scholarly journals Concept and grounds for the acquisition of ownership rights in the civil law of the Russian Federation

Author(s):  
Svetlana S. Aleeva ◽  
Maria Ye. Zhukova ◽  
Svetlana A. Ivanova ◽  
Albina V. Kachmazova ◽  
Elena B. Kozlova

The purpose of the article was to study the legal nature, concept, and motives for the acquisition of property rights in Russian civil law. The main method of documentary research. The article also uses the inductive method, the method of systematic scientific analysis, comparative legal methods, and historical methods. The main method underlying the solution of the problem is to study the legal bases and characteristics of the acquisition of property rights. The article demonstrates the theoretical irresoluble of the problem of scientific understanding of the grounds for acquiring property rights in the civil law of Russia and other countries. The authors of the article consider that the interpretation of Russian legal norms on property rights is multidimensional in contrast to the relatively recent past. It is concluded that judicial argumentation has occupied an important place in the modern scientific interpretation of civil law rules on property rights. Both the modern legal state and the constitution were created by interpretation and argumentation, including the rules of the property law institute.

2021 ◽  
Vol 7 (Extra-B) ◽  
pp. 462-467
Author(s):  
Elena Yevgenievna Grishnova ◽  
Sergei Pavlovich Zhdanov ◽  
Tatiana Viktorovna Larina ◽  
Vadim Valerievich Mnatsakanyan ◽  
Yuri Viktorovich Stepanenko

The purpose of the article is to study the legal nature and essence of the constitutional mechanism for the protection of citizens' rights in modern Russia. The leading method of studying the problem is the deductive method, which allows studying the legal nature and features of the implementation of the constitutional mechanism for protecting the rights of citizens in Russia. The article uses the inductive method, the method of systematic scientific analysis, and comparative legal and historical methods. The article concludes that the constitutional and legal status (as a legally fixed position of a person in their relations with the state and society) is part of the social status of an individual in society. The latter, in turn, is determined not only by legal norms but also by other regulators (political, moral, religious, etc.), mediating the diverse connections of a person with society and the state.


Author(s):  
Alona Tkachuk

The legal regulation of the license agreement is considered. Its contractual construction is investigated. The norms of the Civil Code of Ukraine and other normative legal acts on determining the essential terms of the license agreement are analyzed and it is clarified, which conditions must be agreed by the parties in order for the license agreement to be considered concluded. The scientific analysis of the legal nature of the license agreement in the system of civil law agreements is carried out. The objective essential conditions and features of concluding a license agreement are revealed. The subject and terms of the contract are considered. The rights and responsibilities of the licensor and the licensee are analyzed. The advantages of each party of the contract are determined. The civil law aspects of regulation of contractual license relations are investigated. The legal nature of the license is determined. The classification of license agreements has been carried out. The analysis of the current legislation in the field of granting property rights to the results of intellectual activity is carried out. The essential conditions of the agreement on creation on the order and use of the object of intellectual property rights and the agreement on transfer of exclusive property rights of intellectual property are investigated. The relationship between the license and the license agreement has been clarified. Recommendations on the structure of license agreements and advice on their content and method of presentation are provided. Conclusions and proposals, aimed at improving civil legislation in the field of legal regulation of license agreements, are formulated. It is concluded, that the license agreement is a fair mechanism for obtaining remuneration for the creation or acquisition of intellectual property


2021 ◽  
Vol 7 (3A) ◽  
pp. 44-50
Author(s):  
Ruslan B. Gandaloev ◽  
Valery V. Grebennikov ◽  
Taimuraz E. Kallagov ◽  
Vasily Olegovich Mironov ◽  
Badma V. Sangadzhiev

The purpose of the article is to study the legal nature of human rights, as well as to study the constitutional mechanism for protecting the rights of citizens (on the example of the Russian Federation). The article uses the inductive method, the method of systematic scientific analysis, as well as comparative legal and historical methods. The leading method, which is the basis for solving the problem, is to study the legal foundations and features of the implementation of the protection of citizens' rights through the use of constitutional methods and modes (tools) of legal protection. The article proved the theoretical unsolved problem of the effectiveness of the implementation of the constitutional mechanism for the protection of citizens' rights. The criticism of the classical doctrine of human rights as a scientific discourse was quite justified. Legal science needs a holistic and consistent anthropological and legal dogma of human rights, including for solving practical problems of the national legal system, in particular the Russian one, where even the constitutional text needs a human-centered interpretation.


