scholarly journals Formation and development domestic legislation on the carriage of goods by sea from the end of the 17th to the period of the reign of Catherine II

2020 ◽  
pp. 92-114
Author(s):  
А.Х. Хабибулаев
Keyword(s):  
Foreign Trade ◽  
Trade Agreements ◽  
Legal Regulation ◽  
Sea Transport ◽  
Foreign Countries ◽  
Domestic Legislation ◽  
Merchant Shipping ◽  
The Creation

В статье рассматриваются основные вопросы становления и развития законодательства о морской торговле, о перевозке грузов, о развитии судостроения и мореходного дела. Особое внимание уделено периоду до правления Петра I. Автор приходит к выводу, что морская торговля сложилась еще до Петра I, и торговое мореплавание регулировалось торговыми соглашениями и царскими грамотами, а при Петре I получило новый виток развития, с учетом опыта судостроения зарубежных стран. Мореходные кампании купцов дали начало казенной морской торговли и созданию военно-морского флота, способствовали развитию правового регулирования внешнеторговых операций морским транспортом. The article deals with the main issues of the formation and development of legislation on sea trade, on the carriage of goods, on the development of shipbuilding and maritime business. Particular attention is paid to the period before the reign of Peter I. The author comes to the conclusion that sea trade developed even before Peter I, and merchant shipping was regulated by trade agreements and tsarist charters, and under Peter I it received a new round of development, taking into account the experience of shipbuilding in foreign countries. The seafaring campaigns of merchants gave rise to state-owned sea trade and the creation of the navy, contributed to the development of legal regulation of foreign trade operations by sea transport.

scholarly journals Permanent Bench of Regional Courts: The Need or an Opportunity for the Establishment

2021 ◽  
Vol 1 ◽  
pp. 3-7
Author(s):  
Vasiliy V. Glushkov ◽  
Keyword(s):  
Legal Regulation ◽  
District Courts ◽  
Domestic Legislation ◽  
The Creation

The article analyzes the provisions of the Russian Federation’s judicial law. The fragmentation of the legal regulation of the organization of activities in these separate units of district courts has predetermined the need to study the topic standing judicial presences. The study revealed the paths (options) of the establishment of district courts and the permanent judicial presences of district courts with sub-jurisdictional territory in the light of the current domestic legislation. It is proposed to improve the legislation regulating the creation and operation of permanent judicial presences of district courts.

scholarly journals On the Form of Organizing the Institution of Condominium Ownership in Russia

Legal Concept ◽  
2019 ◽  
pp. 107-115
Author(s):  
Maxim Permyakov
Keyword(s):  
Legal Regulation ◽  
Law And Order ◽  
Real Form ◽  
Progressive Development ◽  
Root Cause ◽  
Foreign Countries ◽  
Domestic Legislation ◽  
Analysis And Synthesis ◽  
Long Time ◽  
Domestic Institution

Introduction: despite the fact that Russia is a country in which the majority of the population lives in apartment buildings, the institution of condominium ownership is one of the least developed, both in doctrinal and practical terms, in connection with which the theoretical and practical difficulties arise in the domestic legal order. The solution of such problems is impossible without the search for the root cause, which is the lack of choice of the form of organization of the legal institution, so that the legal regulation cannot be harmonious. Purpose: based on the study of the formation, evolution and unification of the institution of law in foreign countries, to address the problems of the domestic institution of condominium ownership. Methods: the methodological framework for this study is a set of methods of scientific knowledge, among which the main ones are the methods of specific historical, historical and comparative, social and legal, as well as the methods of analysis and synthesis. Results: the prerequisites for the emergence of condominium ownership in classical civil law were: the limitation of land as a natural resource, as well as capital for individual construction. The institution of condominium ownership is approved in the countries of continental law in two forms: “real” and “unreal”. In Russia, due to the lack of a long time of progressive development of property law, this institution was formed without taking into account its classical prerequisites, within the framework of privatization processes, which led to the emergence of the problems which are atypical for the European law and order. Conclusions: the domestic legislation tends to the organization of the institution of condominium ownership in the “real” form; however, the modern interpretation of this form entails many legal problems, which clearly indicates the need for its reform.

CIVIL LEGAL REGULATION OF THE COMMERCIALIZATION OF PATENTED INVENTIONS: THE CREATION OF INVENTIONS, THE LICENSING OF PATENT RIGHTS, THE SALE OF PATENT RIGHTS

2021 ◽  
Vol 6 (4) ◽  
pp. 26-32
Author(s):  
Dilrabo Egamova ◽  
Keyword(s):  
Intellectual Property ◽  
Legal Status ◽  
Legal Regulation ◽  
Foreign Countries ◽  
Patent Rights ◽  
The Creation ◽  
The Republic ◽  
Patented Inventions

In this article, issues of commercialization of intellectual property objects, which are one of the topical issues in the field of intellectual property, including the commercialization of patented inventions, their legal status, creation of inventions, licensing of patent rights,sale of patent rights, copyright rights, restoration of violated rights are considered. At the same time, the opinions of anumber of scientists on the commercialization of intellectual property objects in foreign countries and the Republic of Uzbekistan have been studied

