Optimization of Preparation of Civil Case for Trial

2020 ◽  
Vol 2 ◽  
pp. 24-31
Author(s):  
N. V. Alekseeva ◽  
◽  
L. N. Pavlova ◽  

The article is devoted to the issue of increasing the efficiency and achieving the real practical significance of the stage of preparation of a civil case for trial in civil and arbitration proceedings. The authors draw conclusions about the need for widespread use at this stage of the obligation as a means of legal regulation and more stringent structuring and regulation of training. Practical recommendations for improving procedural legislation in terms of regulation of this stage are offered.

2021 ◽  
Vol 41 (I) ◽  
pp. 74-85
Author(s):  
P. HRYHOROVSKYI ◽  
◽  
N. CHUKANOVA ◽  
YU. KROSHKA ◽  
I. OSADCHA ◽  
...  

Aim of this work – to set forth general principles of ground of efficiency of informatively-measuring technologies in the process of exploitation of objects of the real estate. Methodology. The method of substantiating the effectiveness of the restoration of the technical condition of real estate in the process of their operation is based on the use of information and measurement technologies to establish the technical condition of the object, which is a combination of information retrieval methods, instrumental measurement, analysis and processing of such information, technological and technical solutions to ensure the operational suitability of the facility in conditions of uncertainty. The method involves the formation of a repair strategy using information and measurement technologies based on the development of the life cycle of repairs and algorithms for selecting options for instrumental monitoring systems, choosing the procedure for studying the duration of measurement work, justification of labor and information technology costs and comparative assessment of total costs of real estate object. Results. It is established that measuring works are an integral part of the process of operation and repair work in its composition, which are carried out according to a single schedule of operation of the building and are part of repair work, and the frequency and volume of measuring, including geodetic work correlate with. To plan the volume of measuring work, their duration and labor costs are determined on the basis of existing time norms, and in their absence – by methods of technical rationing. Substantiation of the effectiveness of information and measurement technologies in the operation of real estate is performed by comparative assessment of total costs during the operational stage of its life cycle, taking into account the costs of implementing information and measurement technologies, that is the set of processes for obtaining information by instrumental measurement and processing ‘effective conclusion on the technical condition of the property. The scientific novelty of the obtained results is in the development of general principles for substantiating the effectiveness of information and measurement technologies in the operation of real estate. The practical significance lies in the improvement of standard solutions for the choice of composition and content of information and measurement technologies, taking into account their impact on the duration and labor costs of all types of repairs and reconstruction.


ASJ. ◽  
2020 ◽  
Vol 2 (42) ◽  
pp. 31-34
Author(s):  
K. Inalkaeva

The purpose of the study is to analyze theoretical approaches to the mechanism for resolving legal conflicts, as well as to analyze its components, identify implementation problems and proposals for their elimination. The aim of the study is to improve the effectiveness of conflict prevention in draft laws, laws and other regulations. There is insufficient research on the procedure for adopting regional laws, organizing the work of regional parliaments, and public participation in the legislative process. We hope, if not to reveal, then at least to identify problematic issues that will find worthy researchers and solutions in the future. The paper notes the role of the constitutional Court of the Russian Federation as a subject of conflict-of-laws relations. It is concluded that the legislative process is directly related to the level of legal consciousness of the relevant subjects, moral attitudes, and awareness of their mission as creators of legislation. The practical significance of the research results provides a real opportunity for the competent authorities to take concrete measures aimed at removing corruption-related provisions from the regulatory legal framework.


2014 ◽  
Vol 61 (2) ◽  
pp. 270-285 ◽  
Author(s):  
Michael Kleer ◽  
Andrey Gizatullin ◽  
Klaus Dreßler ◽  
Steffen Müller

Abstract The paper encompasses the overview of hardware architecture and the systems characteristics of the Fraunhofer driving simulator. First, the requirements of the real-time model and the real-time calculation hardware are defined and discussed in detail. Aspects like transport delay and the parallel computation of complex real-time models are presented. In addition, the interfacing of the models with the simulator system is shown. Two simulator driving tests, including a fully interactive rough terrain driving with a wheeled excavator and a test drive with a passenger car, are set to demonstrate system characteristics. Furthermore, the simulator characteristics of practical significance, such as simulator response time delay, simulator acceleration signal bandwidth obtained from artificial excitation and from the simulator driving test, will be presented and discussed.


2018 ◽  
Vol 81 (2) ◽  
pp. 28-37
Author(s):  
M. Y. Bukreev

The subject matter of the research is the relations that are formed in the process of banking operations. It has been substantiated that banks and the banking system are among the most important financial institutions, which proper and stable functioning influences on all other spheres of life in the state. It is proved by the consequences of crises in the banking sector that have occurred in Ukraine over the past few years. Awareness of the importance of this area and the possible consequences of unlawful encroachments have determined the need to search for all legal means for combating delicts in the sphere of banking operations. Understanding the fact that one can achieve significant results in the sphere of protecting banking operations by administrative and legal means, has necessitated this scientific study. In order to analyze banking operations as an object of administrative and legal protection, the author has fulfilled the following tasks. The author has highlighted the use of the concepts of “protection” and “administrative and legal protection” in the context of their implementation in relation to banking operations. The foundations of Ukrainian and international administrative and legal regulation of protecting relations in the sphere of banking operations have been revealed. The essence and features of banking operations influencing the understanding of the sphere of protected relations have been outlined; and the content of administrative and legal protection of relations in the field of banking operations has been revealed. It has been noted that there is an extensive system of banking legislation on legal norms in Ukraine regulating banking operations that require legal protection. The practical significance of the obtained results of the article is determined by the substantiated provisions for improving the approaches to increase the efficiency of the administrative and legal protection of the relations in the sphere of banking operations. A number of practical results of the research can be used while studying administrative and legal means of protecting relations in the field of banking operations.


