scholarly journals The Role of Judicial Practice in the Legal Regulation of Insurance Contractual Relations

2020 ◽  
pp. 97-105
Author(s):  
Nadiia Milovska
Keyword(s):  
Insurance Industry ◽  
Self Regulation ◽  
Legal Regulation ◽  
Social Regulation ◽  
Important Place ◽  
Judicial Practice ◽  
Moral Standards ◽  
Contractual Relations ◽  
Characteristic Features ◽  
Legal Forms

he article is devoted to determining the concept, role and significance of judicial practice in the legal regulation of insurance contractual relations, the establishment of its characteristic features and its correlation with other sources of legal regulation of the relevant relations. It has been established that the legal regulation of insurance contractual relations represents a state-dominant influence on such relations by a combination of legal means by which specific entities (the insurer and the insured) influence the legal relationship in the insurance industry by establishing specific contractual conditions in order to consolidate relations between them in order to streamline them in accordance with the needs of society as a whole and specific entities in particular. Legal regulation of insurance contractual relations is carried out using various legal forms that differ in the level and manner of their consolidation. In the system of sources of legal regulation of direct contractual relations on insurance, the following are distinguished: sources of normative (general) regulation (normative legal act, legal custom, judicial precedent, standard contract, general principles of law) and sources of individual regulation (specific insurance contract, the contents of which constitute the totality conditions determined at the discretion of the parties and agreed by them). In addition, on the basis of state-power nature and belonging to a certain type of social regulation, the sources of legal regulation of contractual insurance relations are: a) substantial, formal sources of law (institutional sources), which coincides with the form of law as a way of expressing the rules of conduct that are contained in the rules of law (multilevel regulatory legal acts in the field of insurance); b) the totality of social regulators (extra-legal sources), which are characterized by direct or indirect recognition by their state of regulators of insurance relations, which are constituted by the customs of business turnover, moral standards; c) judicial practice, which is characterized by a combination of institutional, non-legal sources and contractual self-regulation. It is noted that judicial practice is the result of judicial regulation, affects the practice of law enforcement, the actual formation of insurance relations in society, changes in insurance legislation and occupies an important place in social regulation. Key words: judicial practice, legal regulation, insurance contractual relations, sources of legal regulation, non-legal sources, social regulators.

scholarly journals Crime of domestic violence (Article 126-1 of the Criminal Code of Ukraine): analysis of judicial practice

2021 ◽  
Vol 66 ◽  
pp. 189-196
Author(s):  
O. І. Zinsu
Keyword(s):  
Domestic Violence ◽  
Self Regulation ◽  
Research Work ◽  
Legal Regulation ◽  
Criminal Code ◽  
Educational Process ◽  
Alcoholic Beverages ◽  
Scientific Article ◽  
Addictive Behaviors ◽  
Judicial Practice