Directions of Updating the Inheritance Legislation of Ukraine

2020 ◽  
Vol 27 (1) ◽  
pp. 84-99
Author(s):  
Yuri Zaika
Keyword(s):  
Comparative Method ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Scientific Concept ◽  
Inheritance Law ◽  
Law System ◽  
Foreign Countries ◽  
Testamentary Capacity ◽  
Domestic Legislation ◽  
Written Form

The paper investigates the issues of updating the inheritance legislation. The purpose of this paper is to substantiate the first steps towards the creation of a scientific concept for the reform of inheritance law. The need to improve inheritance legislation is conditioned by a number of circumstances: new developments in the doctrine of inheritance law; law enforcement practices and problems that arise in courts upon considering hereditary disputes; the need to adapt domestic legislation to that of EU countries; consideration of Ukraine's aspirations for the European community. The dominant research methods are the comparative method and the modeling method, the use of which allowed to carry out comparative law analysis of the hereditary legislation of foreign countries and Ukraine and to identify the tendencies of development of the inheritance law, to understand the methods of overcoming the arising issues. Features of testamentary capacity of minors are revealed. An opinion was expressed that the legal regulation of relations involving post-mortem children and children born with the help of reproductive technologies may go beyond hereditary. Given the historical experience, the place of inheritance law in the civil law system was determined. The conclusion on the necessity of extending the freedom of testation by introducing simplified forms of it is justified: legalization of a simple written form of thetestament, and in extraordinary circumstances – the admissibility of announcement of the testamentary disposition in oral form. The legal nature of the secret covenant was identified; the norm of the testament with condition was modelled. Supplementary ways of protecting the rights of the testator are proposed, including appeal to the court for the removal of a person entitled to a compulsory share of inheritance from succession. The provision that the grounds for reducing the size of the obligatory share of the heir should be specified in the law is substantiated. Adoption of proposals aimed at improving legislation will facilitate the implementation and protection of inheritance rights. The overall result of the study lies in the need to recodify the inheritance legislation of Ukraine with consideration of the positive experience of continental Europe.

scholarly journals Compensation for Harm Caused to the Consumer's Health according to the Norms on Product Liability: Principal Directions for Improving Russian Legislation based on the Results of a Study of Foreign Experience

Lex Russica ◽  
2021 ◽  
pp. 144-155
Author(s):  
O. V. Kolesnichenko
Keyword(s):  
Product Liability ◽  
Legal Regulation ◽  
Consumer Health ◽  
Foreign Experience ◽  
Judicial Practice ◽  
Foreign Countries ◽  
Domestic Legislation ◽  
Health Damage ◽  
Principal Directions ◽  
Goals And Objectives

Despite the fact that cases of harm caused as a result of defects in goods, works and services represent the third most common special type of tort in Russia, with which claims for compensation for health damage are associated, the legislation does not provide additional insurance means of protection for the consumer. In judicial practice, the problems of determining the basis of tort liability for such harm, its nature and size according to Article 1086 of the Civil Code of the Russian Federation remain relevant. Foreign experience shows that many of these problems can be solved through the introduction of special evidentiary tests and the development of norms on product liability, the use of institutes of insurance of the risk of harm and liability. The paper presents a comparative legal study of the procedure and conditions for compensation for the harm caused to consumer health in Russia and foreign countries. Special attention is given to the fundamental differences between the American and European models of legal regulation of these relations. The author studied the most indicative approaches to determining the causal relationship between the defect of the goods and the damage caused, calculating the amount of compensation, understanding the defect of the goods and its legal consequences. The goals and objectives of the study are to identify and analyze the problems of legal regulation of compensation for harm caused to consumer health in Russia, study foreign experience and identify fundamentally significant areas of improvement of Russian legislation in this area. The expediency of establishing in the domestic legislation special presumptions of the presence of a defect in the goods, the origin of harm from such a defect for cases of causing damage to health during the operation of certain categories of goods is justified, a set of conditions is given, under which such a step may become possible. The prospects for the development and implementation of insurance methods of compensation for harm in this area, including mandatory no-fault insurance, are determined.

scholarly journals STATUS OF THE TAXPAYER IN A TAX LEGAL MECHANISM

2018 ◽  
Vol 4 (4) ◽  
pp. 346-350
Author(s):  
Volodymyr Uvarov ◽  
Dmytro Mirkovets ◽  
Viktoriia Zarubei
Keyword(s):  
Legal Regulation ◽  
Legal Regulations ◽  
Legal Method ◽  
Foreign Countries ◽  
Domestic Legislation ◽  
The Status ◽  
The Subject ◽  
Tax Payments ◽  
Legal Mechanism ◽  
Practical Implications

