Actions in the Interest of Others Without Commission: Problems of Theory and Practice

2021 ◽  
pp. 34-37
Author(s):  
Piskunova N. I. ◽  
Keyword(s):  
Comparative Analysis ◽  
Theory And Practice ◽  
Unjust Enrichment ◽  
Judicial Practice ◽  
The Right

The article discusses the conditions for qualifying actions in someone else’s interest without a mandate and the requirements that must be met in order to obtain the right to reimburse the expenses incurred. The problems that arise in judicial practice during the qualification of these actions are identified. A comparative analysis of obligations arising from actions in the interest of others, and obligations from unjust enrichment. The author concluded that obligations from actions in the interests of others and obligations from unjust enrichment should not be mixed, and therefore there was a need to develop more clearly defined criteria to distinguish between the scope of these obligations.

ABANDONMENT OF MOTHERHOOD IN THE SYSTEM OF LEGAL FACTS: PROBLEMS OF DISCREPANCY BETWEEN THEORY AND PRACTICE

2021 ◽  
pp. 126-136
Author(s):  
Natalya A. Ablyatipova ◽  
Keyword(s):  
Law Enforcement ◽  
Adoptive Parents ◽  
Theory And Practice ◽  
Parental Rights ◽  
Inappropriate Use ◽  
Judicial Practice ◽  
Parents And Children ◽  
Imple Mentation ◽  
The One ◽  
The Right

The problem of improving the norms of family law in terms of protecting the rights and interests of parents and children is long overdue. At first glance, the current Russian family legislation sufficiently regulates the issues of establishing the origin of children, the issues of birth registration and the rules for specifying the child's parents. However, one of the gaps is the voluntary refusal to exercise parental authority. In the legislation, the term "abandonment of a child" does not exist, but in fact, in practice, it is possible to perform this action. The issues of the legal nature of the parents ' rejection of the child, its content and legal conse-quences are not given sufficient attention, while the lack of a theoretical basis not only hin-ders the improvement of legislation, but also leads to a "free" interpretation of the current norms by law enforcement entities. In this regard, this study highlights the right to mother-hood and aims to consider it in the context of the legal possibilities of the mother of the child not to fulfill the obligations provided for by law by refusing them. The article examines the refusal procedure, identifies individual forms of refusal imple-mentation and their legal consequences. Based on the analysis of legislation and judicial practice, it is highlighted that in the course of law enforcement practice, situations are identified that are not covered by the existing norms. The analyzed norms testify to the inappropriate use of the term “abandonment of motherhood”. Refusal to exercise the powers of motherhood, fulfillment of duties, as well as granting consent to adoption are not a manifestation of the right to dispose of parental rights, which are inherently inseparable from the person. The author has established that the actual mechanism of this procedure is expressed in two possible forms: 1) the absence of the fact of the emergence of a legal connection between the mother and the child; 2) deprivation of parental rights in the manner prescribed by law. Based on the analysis of the materials of judicial practice, certain problems of the procedure for abandoning the child by the mother, as well as the consequences of the placement of children, depending on the form of refusal, were identified. It is established that on the one hand, if the mother of the child leaves the child without expressing the intention of further placement, the law establishes the basis for the deprivation of her parental rights after six months. On the other hand, if consent to the adoption is given with the indication of potential adoptive parents, the time period during which such adoption should be implemented and how the legal connection between the mother and the child will be severed is not established procedurally. The author identifies a number of typical problems associated with the refusal of the mother to take the child and exercise parental rights, and therefore offers recommendations aimed at improving the legislation, taking into account the needs of the current law enforce-ment practice.

Joint bankruptcy of spouses: theory and practice issues

2021 ◽  
pp. 271-280
Author(s):  
Irina E. Belova
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Scientific Literature ◽  
Theory And Practice ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Subject ◽  
The Russian Federation ◽  
The Right

We research the issue of the current law enforcement practice of considering cases of joint bankruptcy of spouses in the framework of insolvency procedures of individuals. We emphasize that at the legislative level, joint bankruptcy of spouses and multiple persons on the debtor’s side is not provided for. Initially, this resulted in a lack of courts’ uniform approach, which has become a subject of discussion in the scientific literature. In this context, we pay attention to the importance of adoption by the Plenum of the Supreme Court of the Russian Federation of position on the combining admissibility of spouses’ banknote cases. In turn, the permissibility of combining cases did not resolve the issue of possibility of accepting a joint bankruptcy application, which again led to discrepancies in judicial practice. Special attention is paid to the admissibility of combining cases, which is the right of the court, and not its duty. We note that the arbitration courts, when solving this issue, study such circumstances as the subject composition of the persons participating in the cases of debtors, the volume and nature of prop-erty that is part of the bankruptcy estate of each debtor’s property, the per-formance of duties of financial manager by the same person. Despite the de-veloping judicial practice of joint bankruptcy of spouses, justified by the ex-planations of the Plenum of the Supreme Court of the Russian Federation, we believe that it expedient and necessary to establish the grounds, procedure and conditions for joint bankruptcy of individuals who are spouses at the legislative level.

The right to life: A comparative analysis of the relevant norms of the Constitutions of the Republic of Azerbaijan and Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 28-32
Keyword(s):  
Comparative Analysis ◽  
Death Penalty ◽  
Russian Federation ◽  
Practical Implementation ◽  
Right To Life ◽  
Human Right ◽  
The Russian Federation ◽  
The Republic ◽  
The Right ◽  
Criminal Legislation

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.

