set of methods of scientific knowledge, including consistency, analysis, comparative legal, formal legal. Results: the author’s position grounded in the work is based on the study of the term “interpretative norms”, as well as their comparative analysis with the norms of law to identify the common and individual features. Conclusions: as a result of the conducted research, it is established that interpretative norms should be considered in the legal science as an independent legal category. This is confirmed by the possibility of distinguishing one’s own concept, as well as the presence of an individual legal nature. The current system of Russian law is an interdependent tandem of legal norms and interpretative norms, which interact with each other, allowing the most optimal way to achieve the goals of the legal regulation.

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