The scientific article is devoted to the analysis of judicial practice of the crime of domestic violence. The urgency of the topic is due to the need to develop Ukraine as a modern democratic state governed by the rule of law and further expand legal regulation in the field of prevention and combating domestic violence. Methodology. Methodological tools are selected in accordance with the purpose, objectives, object and subject of research. The methodological basis of the study are philosophical, general and special-scientific methods of cognition. The theoretical basis of the study were the prescriptions of regulations of current legislation of Ukraine and scientific works of domestic scientists on domestic violence. Taking into account the specifics and complexity of the chosen subject of research, interdisciplinary and complex approaches were used, which allowed to work out and interpret the results of empirical research. The generally accepted principles of scientific knowledge are applied, in particular, the principle of determinism, the principle of conformity, the principle of subsidiarity. The methods, techniques, principles used made it possible to identify, distinguish, distinguish and prolong the relationship of part and whole, single and total selected sample, emphasizing the dialectical unity and difference between the properties, relationships and aspects of the subject. The empirical basis of the study is the information obtained from the analysis of case law, namely: acts of criminal law (court verdicts), the period of adoption from 01.01.2020 to 01.01.2021, the decisions of which are placed in the Unified State Register of Judgments of Ukraine. In the course of the research the concept, legal consequences and composition of the crime of Article 126-1 were revealed and characterized. Domestic violence of the Criminal Code of Ukraine. The variability of structural units of criminal-legal interaction of the offender-victim with the indication of the family-legal status of the participants in the crime of domestic violence is emphasized. Attention is paid to fragments of legal reality and to certain orientation units of lawful and wrongful behavior. The influence of genetic and environmental factors on the formation of the behavior of participants in deep conflict domestic violence is noted. Attention is paid to the commission of crimes based on personal hostility. Also, the interpretation of the sample data revealed that a significant number of crimes of domestic violence were committed by the perpetrator (suspect / accused) in a state of intoxication or under the influence of psychoactive substances (alcoholic beverages), which in turn indicates the problem of interdependent, addictive behaviors, psychologic emotional imbalance. Thus, the modular interrelationships of the participants in the deep conflict in the field of domestic violence, taking the form of a criminal act, are determined by a set of interconnected, interdependent factors of biological and social nature. This gives grounds to argue about the need to improve measures to prevent and correct deviant behavior in society. Based on the results of the study, conclusions and recommendations were formed regarding the improvement of social and legal influence in the field of prevention and counteraction to domestic violence. Among other things, it is expedient to modernize social policy, form, develop the institution of "family", "general family", as well as the development and implementation of targeted comprehensive programs for the prevention of domestic violence, legal education, structured according to psychological age, hierarchy of activities, neoplasms of consciousness and personality. The general conditions of such an approach are the successful acquisition of knowledge and skills of self-regulation of behavior, as well as the formation of motivational and demanding sphere of personality of the right direction. The obtained results can be used: in research work —  for further research of legal, psychological specifics and structure of domestic violence; in law-making  — to improve the legal regulation of the system of prevention, counteraction to domestic violence; —  law enforcement activities  — in the implementation of state policy in the field of prevention, combating domestic violence; in the educational process  — in the preparation of lectures, seminars, practical classes; in legal and educational activities — to improve the modular guidelines of socio-legal behavior of the individual, aimed at raising the level of legal awareness, legal culture; as well as for all other professionals who deal with domestic violence.

scholarly journals Co-regulation as a way to improve the effectiveness of legal regulation in sports

2021 ◽  
Vol 12 (2) ◽  
pp. 263-275
Author(s):  
Aleksandra A. Dorskaia ◽  
◽  
Andrei Yu. Dorskii ◽  
Keyword(s):  
Russian Federation ◽  
Self Regulation ◽  
Legal Regulation ◽  
State Regulation ◽  
Social Regulation ◽  
Intermediate Form ◽  
Sporting Events ◽  
The European Union ◽  
The Status ◽  
The Russian Federation

In the article, the authors formulate a definition of co-regulation based on an overview of the approaches available in documents and regulations from the European Union. Co-regulation does not appear to be an intermediate form between state regulation and self-regulation, but rather an independent method of social regulation that can significantly improve legal regulation effectiveness. This is achieved by combining legal principles and norms and state control over their implementation with a broad discretion of professionals in a particular field. Sports is considered a classic case of co-regulation since all Russian sports federations pursue the legally defined goals (development of one or more sports in the Russian Federation, their promotion, organization, sporting events and training of athletes who are members of national sports teams), achieve these goals to realize the legally defined rights and obligations, and undergo evaluation for effectiveness and accreditation by the state. The article thoroughly analyzes the history of adopting a package of amendments to Russian legislation in order to introduce arbitral proceedings for athletes and coaches’ individual labor disputes in 2020. This example demonstrates the weaknesses of exclusive state regulation of legal relations in sports and the shortcomings of self-regulation. Specific problems are identified: their solutions are quite complicated when one has to choose one of the above-mentioned models or their combination, the status of “legionnaires”, duration of labor contracts, conditions for paying salaries and others. The arguments in favor of introducing a national arbitration for athletes and coaches’ labour disputes are considered. The status of Russian and international sports federations is studied in terms of their classification as self-regulatory organizations and the inconsistency of the independent status of sports organizations is demonstrated. In conclusion, the authors propose an amendment to the Federal Law on Physical Culture and Sports in the Russian Federation to legalize co-regulation in this area.