2020 ◽  
Vol 89 (2) ◽  
pp. 61-68
Author(s):  
V. V. Rasskazova

Since the current contractual practice demonstrates the active use of settlement and release construction by the parties of civil legal relations as one of the most flexible instruments of termination of an obligation, the issue of ensuring unity in the interpretation and practice of this legal institution remains relevant. The subject matter of this study is the norms of civil law of different Member States of the European Union, and the purpose is the study of the conceptual approaches of other states to the legislative consolidation of settlement and release structure, its recognition as one of the ways to terminate the obligation and specific features of the interpretation and application of this institution that will make it possible to enlarge the view on the essence and role of settlement and release within the system of grounds for the termination of civil obligation and national contractual practice. The comparative and legal method was chosen as the main method of scientific research, due to which the author characterizes the main elements, purpose and essential features of legal constructions in civil law of other states, which are similar to the institution of settlement and release in Ukraine; the author pays attention to distinctive technical and legal peculiarities of civil legislation of some EU countries. According to the results of the conducted research the author has established that civil legislation of the most European countries does not enshrine settlement and release as the institution of obligation law and does not recognize it as an independent method to terminate the obligation. At the same time, the codified acts of some states contain certain legal norms, which provide for cases of transferring a certain good by the debtor to the creditor instead of fulfillment of an obligation, as well as enshrine legal institutions that act as settlement and release. The significance and practical significance of the paper is that the conducted study reveals new directions for further research, demonstrates the relevance and need for a more detailed and comprehensive analysis of the content and legal features of settlement and release, its importance and role in national contractual practice, as well as in the practice of other states.


Author(s):  
Inna Sevryukova

Introduction. The legal description of the contractual grounds for restrictions and encumbrances on the right of ownership of real estate can be provided only after a comprehensive study of the common features of the contractual structures, which establish the relevant rights and obligations of the parties. The main common feature of such agreements is the emergence of appropriate property benefits for the owner, which is to enable the owner to satisfy their interests at the expense of someone else's real estate, resulting in restrictions and encumbrances on property subject to the contract. It should also be emphasized that each subjective right has its limits of exercise, including the subjective right of ownership, as well as other real property rights. Of course, the nature of such restrictions must be different and depend on the content and nature of the restricted right, its object and the grounds for the restrictions. That is, restrictions on property rights and other property rights cannot be the same. Restrictions on property rights are established in the interests of society and arise by law, as well as in the interests of individuals (on the basis of law, contract, court decision), and restrictions on other property rights are primarily due to protection of the property from which they originate and the legitimate interests of the owner. In our opinion, the category of real contracts should include those types of contracts relating to real estate, including contracts of encumbrance of property rights on the basis of which the rights subject to state registration arise. Purpose and objectives of the study The main common feature of such agreements is the emergence of appropriate property benefits for the owner, which is to enable the owner to satisfy their interests at the expense of someone else's real estate, resulting in restrictions and encumbrances on property subject to the contract. Therefore, we can argue for the existence of a certain generalizing type of contract, the features of which are inherent in all its subspecies, in particular, contracts for the establishment of easements, superficies, emphyteusis, mortgage agreement. Such an agreement in the legal literature is called by some authors as a real contract. However, issues concerning its legal nature, place in the system of civil law contracts remain debatable. Research methods. The research carried out in the article is based on the assessment of generally accepted approaches to defining the characteristic features of problematic issues of contractual grounds for the emergence of restrictions and encumbrances of property rights to real estate. It should be emphasized that these issues are controversial due to the lack of clear legislative regulation, which leads to imperfect legal regulation and violations of the rights of participants in property turnover. Research conclusions. As a result of the study, the idea is given that in the current legislation of Ukraine due to the lack of a clear concept of the relationship between the category of "encumbrance" and "restriction" of property rights, as well as the uncertainty of property rights, some questions remain about the classification of certain rights accordingly, about the types of material contract, this issue is debatable and needs further study. It is possible to make about polystructurality of the real contract that causes division of this type of the civil law contract into kinds and subspecies. In our opinion, such a division depends on the legal nature and scope of the relevant types of restrictions and encumbrances on the right of ownership of real estate, which are proposed by current civil law.


