scholarly journals Transfer of Property of the Deceased to the Ownership of Public Legal Entities

2020 ◽  
pp. 184-198
Author(s):  
Maryna BORYSLAVSKA
Keyword(s):  
Local Government ◽  
Public Law ◽  
Civil Code ◽  
The State ◽  
International Treaties ◽  
Deceased Person ◽  
Maximum Period ◽  
The Will ◽  
Government Body ◽  
The Moment

Public law entities such as the state and the territorial community have been found to have general grounds for acquiring ownership of property left after the death of an individual in the following cases: they are indicated in the will as an heir; the heir waives the share due to him/her in favor of the state or territorial community. In addition, each of these entities has grounds for acquiring (inheriting) the property of the deceased, relating exclusively to him-her. Thus, a territorial community becomes the successor of the property of the deceased person, in respect of whom there were no heirs after being recognized by court as fictitious in the manner prescribed by law. The property of the deceased may pass to the state in two other cases: the inheritance was opened before July 1, 2003, but was not accepted by any of the heirs (according to article 555 of the Civil Code of Ukraine of 1963); The state of Ukraine is the heir to international treaties. It is established that the latter ground is not mentioned in the Civil Code of Ukraine, which is assessed as a gap in legislation. A detailed analysis of all the mentioned grounds for the acquisition of property of the deceased is carried out. The conclusion is confirmed that the transition to a territorial community of fizzy inheritance is not inheritance. The possibility of submitting an application to the court for recognition of the inheritance as a fictitious body of the prosecutor’s office in the interests of the territorial community, which usually occurs with the inaction of the local government, is justified. The following features of the recognition of inheritance as a fictitious property are highlighted: 1) the rules of law that fix the transition of the hereditary mass to the favor of the territorial community are mandatory in nature, that is, the local government body in its interests is obliged to apply to the court; 2) only one participant in civil legal relations — the territorial community acquires property that has not been inherited; 3) there is no limitation (maximum period) on the moment for appeal to the court; 4) to recognize the inheritance as fictitious, a person needs an appropriate court decision that has entered into legal force. It is proposed to supplement the Civil Code of Ukraine with article 12771 on the transfer to the state of inheritance discovered abroad.

The Relevance of Biblical Justice to Industry

1956 ◽  
Vol 9 (3) ◽  
pp. 264-277
Author(s):  
George Goyder
Keyword(s):  
The State ◽  
Hugo Grotius ◽  
The World ◽  
The Will ◽  
Fair Distribution ◽  
The Moment ◽  
Biblical Justice ◽  
Supreme Being

Justice, according to Aristotle, is giving to every man his own. But what is a man's own, and how is it to be determined relative to what belongs to other men? We call fair distribution between persons by the name of justice, and in doing so we acknowledge that justice stands over and between men as something prior to and outside a man's will or even the State's will. The moment we invoke ‘justice’, we in fact appeal to a supreme Being as the source of justice. Either God disposes of the world, determines the order of His creatures, and endows them with the qualities necessary to that order, or justice is based on power, and the expression of justice is the edict of the State. Either there is a Supreme Lawgiver who is the source of Jus or right and therefore of law, or there is no objective right but only the will of the powerful. Hugo Grotius agrees with the Stoics in deriving Jus from Jove.

scholarly journals UNDUE INFLUENCE SEBAGAI FAKTOR PENYEBAB CACAT KEHENDAK DILUAR KUHPERDATA, DALAM UPAYA MENGISI KEKOSONGAN HUKUM

LITIGASI ◽  
2016 ◽  
Vol 17 (1) ◽  
Author(s):  
N. Ike Kusmiati
Keyword(s):  
Contract Law ◽  
Civil Code ◽  
The State ◽  
Undue Influence ◽  
Freedom Of Contract ◽  
Opposing Party ◽  
Bargaining Position ◽  
The Will ◽  
The Government ◽  
The Relationship