scholarly journals Features of individual legal regulation of force majeure circumstances

2021 ◽  
pp. 192-197
Author(s):  
Patimat Nazhmutdinova
Keyword(s):  
Legal Regulation ◽  
Judicial Practice ◽  
Legal Science ◽  
Force Majeure ◽  
Characteristic Features

The article reveals the specifics of individual legal regulation of force majeure circumstances. The author analyzes the existing legal science classifications of the designated type of legal regulation, examines the features of each of them, provides examples from the current Russian legislation and materials of judicial practice. The characteristic features of individual legal regulation, under which force majeure circumstances fall, are formulated.

scholarly journals Tendencies of the Contractual Regulation of Family Property Relations between Spouses with due regard to the Development of Legislation and Judicial Practice

Lex Russica ◽  
2021 ◽  
pp. 63-73
Author(s):  
S. Yu. Chashkova
Keyword(s):  
Law Enforcement ◽  
Common Property ◽  
Family Law ◽  
Legal Regulation ◽  
Property Relations ◽  
Positive Law ◽  
Judicial Practice ◽  
The Family ◽  
Contractual Relations ◽  
Law Regulation

The author makes an attempt to determine tendencies for the development of the legal regulation of property relations between spouses based on the approved amendments and expected changes in the legal regulation, established jurisprudence and with due regard to the goals of family law regulation and models of contractual regulation of property relations between spouses enshrined in positive law. The paper considers in detail the following trends: enforcement and development of provisions concerning contractual regulation of property relations between spouses and their common property, law enforcement and development provisions concerning contractual regulation of the property relations between spouses for the provision of mutual maintenance.The author comes to the following conclusions. Firstly, the family law regulation of contractual relations concerning the common property of spouses and law enforcement as a whole comply with the goals of the family law regulation. Secondly, civil law regulation and law enforcement in terms of contractual property relations between spouses strengthen the "pro-creditor" approach and limit contractual freedom of spouses. Thirdly, the prospects for regulating the legal and contractual regime (with the stronger "pro-creditor" approach) may result in changes in the systemic interpretation and law enforcement of provisions concerning the contractual regulation of spousal property and they can contradict the goals of family law. Fourthly, the regulation of contractual relations between spouses concerning maintenance shows sufficient stability and general conformity with the goals of family law regulation, but does not exclude the search for options to expand its limits through the rules of the Family Code of the Russian Federation, while the practice of applying these provisions indicates a "pro-creditor" approach and non-compliance with the goals of family law regulation.

scholarly journals Modern Model of Genomic and Other Research Regulations

2020 ◽  
pp. 1020-1027
Author(s):  
Nina M. Kolosova
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Self Regulation ◽  
Legal Regulation ◽  
Social Regulation ◽  
Proposed Model ◽  
Research Regulations ◽  
The Subject ◽  
Vector Direction ◽  
High Degree

The main goal of this study is to develop a qualitatively new model of public relations’ modular regulation, which will overcome stereotypes and shortcomings of legal regulation. The model of modular regulation is characterised by the convergence of all regulators, the vector direction of impact on social relations and other features. In the conditions of inconsistency of social regulators, the proposed model of modular impact on social relations provides an opportunity for everyone to choose the most effective norm. Modular regulation should be used only in some areas of social relations, without replacing legal one. Accordingly, the following criteria are recognised for the legality of applying the modular regulation: evidence of the onset of maximum socially dangerous consequences in the case of the application of an erroneous norm of social regulation and a high degree of self-regulation of particular social relations, the presence of specific laws in them. Given these criteria, it is advisable to use modular regulation in genomic and other research, which is the subject of this article