Author(s):  
Dmitry Murzin

At present, social development as a whole is determined by the results of research activities. For this reason, it is important to identify the legal nature of the results of scientific activity. The aim of the article is to determine the boundaries of legal regulation of relations on creation and use of the results of scientific activity. The article analyzes the concept «the result of scientific activity» from the points of Russian legislation and civil law doctrine. The author discusses various options for improving legal regulation of civil law relations regarding the results of scientific activities from the standpoint of the correlation of such results with the protected object of intellectual property rights. These options range from expanding the circle of protected objects of intellectual property rights in the framework of the existing system to developing special absolute rights to the results of scientific activity. In some cases, the author refers to historical experience of the Russian law. It is concluded that identification of the legal nature of the results of scientific activity should be carried out with the combined application of all approaches de-scribed.


Author(s):  
Iryna Romanska

The scientific article is devoted to the solution of the scientific-applied problem of delimitation of the obtaining, keeping of pro -perty without sufficient legal basis with the vindicatio.The criteria for the ratio of a reclaim owner’s property from someone else’s illegal possession and a condictio claim are consi -dered. Both common and distinctive features of these legal institutions are analyzed. Vindicatio and condictio lawsuits are effectiveways to protect property rights, not measures of liability.Obligations arising from the obtaining, keeping of property without sufficient legal basis, as well as reclaim owners property fromsomeone else’s illegal possession, by their legal nature belong to the number of renewable, protective and non-contractual legal relations.The similarity can be seen in the so-called criteria as «right to follow». It is concluded that the range of persons entitled to file acondictio claim is wider than the subjects entitled to vindicatio.The main difference between condictio and vindicatio is that a claim for the return of property from someone else owns withoutsufficient legal basis is a legal remedy, and a claim for recovery of property from someone else’s illegal possession is a legal claim. Itis established that in contrast to vindicatio, the fact that the illegal purchaser actually owns the thing, in the case of condictio is not decisive.It is justified that in comparison with the vindicatio the condictio obligation has a wider range of action and is applied regardlessof the good faith of the purchaser and regardless of how the property was taken out of the possession of the creditor.Based on the generalization of theoretical research, analysis of current legislation of Ukraine, it is established that the obligationof condictio is a universal independent way to protect subjective civil law and an effective means of influencing the illegal acquirer.Condictio is applied in the alternative to vindicatio, when a certain requirement of the titular owner of the property is not covered bythe regulations of the main method of protection. The author concludes that it is impossible to compete in vindicatio and condictioclaims.