Author(s):  
O. V. Redkin ◽  
R. I. Pahomov ◽  
O. E. Zyma

The scientific principles and practical recommendations on the organization and management of business processes and construction investment projects in the real sector of the Ukrainian economy are developed. These issues are considered on an example of the development of objects and processes in the oil and gas complex. The basis of its improvement is proposed to apply new forms and best international experience to ensure the modern progress and competitiveness of complex industrial and business systems. It is determined that the practical recommendations given in the article can be successfully applied in industry and other sectors of the real economy sector of Ukraine. Their use should ensure the acceleration of modern progress and the growth of the competitiveness of the domestic economy.


2011 ◽  
Vol 14 (3) ◽  
pp. 314-332 ◽  
Author(s):  
Stephan P Van der Merwe ◽  
Andre G Steenekamp ◽  
Rosemary Athayde

The main aim of this research paper was to discuss the application of the Attitude Toward Enterprise (ATE) Test1 developed by Kingston University, London on secondary school learners in South Africa. A total of 1 748 usable questionnaires were gathered from grade 10 learners in the Sedibeng District and utilised for statistical analysis. Five factors with eigen-values greater than one describing the entrepreneurial attitudes of young learners were extracted during exploratory factor analysis. Tests for reliability and construct correlation produced satisfactory results to recommend the Enterprise Attitude Questionnaire for further use on young learners in South Africa. A comparison of the mean differences between the constructs for demographic variables produced statistically significant differences in a number of instances, but no visible effects or practical significance to suggest that these differences have any effect in practice. Practical recommendations are offered for further employment of the Enterprise Attitude Questionnaire in entrepreneurship research on young learners.


Author(s):  
Aleksandr Paramonov

We consider the constitutional principles of Russian law in the framework of positivist legal consciousness. We note the highest value of the law constitutional principles, as the basic ideas that underlie individual branches of law and all legal regulation. We focus on the practical significance of the constitutional principles of Russian law. We point out that in order to overcome defects in the legal consciousness of the population, it is advisable to duplicate the law principles that enshrined in the Constitution of the Russian Federation and in sectoral legislation. We emphasize that the practical significance of the law constitutional principles is manifested not only in their direct role in the legal regulation of public relations, but also in the fact that in judicial practice they can be used in the case of applying the analogy of law and the analogy of legislation. We indicate that this legal and technical tool is used to fill gaps in legal regulation. It is used in many branches of Russian law: civil, civil procedural, arbitration procedural, ad-ministrative procedural, family and others. Thus, the study shows the positive role of law constitutional principles in decision-making by a law enforcer in the absence of sectoral legal norms applicable in a particular situation.


Author(s):  
Vitalii Urkevych

Land is the most important object of the environment. It is an indispensable means of production in agriculture, the territorial basis for the location of various objects. It is argued that the proper functioning of land lease relations is a guarantee of sustainable economic circulation, a guarantee of the exercise of rights and performance of duties by both the lessor and the lessee of the land. The issue of renewal of the land lease agreement after its expiration is debatable. The purpose of the study is to outline the existing theoretical and law enforcement problems regarding the renewal of the land lease agreement, to make proposals to eliminate the latter. To achieve this purpose, a system-structural method of scientific knowledge was used, which helped analyse the prescriptions of the legislation on renewal of the land lease agreement, their relations and interaction were highlighted. The study proves that the lessee's pre-emptive right exists to renew the land lease agreement only for the same period and on the same terms and in the absence of objections to such renewal by the lessor. If the lessee tries to change the essential terms of the land lease agreement and in the absence of the lessor's consent to such changes, the lessee's pre-emptive right to enter into a land lease agreement for a new term is terminated. It is emphasised that in each dispute it is necessary to establish the good faith of the lessor’s actions to refuse to renew the land lease agreement with one person (lessee) and the subsequent conclusion of the agreement with the new lessee. The use of the category of "less protected" party in land lease legal relations appears debatable, because depending on the subject composition of the parties to these legal relations, such a party can be both a lessee and a lessor. It is concluded that the Supreme Court should unify the practice of applying the provisions of the law on the renewal of the land lease agreement (only in combination with other regulations or autonomously, with the use of the principle of "tacit consent"). The possibility of autonomous application of such instructions is indicated by the provisions of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning Counteraction to Raiding”. The revealed shortcomings of the legal regulation of the renewal of the land lease agreement after its expiration indicate the directions of improvement of the legislation in land lease, which has practical significance


Author(s):  
Ivan Sukhorukov ◽  
◽  
Anastasiia Chelpanova ◽  
Olena Malokhlib ◽  
◽  
...  

The article is devoted to the analysis of the Ukrainian legislation in the field of air protection, as well as the development of practical recommendations for its improvement by comparing it with the legislation of the European Union. Given the need for Ukraine to borrow the positive experience of the European Union in the field of air protection, the article analyzes the legislation to ensure air quality in countries such as Germany, the French Republic, the Swiss Confederation. The main types of air pollutants are identified. The problem of inaccuracy of information on air quality is highlighted. The authors suggest ways to improve domestic legislation in the field of air protection.


Author(s):  
Joaquín Varela Suanzes-Carpegna

In this article I will study the idea, and especially the legal regulation and the real aplication of the constitutionnal rights in Spain during the XXth century. The main object of the article is giving a short and clear synthesis about this subject. I will mainly analyze two basic ideas: the content of the fundamental rights, in accordance with the classic distinction between civil, political and social rights; and the form used to protect those rights, that will require to study its legal aplication by courts, and its guarantees opposite of the legislative and executive powers.


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