LEGAL AND ETHICAL ASPECTS OF BIOMEDICAL TECHNOLOGIES DEVELOPMENT AND THEIR IMPACT ON A HUMAN BODY

2017 ◽  
Author(s):  
Anna Koval ◽  
Keyword(s):  
Organ Donation ◽  
Medical Practice ◽  
Human Body ◽  
Rapid Development ◽  
Legal Regulation ◽  
Biomedical Ethics ◽  
Health Protection ◽  
Hereditary Diseases ◽  
Social Regulation ◽  
Biomedical Technologies

he end of the twentieth century and the beginning of the twentyfirst century has begun the rapid development of scientific researches in the biological and medical fields. This process is associated with using of fundamentally new methods, which are primarily aimed at the disease prevention, as well as the introduction into the treatment of human diseases with the latest scientific and innovative technologies, methods and techniques of their application. These opportunities in the development of scientific technologies in the field of biology and medicine have led to the emergence of such a direction of scientific activity as "biotechnology". The proposed article notes that using of biomedical technologies has caused a number of new problems in the field of law and ethics. Legal arrangement in the field of the health protection have become much more complicated. Thanks to new opportunities, today these relations regulate rights and responsibilities of a fairly large number of people. Modern relations in the field of medical services and medical care lead to the emergence of new approaches to their regulation by both legal and ethical norms. In the past, relations in the field of the health protection were usually between two subjects, a doctor and a healthcare consumer. Nowadays, in a medical practice, relations in the field of the health protection involve: a health-care consumer, his family members (e.g., in the case of hereditary diseases diagnosis, blood and organ donation etc.) and third parties (e.g., organ donation, reproductive cell donation, surrogacy etc.). In the general doctrinal concept, biotechnology is the industrial use of living organisms or their parts (microorganisms, fungi, algae, plant and animal cells, cellular organs, enzymes etc.) for product producing or modifying, improving plants and animals, and in medical practice - in relation of the individual human organs (or body as a whole) functioning. These circumstances require improving the legal regulation of modern medicine public relations, bringing them into line with emerging realities. Moreover, the specifics of relations in this field determines the specifics of their legal regulation. The application of new medical technologiesin relation to human treatment has given rise to a significant number of moral and ethical problems that could not be solved within the framework of medical ethics and deontology alone. In connection with this, the way out of the current situation could be the consolidation of bioethics as an interdisciplinary field of knowledge, as a science, which makes it possible to explain moral, ethical and legal aspects of the medicine. This, for example, determines the allocation of medical law in an independent branch of law in some Western countries and Ukraine. The article focuses on biomedical ethics, which is a component of the medical activities system regulation. In the context of considering the levels of social regulation of medical activities, bioethics (biomedical ethics) is an interdisciplinary science that studies moral and ethical, social and legal problems of medical activities in the context of human rights protection. Bioethics should create a set of moral principles, norms and rules that are binding on all mankind and delineate the limits of scientific interference in the nature of the human body, the transition through which is unacceptable.

Neuroscientific Approaches to the Study of Self and Social Emotion Regulation During Development

2020 ◽  
Author(s):  
Adriana Sofia Méndez Leal ◽  
Jennifer A Silvers
Keyword(s):  
Emotion Regulation ◽  
Self Regulation ◽  
Social Regulation ◽  
Childhood And Adolescence ◽  
Physical And Mental Health ◽  
Research Areas ◽  
Developmental Neuroscience ◽  
Social Emotion ◽  
Developmental Theories ◽  
The Neural Networks

Emotion regulation is a critical skill that promotes physical and mental health across the lifespan. This chapter describes the neural networks that underlie emotion regulation, and explores how these networks develop during childhood and adolescence. We consider two forms of emotion regulation: self-regulation and social regulation. While developmental theories suggest that parents socially regulate their children’s emotions so as to scaffold burgeoning self-regulation abilities, little neuroscience work has considered the development of self- and social regulation together. Here, we address this gap in the literature by describing what is known about the neurodevelopment of self- and social regulation of emotions separately, and by discussing how they might inform one another. Given that little developmental neuroimaging research has examined social regulation, we draw inferences from adjacent research areas including social regulation of stress physiology. Finally, we provide suggestions for future developmental neuroscience work on self and social emotion regulation.