Not to misuse the regulation of the state as the factor that causes defects in the will of the Indonesian Civil Code, should be anticipated for the development of contract occurs so fast in practice. The convergence of an agreement in the form of rapprochement will of the parties, no longer occur in a balanced manner, because there are elements that influence the parties, both economically and psychologically, whereby the economically strong dominate the contract even harm the opposing party, so the contract applies biased, unfair and inappropriate. Therefore, the government needs to intervene to protect the weaker party. It was felt important need for inclusion of the substance abuse situation as a factor that will cause defects arising from Jurisprudence in the Netherlands as the fourth element, in addition to oversight, coercion and deception that has been set out in Article 1321 of the Civil Code. It is therefore necessary to be examined how the relationship between the abuse of state as the factor that causes the will deform against the abuse of contracts and how to position the state as a factor that causes defects will fill the void in the legal system of contract law in Indonesia. The results showed that the state of relationship abuse as factors that led to the agreement will deform, relevant because the agreement occur with the agreement, and to the agreed required the conformity of the will of the parties. For that agreement became the basis for the validity of the contract. But with the misuse of state in the contract raises the contract it becomes irrevocable, because conformity of his will are not met, while the position of the abuse of the state as the factor that causes a defect will in fill the legal vacuum in the system of contract law in Indonesia, it is very important, where in addition there is no setting in Indonesia, also the case in practice. The parties to a contract are often cornered by the interests of one party, so that the opposing party gives consent with full conviction, because it does not have the bargaining power is balanced, often one of the parties has a weak bargaining position, caused by the influence of the economic position and psychiatric one parties, so we need government intervention to oversee the implementation of the freedom of contract in practice, and making rules coercive. Keywords: Abuse of state; Disability Will; Contracts

scholarly journals The Principle Of Legality, Principle Of Public Law

2015 ◽  
Vol 21 (2) ◽  
pp. 512-515
Author(s):  
Alexandru Stoian ◽  
Teodora Drăghici
Keyword(s):  
Public Administration ◽  
Administrative Law ◽  
Public Law ◽  
The State ◽  
Public Authorities ◽  
The Social ◽  
Social Balance ◽  
The Moment ◽  
Principle Of Legality

Abstract The principle of legality represents one of the most important principles of the state of law, which significantly contributes to defending the law order and the social balance. Established as a principle of the organization and functioning of the state public authorities at the Revolution of 1789 in France, the acknowledgement of the principle of legality in an act having a constitutional value marked the moment of foundation for the state based on law principles and represented a premise of creating a modern public administration. The principle is present at the level of each judiciary branch, which provides for its popularity due to its specificity. The paper aims at achieving a brief analysis of the role of the principle of legality in public law, presenting its importance in constitutional and administrative law.

scholarly journals HEREDITARY FUND - NEW CATEGORY IN THE CIVIL LEGISLATION OF THE RUSSIAN FEDERATION

2017 ◽  
Vol 21 (6) ◽  
pp. 195-200
Author(s):  
Y. A. Tarasov ◽  
G. S. Ignatenko ◽  
N. A. Gulyaev ◽  
D. V. Tertichnikov
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
Property Management ◽  
Fund Management ◽  
Legal Entity ◽  
The Will ◽  
The Russian Federation ◽  
The Moment

New category in the Russian civil law (hereditary fund) is described in the article. Hereditary fund represents Russian analog of widespread institute of trust in Europe. Norms regulating activity of hereditary funds will be active from 09.01.2018. Hereditary fund is created by the Civil Code of the Russian Federation to will citizen. On the basis of his property the fund which is carrying out activities for property management receives inheritance. It can be termless or during a certain term. Only one person can create hereditary fund. Hereditary fund is created after the death of the citizen according to his will. To create hereditary fund it is necessary to have the will of the citizen which contains decision on hereditary fund creation. It is also necessary to have fund charter and fund management. The application for hereditary fund creation is submitted by the notary within 3 days from the moment of hereditary opening. As legal entity hereditary fund has isolated property which is formed by provided law. The property from fund is transferred to persons who are named in the decision on hereditary fund establishment or separate categories from an uncertain circle of people defined according to fund charter. The structure of hereditary fund bodies or an order of their formation is also defined by the testator. Despite introduction of a new design to the Russian civil law there are reasonable doubts whether hereditary funds will become popular in Russia or not. It is connected with a number of gaps which are in adopted law.

scholarly journals Taxation of Digital Companies: Experience of Russia and Other Countries

2021 ◽  
pp. 1-18
Author(s):  
Dmitriy Kopin ◽  
Anna Kopina ◽  
Ulrica Muffatto
Keyword(s):  
Local Government ◽  
Public Law ◽  
The State ◽  
Tax Revenues ◽  
The World ◽  
Additional Funding ◽  
Economic Needs ◽  
State And Local

It is generally recognized that local self-government is the most effective way to meet the basic socio-economic needs of the population. It is local self-government that takes on those public law functions that, by their very nature, cannot be realized by the forces of the state. The existing mechanisms of interaction between the state and local self-government are built on the basis of the principle of subsidiarity, aimed at supporting local budgets by the state, but they cannot always ensure sufficient and timely replenishment of local budgets. So, for example, we are left to conclude that local government is unable to influence such parameters as the collection and distribution of taxes. Although tax revenues are partially distributed in favor of local government, municipalities are often forced to look for sources of additional funding, which can be carried out at the expense of the population. The article aims to analyze the existing mechanisms for mobilizing funds from the population by municipalities in the world in general and in Russia in particular.