The aim of the article. The theoretical and legal bases of a taxpayer in the tax legal mechanism are considered. A comparative legal study of legal regulations that determine the place of the taxpayer in the tax legal mechanism is conducted, and on this basis, ways to improve domestic legislation in this sphere are determined. The subject of the study is the status of the taxpayer in the tax legal mechanism. Methodology. The research is based on the analysis of legal regulatory acts concerning the tax legal regulation in Ukraine. Based on the comparative legal method of research of certain provisions of Ukrainian legislation, the place of a taxpayer in the tax legal mechanism, as well as the application of positive foreign experience in this field, are determined. The results of the study revealed the need for a detailed study of defining taxpayers, taxable persons. Practical implications. The taxpayer is considered as the most significant element for the existence and development of tax relations. Moreover, the formation and development of compulsory tax payments, the integration of such payments into the tax systems of countries are analysed, which indicates the paramount importance of the taxpayer among any other elements of the tax legal mechanism. Relevance/originality. A comparative analysis of the taxpayer in the tax legal mechanism in foreign countries is the foundation for the improvement of most promising ways for the development of domestic legislation in this sphere.

scholarly journals Issues of organizing and carrying out educational work with convicts registered with the penal inspectorates

2021 ◽  
Vol 232 (9) ◽  
pp. 6-12
Author(s):  
SVETLANA I. BYAKINA ◽  
Keyword(s):  
Legal Regulation ◽  
Educational Work ◽  
Negative Attitudes ◽  
Individual Approach ◽  
Domestic Legislation ◽  
The Creation ◽  
Method Analysis ◽  
Positive Effect ◽  
Determining Factor ◽  
Main Factor

The article analyzes the problems of organizing and conducting educational work with convicts who are registered with the penal inspectorates of the Federal Penitentiary Service of Russia, reveals the importance of its proper legal regulation and implementation of an individual approach to offenders in the context of the humanization of penal policy. The article considers the official statistics, domestic legislation and scientific literature and the results of the author’s study on the topic of the work. The purpose of the study is to substantiate the need to improve the legal regulation of the considered activity area of penal inspectorates, namely, the creation of a normative legal act that discloses the procedure for conducting edu- cational work with convicts registered with penal inspectorates that is taking into account the peculiarities of such work. The methodological basis of the research was formed by the statistical method, analysis, synthesis, induction, system-structural and formal-logical methods. As a result of the work carried out, the main factor influencing the state of educational work with those sentenced to punishments without isolation from society, i.e. the legal support, has been analyzed. It is noted that the legal support is the determining factor for improving the analyzed vector of activity. The necessity of an individual approach to the educational influence on convicts has been substantiated. It has been established that the creation of a normative act on the organization and conducting educational work with convicts will contribute to the coordination of the efforts of interested subjects, as well as to overcoming the negative attitudes of the convicts, will contribute to their desire for correction. These decisions will have a positive effect on the improvement of the current penal legislation.

scholarly journals Legal Regulation of Merchant Shipping (Review of the textbook “The Law of the Sea and International Maritime Business”)

2021 ◽  
pp. 154-159
Author(s):  
Sergey Yu. Kashkin ◽  
Paul A. Kalinichenko
Keyword(s):  
Global Economy ◽  
International System ◽  
Legal Regulation ◽  
Law Of The Sea ◽  
Highly Qualified ◽  
Sea Transport ◽  
Maritime Law ◽  
Trade Relations ◽  
Merchant Shipping ◽  
The Law

The law of the sea is central to the modern international system and has a significant impact on the global economy. Its study is undoubtedly necessary for the education of highly qualified lawyers in the field of international law due to the fact that the safety of sea transport corridors plays a significant role in the development of international trade relations. Freedom of navigation practice in the post-industrial economy depends on the quality of the institutions of public maritime law and the efficiency of the execution of maritime contracts. Authors of the textbook made efforts to master the provisions of public maritime law in their relationship with the practices of merchant shipping, which is certainly interesting and useful due to the importance of maritime trade for achieving the sustainable development goals.

К ВОПРОСУ ОПРЕДЕЛЕНИЯ ФИНАНСОВО-ПРАВОВОГО РЕГУЛИРОВАНИЯ В СФЕРЕ ОБРАЗОВАНИЯ И НАУКИ В РФ: ПРОБЛЕМНЫЕ АСПЕКТЫ И ПУТИ ИХ РЕШЕНИЯ, СРАВНИТЕЛЬНЫЙ АНАЛИЗ С ЗАРУБЕЖНЫМИ СТРАНАМИ

2018 ◽  
Author(s):  
Михаил Геннадьевич Чепрасов ◽  
Юлия Станиславовна Лисачева ◽  
Евгения Дмитриевна Стрельникова
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Legal Regulation ◽  
Innovation Activity ◽  
Foreign Countries ◽  
The Russian Federation

This article discusses the problematic aspects of the financial and legal regulation of innovation activity in the Russian Federation, as well as ways to solve them. A comparative analysis with foreign countries is presented. В данной статье рассмотрены проблемные аспекты финансово-правового регулирования инновационной деятельности в РФ, а также пути их решения. Представлен сравнительный анализ с зарубежными странами.

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