FEATURES OF THE STRUCTURE AND SUBJECTIVE COMPOSITION OF CONTRACTUAL RELATIONS WITH THE PARTICIPATION OF JSC «SCIENTIFIC AND PRODUCTION CORPORATION «PRECISION INSTRUMENTATION SYSTEMS»

2020 ◽  
Vol 1 (6) ◽  
pp. 42-46
Author(s):  
S.V. DOROZHINSKY ◽  
Keyword(s):  
Public Procurement ◽  
Legal Regulation ◽  
The State ◽  
Regulatory Framework ◽  
Contractual Relations ◽  
Procurement System ◽  
State Defense

The article discusses the features of procurement in the framework of the state defense order by conducting trade procedures. The analysis shows that the regulatory framework for state defense orders includes both general acts for the entire public procurement system and special acts regulating relations specifically in the field of defense orders. The features of legal regulation in this sphere are determined, first of all, by the defense order specifics, but, primarily, this sphere as a whole is subject to the rules of legal regulation common to the sphere of public procurement.

New Approaches to Understanding Judicial Ethics in the Information

2020 ◽  
Vol 2 (3) ◽  
pp. 12-32
Author(s):  
E. V. Burdina ◽  
Keyword(s):  
Self Regulation ◽  
Legal Regulation ◽  
Subject Area ◽  
Social Needs ◽  
Legal Norms ◽  
Stage Of Development ◽  
Judicial Administration ◽  
Personal Approach ◽  
Personal Qualities ◽  
The Subject

Introduction. The article is devoted to the problems of the essence and content of judicial ethics in the new conditions of the technical revolution and with other social needs for legal regulation. Theoretical Basis. Methods. The work used a systematic, activity-personal approach to the study of moral and ethical standards of the conduct of judges. This made it possible to reveal a new and broader view on judicial ethics, which is not simply a set of moral restrictions and obligations imposed on a judge. Results. The work has identified and analysed the signs of judicial ethics at the current stage of development. It is argued that ethical regulation is precautionary in relation to the legal regulation of the independence of judges, for they complement ethical rules and reinforce legal norms. The ethical conduct of judges is an instrument guaranteeing judicial independence in all of its manifestations, including in organisational and judicial relations. The new realities of our time recognise the expansion of boundaries and the subject area itself of ethical regulation. A broader view on judicial ethics, which differs from the traditional one, is hereby justified. The latter is defined in two ways – namely both as a system of professional values, as well as a means of judicial administration based on the principle of self-regulation. By its very nature, judicial ethics is the result (and the way) of judicial self-governance, developed on the basis of the experience of functioning bodies of the judicial community. Discussion and Conclusion. Conclusions are drawn on both the instrumental and the managerial impact of the categories of ethics. The subject of judicial ethics has been defined, which constitutes the rules of conduct of judges in the performance of their professional duties and beyond – namely the set of general principles of work of a judge, as well as the personal qualities of a judge personifying the judicial power. Proposals on the optimisation of the mechanism of ethical influence, differentiation of ethical and disciplinary norms have also been substantiated.

scholarly journals International framework agreements: new paths to workers' participation in multinationals' governance?

2008 ◽  
Vol 14 (1) ◽  
pp. 111-126 ◽  
Author(s):  
Isabelle Schömann ◽  
André Sobzack ◽  
Eckhard Voss ◽  
Peter Wilke
Keyword(s):  
Trade Unions ◽  
Self Regulation ◽  
Industrial Relations ◽  
Negotiation Process ◽  
Social Consequences ◽  
Social Regulation ◽  
International Level ◽  
Political Debate ◽  
Labour Standards ◽  
The Impact

This article describes the results of a major study on the impact of codes of conduct and international framework agreements (IFAs) on social regulation at company level. The limits of labour legislation at the national, as well as the international, level provide a strong motivation for both multinationals and trade unions to negotiate and sign IFAs. IFAs offer a way to regulate the social consequences of globalisation and to secure adherence to labour and social standards. They thus form part of the growing political debate on the international working and production standards of private actors. Examination of the negotiation process, the motivations of the parties, and the content of the agreements and implementation measures provides valuable insights into the impact of IFAs on multinationals' behaviour in respect of social dialogue and core labour standards. Finally, the article highlights the influence of such agreements on public policy-making and the limits of private self-regulation at European and international level, addressing the growing and controversial debate on the need for supranational structures to regulate labour standards and industrial relations.

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