Art, Idleness and Food: The Ethics of War Communism and the Origins of Production Art, 1918–1919

2019 ◽  
Vol 29 (1) ◽  
pp. 273-287
Keyword(s):  
Theory And Practice ◽  
State Institutions ◽  
Early Production ◽  
Policy Measures ◽  
Soviet Ideology ◽  
The Right ◽  
The Impact ◽  
The City ◽  
Further Development ◽  
Theory Of Production

The article examines the impact of the discourses concerning idleness and food on the formation of “production art” in the socio-political context of revolutionary Petrograd. The author argues that the development of the theory and practice of this early productionism was closely related to the larger political, social and ideological processes in the city. The Futurists, who were in the epicenter of Petrograd politics during the Civil War (1918–1921), were well acquainted with both of the discourses mentioned, and they contrasted the idleness of the old art with the dedicated labor of the “artist-proletarians” whom they valued as highly as people in the “traditional” working professions. And the search for the “right to exist” became the most important goal in a starving city dominated by the ideology of radical communism. The author departs from the prevailing approach in the literature, which links the artistic thought of the Futurists to Soviet ideology in its abstract, generalized form, and instead elucidates ideological influences in order to consider the early production texts in their immediate social and political contexts. The article shows that the basic concepts of production art (“artist-proletarian,” “creative labor,” etc.) were part of the mainstream trends in the politics of “red Petrograd.” The Futurists borrowed the popular notion of the “commune” for the title of their main newspaper but also worked with the Committees of the Rural Poor and with the state institutions for procurement and distribution. They took an active part in the Fine Art Department of Narkompros (People’s Commissariat of Education). The theory of production art was created under these conditions. The individualistic protest and “aesthetic terror” of pre-revolutionary Futurism had to be reconsidered, and new state policy measures were based on them. The harsh socio-economic context of war communism prompted artists to rethink their own role in the “impending commune.” Further development of these ideas led to the Constructivist movement and strongly influenced the extremely diverse trends within the “left art” of the 1920s.

Valid Signature Detection and Verification for Security of Individual Person

2016 ◽  
Vol 1 (1) ◽  
pp. 50-53 ◽  
Author(s):  
Varun Sharma ◽  
Narpat Singh
Keyword(s):  
Neural Network ◽  
Comparative Analysis ◽  
Recent Work ◽  
Research Work ◽  
Early Research ◽  
Individual Person ◽  
Signature Detection ◽  
Online Signature ◽  
The Right ◽  
Handwritten Signature

In the recent research work, the handwritten signature is a suitable field to detection of valid signature from different environment such online signature and offline signature. In early research work, a lot of unauthorized person put the signature and theft the data in illegal manner from organization or industries. So we have to need identify, the right person on the basis of various parameters that can be detected. In this paper, we have proposed two methods namely LDA and Neural Network for the offline signature from the scan signature image. For efficient research, we have focused the comparative analysis in terms of FRR, SSIM, MSE, and PSNR. These parameters are compared with the early work and the recent work. Our proposed work is more effective and provides the suitable result through our method which leads to existing work. Our method will help to find legal signature of authorized use for security and avoid illegal work.

Universal Health Coverage

2017 ◽  
Author(s):  
Joia S. Mukherjee
Keyword(s):  
Health Care ◽  
Universal Health Coverage ◽  
Poor Quality ◽  
Theory And Practice ◽  
Health Coverage ◽  
Quality Health Care ◽  
The Sustainable Development ◽  
Quality Health ◽  
The Right ◽  
Universal Health

This chapter explores the seminal topic of Universal Health Coverage (UHC), an objective within the Sustainable Development goals. It reviews the theory and definitions that shape the current conversation on UHC. The movement from selective primary health care to UHC demonstrates a global commitment to the progressive realization of the right to health. However, access to UHC is limited by barriers to care, inadequate provision of care, and poor-quality services. To deliver UHC, it is critical to align inputs in the health system with the burden of disease. Quality of care must also be improved. Steady, sufficient financing is needed to achieve the laudable goal of UHC.This chapter highlights some important steps taken by countries to expand access to quality health care. Finally, the chapter investigates the theory and practice behind a morbidity-based approach to strengthening health systems and achieving UHC.

scholarly journals Characterization of Spatial Planning in Brazil: The Right to the City in Theory and Practice

2019 ◽  
Vol 34 (4) ◽  
pp. 419-437 ◽  
Author(s):  
Roberto Rocco ◽  
Luciana Royer ◽  
Fábio Mariz Gonçalves
Keyword(s):  
Spatial Planning ◽  
Theory And Practice ◽  
Right To The City ◽  
The Right ◽  
The City

scholarly journals Understanding the geography of affordable housing provided through land value capture: Evidence from England

Urban Studies ◽  
2021 ◽  
pp. 004209802199889
Author(s):  
Alexander Lord ◽  
Chi-Wan Cheang ◽  
Richard Dunning
Keyword(s):  
Affordable Housing ◽  
Theory And Practice ◽  
Land Values ◽  
Land Value ◽  
Local Planning ◽  
Development Activity ◽  
Value Capture ◽  
Dual Approach ◽  
The Right ◽  
Community Infrastructure

Governments the world over routinely undertake Land Value Capture (LVC) to recover some (or all) of the uplift in land values arising from the right to develop in order to fund infrastructure and public goods. Instruments to exact LVC are diverse but are usually implemented independently. However, since 2011 England has been experimenting with a dual approach to LVC, applying both a tariff-style levy to fund local infrastructure (the Community Infrastructure Levy) and negotiated obligations, used primarily to fund affordable housing (Section 106 agreements). In this article we employ a difference-in-differences (DID) method to identify the interaction of these two instruments available to local planning authorities. We explore the question of whether the Community Infrastructure Levy ‘crowds out’ affordable housing secured through Section 106 planning agreements. In so doing we show that the interaction of these two approaches is heterogeneous across local authorities of different types. This raises questions for understanding the economic geography of development activity and the theory and practice of Land Value Capture.

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