2021 ◽  
Vol 2 (20) ◽  
pp. 3
Author(s):  
O. A. Surzhenko

The article examines the problems of protecting civil property rights, one of the ways of which is to recognize the transaction as invalid. When analyzing this method of protection, violations by a transaction of the conditions of its action, the legal nature of invalid transactions, individual grounds and legal consequences of their invalidity are considered. Transactions that have certain drawbacks, and therefore do not meet the conditions that make the person’s actions legitimate, closely intersect with other actions that also do not lead to the purpose for which they were committed. These are not concluded contracts. The plane of intersection of these actions is quite significant, and the criteria for their delimitation are not regulated in the law, but in judicial practice are sometimes worked out contradictory. This applies to non-compliance with the requirements for the form of the transaction (in particular, the signature of the person), essential conditions, and other provisions of the law.Protection of civil rights is one of the most important categories of the theory of civil and civil procedural law, without clarification of which it is very difficult to understand the nature and characteristics of civil sanctions, the mechanism of their implementation and other issues arising in connection with the violation of civil rights. It is noted that the originality of regulatory civil law is that it arises from legitimate legal actions and is aimed at satisfying any property need. The force of coercion gives it the ability to be provided with legal measures. The right (entitlement) to protection in regulatory legal relations is one of the transactions of any subjective civil law, according to which the rightholder can, in the event of violation of the right, make a demand for the protection of the violated civil law


2020 ◽  
Vol 168 ◽  
pp. 00023
Author(s):  
Ievgeniia Bulat ◽  
Roman Pichko

At the present stage those questions are especially relevant that are connected with civil legislation and intellectual property institution recodification. Intellectual property covers all fields of activity, in particular, agro-industrial, chemical, mining and other industries. The article defines that in Ukraine the necessity of civil legislation recodification includes the ridding of all explicit collisions. Also, it includes the implementation of the world’s best experience in civil relations regulation and its stability and in definition of the direction of the further normative and legislative development. The main directions of recodification of the Institute of Intellectual Property as one of the key civil law institutions of Ukraine are identified in the context of the article. The directions of improvement of legal norms, guaranteeing the inviolability of intellectual property rights, providing them with greater juridical security and their further rationalization are also determined in the context of the article.


Author(s):  
Василий Алексеевич Рудаев

Проблема борьбы с преступностью в современной России является одним из приоритетных направлений государственной политики страны, условием обеспечения ее национальной безопасности. Пенитенциарная преступность выступает составной частью общей преступности и по многим показателям зависит от нее. Общеизвестно, что в местах лишения свободы совершаются преступления. Данные факты свидетельствуют о серьезных недостатках в деятельности уголовно-исполнительной системы, особенно это показательно, если преступления совершаются в колониях-поселениях, контингент которых представлен осужденными за преступления по неосторожности или положительно характеризующимися осужденными, переведенными из исправительных учреждений других видов. В профилактике преступлений важное место занимает организация применения основных средств исправления осужденных, одним из которых является воспитательная работа. В ходе анализа нормативной базы, регламентирующей проведение воспитательной работы, мы пришли к выводу, что многие особенности деятельности колоний-поселений не нашли отражения на законодательном уровне. Считаем, что правовая природа колоний-поселений наделяет администрацию учреждения широким спектром возможностей при организации воспитательного воздействия. С учетом наблюдений практических работников, полученных в процессе интервьюирования, мы предложили ряд изменений в нормативные акты, которые регулируют воспитательную работу. Их внесение в законодательство, по нашему мнению, будет способствовать совершенствованию организации воспитательной работы с осужденными, что в свою очередь позволит снизить уровень преступности в колониях-поселениях. The problem of combating crime in modern Russia is one of the priority areas of the country's state policy, a condition for ensuring its national security. Penitentiary crime is an integral part of overall crime and depends on it for many indicators. It is common knowledge that in places of deprivation of liberty crimes are committed. These facts reveal serious shortcomings in the functioning of the penal system, especially when crimes are committed in penal settlements, where the population is represented by those convicted of crimes by negligence or those transferred there from correctional institutions with different regime due to their conscious conduct. In crime prevention the organization of the use of basic means of prisoners’ correction, one of which is educational work, takes an important place. In the process of the analysis of the regulatory framework governing educational work, we came to the conclusion that many features of the activities of penal settlements were not reflected at the legislative level. We believe that the legal nature of penal settlement gives the administration of the institution a wide range of opportunities in organizing educational impact. Taking into account the observations of practitioners obtained during the interview process, we proposed a number of changes to the normative base that regulate educational work. Their introduction into legislation, in our opinion, will contribute the improvement of the organization of educational work with prisonerss, which in turn will reduce the level of crime in penal settlements.


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