scholarly journals POWAGA RZECZY OSĄDZONEJ A DOCHODZENIE ODSETEK OD ZALEGŁYCH ODSETEK

2017 ◽  
Vol 8 (2) ◽  
pp. 209
Author(s):  
Grzegorz Jędrejek
Keyword(s):  
Civil Procedure ◽  
Civil Code ◽  
The State ◽  
The Moment

RES IUDICATA and Pursuing Interests for Interests in ArrearsSummaryThe aim of the article is to explain the doubts concerning the admissibility of pursuing interest for interest in arrears. This problem evokes doubts in the practice. The article presents the interpretation of art. 482 of the Civil Code, which includes the prohibition of anatocism. The exceptions thereto were also discussed. If the plaintiff, apart from the basic claim, pursues interests as an additional claim, the issued verdict creates the state of res iudicata also with regard to interests (art. 366 of the Code of Civil Procedure). In case of filing a state of claims for the interests for the interests in arrears, which is one of the exceptions from the rule of anatocism, the plaintiff counts the interests from the moment of filing the statement of claims regarding

scholarly journals The role of the public council in local government

2020 ◽  
pp. 229-234
Author(s):  
G. O. Spabekov
Keyword(s):  
Local Government ◽  
Positive Impact ◽  
Practical Experience ◽  
The State ◽  
Modern World ◽  
The Public ◽  
State Apparatus ◽  
The Law ◽  
The Republic ◽  
The Moment

In the modern world, public councils (councils) exist in almost every legal state. They are created in various forms and spheres of public life to achieve the political goals of the state. In general, councils widely exercise their powers in monitoring the activities of state bodies, public control, developing regulatory documents, and expressing the opinion of the population. In implementing the concept of a “hearing state”, councils effectively respond to constructive requests from citizens and are the most important link between the state and society, since problems in the state apparatus are caused by the lack of feedback from the population between local government and citizens. The article highlights the realities from the moment of adoption of the Law of the Republic of Kazakhstan “On public councils” to the present day, indicating the presence of a number of problems that bureaucratize and devalue the ideological basis. At the same time, practice shows real results that have a positive impact on building a dialogue and mandatory regulatory procedures that have no impact on society. The problems that have accumulated today, such as duplication of functions, lack of motivation, imperfect legislation, and others, require certain measures to be taken. This was preceded by the lack of practical experience of Kazakhstan at the time of adoption of the law, insufficient analysis of foreign practice and gaps in legislation. Solving these and other problems, as well as building the work of councils on a new principle, promotes openness and responsibility of the state to the population.

scholarly journals STATUS OF THE STATE THEORY OF LOCAL SELF-GOVERNMENT IN THE WORLD DOCTRINE OF MUNICIPAL LAW

2020 ◽  
Vol 33 (20) ◽  
pp. 35-41
Author(s):  
V.V. Sukhonos
Keyword(s):  
State Government ◽  
Local Governments ◽  
Public Law ◽  
State Theory ◽  
The State ◽  
State Function ◽  
Public Authorities ◽  
Local Union ◽  
Rural And Urban ◽  
The Will

Representatives of the “free community” theory were among the first to draw attention to the issues of local self-government. In the early nineteenth century. Treasury, ie government officials, was responsible for the affairs and property of the communities. As a result, the community economy has been virtually destroyed to nothing. Therefore, there is a need for scientific substantiation of the need to limit the intervention of central executive bodies in the public system of the economy. This task was intended to be solved by the theory of “free community”, which argued that the right of the community to settle its affairs has the same inalienable character as human rights and freedoms since the community has historically emerged before a state that should respect the freedom of public administration. At the same time, the idea of the inalienability of community rights was sufficiently vulnerable, because, on the one hand, to justify the inalienability of the rights of large territorial self-governing units (departments, provinces, lands, or regions) created by the state was rather difficult and, on the other, to deny them. other types of self-government, except for small rural and urban communities, was rather strange because it did not correspond to the real state of affairs. That is why the social theory of self-government is beginning to emerge, which, as characteristic features of local self-government, has advanced the non-state and usually economic nature of the activity of local self-government bodies. However, the practice has proved that self-government bodies exercise not only private-legal but also public functions, that is, those that are inherent to public authorities, which derive their powers from the state. In addition, the impossibility of clearly separating community affairs from state affairs entrusted to the community was clarified. That is why the state theory of self-government arises. The basic principle of all legal theories was the recognition of the community, county, city, province, in general, any self-governing local union, as a body of public law. At the same time, all representatives of legal theories recognized that the competence of local self-government bodies is not their independent function, it is a state function, that is, transferred by the state to be performed by independent local communities. Therefore, all cases that are administered by local governments are state affairs. The state government itself sets the limits of its competence, entrusting part of its affairs to local self-governing communities and recognizing them as independent public-law corporations. Local self-government bodies, although performing public duties, are not bodies of the state but of independent self-governing unions of communities, possessing the will and independence of the state and independent entities of public law, independent of the will of the state power, because the power itself wants to make them legally independent. Keywords: local self-government; state theory of local self-government; the theory of «free community»; public theory of self-government.

scholarly journals Advantages, benefits, services as gift items (novels of the anti-corruption legislation of Ukraine)

2020 ◽  
Vol 10 (19) ◽  
pp. 34-42
Author(s):  
Valeriia Riadinska ◽  
◽  
Liudmyla Rudenko ◽  
Keyword(s):  
Local Government ◽  
Civil Code ◽  
The State ◽  
Legal Analysis ◽  
National Legislation ◽  
The Subject ◽  
Personal Needs ◽  
A Priority ◽  
The Law ◽  
Intangible Benefit

Using of advantages, benefits, services as a gift item in the sphere of anti-corruption legislation of Ukraine investigated in the article. The article investigates the use of advantages, privileges, services as a gift subject in the sphere of anti-corruption legislation of Ukraine. Based on the analysis of the concepts of "advantage", " benefit", "service" it has been determined that there are no definitions of " advantages" or " benefits" in the national legislation. It is justified that advantages, as special privileges that create additional opportunities for individuals who favorably distinguish them from others; providing a person with a priority right to exercise the rights granted to him/her or meeting the needs may be the subject of a gift. Advantages could be provided through guarantees, benefits and the like. Attention is focused on the fact that benefits, such as advantages, supplementary rights, partial exemption from the established rules, duties or facilitating the conditions of their fulfillment provided to certain categories of persons are also considered as gifts. The service, as activity of the executor on rendering (transfer) of material or intangible goods to the consumer determined by the agreement, is carried out on individual order of the consumer for satisfying his personal needs, determined by the Law of Ukraine from 12.05.1991 No. 1023-XII "On protection of consumers' rights" and the Civil Code of Ukraine. It has been summed up, that the subject of a gift may include: advantages – special privileges that create additional opportunities for individuals who favorably distinguish them from others; providing individuals with a priority right to exercise the rights granted to them or meet their needs (advantages may be in the form of guarantees, privileges, etc.); benefits – advantages, additional rights, partial exemption from compliance with the established rules, obligations or facilitation of the conditions of their compliance, provided to certain categories of persons and so on; services – activity of the performing agency to provide (transfer) to the consumer a tangible or intangible benefit defined in the contract, is carried out on individual order of the consumer to meet his personal requirements. Considering that in case special entities receive advantages, benefits and services in connection with carrying out by such subjects of activity connected with performance of functions of the state or local government or from subordinated subjects can be considered as reception of gifts and serve as the basis for bringing such entities to responsibility, the legal analysis of the mentioned above concepts is of defining importance in application of the anticorruption legislation.

scholarly journals Obligatory Will in the Civil Code of Afghanistan: Analysis, Sharia Verification, and Case Solutions

2020 ◽  
Vol 2 (3) ◽  
pp. 20-30
Author(s):  
Sher Maqsood Hidary ◽  
Ziauddin Haneef
Keyword(s):  
Civil Code ◽  
Controversial Issue ◽  
Deceased Person ◽  
Social Interests ◽  
The Will ◽  
Ibn Hazm

Sharia status of Obligatory will is a controversial issue among Islamic Law's jurisprudents, with two leading views in this regard as follows: 1. According to Imam Abu Hanifa, if the deceased person has left some wealth behind, there will be no will obligatory upon him unless there is some right left on him that there is no way for its fulfillment except through a will. The author of Tafsir-al-Jassas emphasizes on the necessity of obligatory will in this case. 2. A number of jurists and Hadith scholars such as Saeed ibn Musayyab, Hassan Basri, Davood Zahiri, Isaac ibn Rahvaih, Ibn Hazm Zahiri and Imam Ahmad ibn Hanbal hold that will is obligatory for some of the relatives who are deprived of the inheritance. In order to provide social interests, and to prevent from hatred and jealousy among the non-heir grandchildren who have lost their father while their grandfather has been alive, so they are deprived of their grandfather's inheritance, the Afghan civil code does not regulate the obligatory will in accordance with Hanafi jurisprudence. But rather, it deems the will obligatory for non-heir relatives, specifically the grandchildren who could inherit from their parents by either quota or residuary, with certain conditions, under articles 2182 to 2188. Accordingly, it states that obligatory will has priority over any other wills.

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