Wpływ braku uznania rządu państwa totalitarnego i autorytarnego na zdolność sądową tego państwa w świetle koncepcji brytyjsko-amerykańskich

Although government recognition is a legal concept of public international law, it interacts with other branches of law, including private international law and international civil procedure. According to the jurisprudence of British and American courts, unrecognized governments do not possess locus standi in civil proceedings in regard to matters which fall within the state dominium. In the mentioned jurisprudence, a doctrine has been formulated according to which judges are bound by the position of their state executive bodies in regard to foreign state and government recognition, which has direct influence on the locus standi of foreign states in the courts of Britain and the United States. The aim of this paper is to present the above rulings, as well as to analyze whether there are grounds for accepting the doctrine which follows from them in Polish civil litigation.

THE CATEGORY OF "INTANGIBLE BENEFITS" AND SCIENTIFIC APPROACHES TO ITS LEGAL SUBSTANCE

The article examines the existing scientific approaches to the category of "intangible benefits", at the same time it compares the content of this concept with the term "personal non-property rights". The relevance of the theme is beyond doubt, since intangible benefits are protected from encroachments specifically by recovery of compensation for moral injury. This institution provides for the possibility of compensation for non-material damage, in practice, the most widely used method is the one that involves action demand with a statement of claim. Consequently, there is an obvious need to study the issues of legal protection and protection of intangible benefits from the point of view of the analysis of judicial and law enforcement practice. The purpose of the study is to analyze the definition of "intangible benefits" formalized in civil legislation and to identify the non-mandatory beginnings of its practical application in civil circulation. The methodological basis was the comparative law, formal legal, logical, dialectical and other methods of scientific research. Attention is drawn to certain elements of intangible benefits – personal inviolability, personal privacy and inviolability of the home, personal data, business reputation, etc. Much attention is paid to disclosing the scientific and legal concept of intangible goods, as a result of which the author comes to the conclusion that it is impossible to unambiguously understand the substance of intangible goods, in connection with which various approaches are proposed to understanding and disclosing the content of the desired category of "intangible goods" in the Russian civil law. Improving the regulatory framework which regulates the protection of non-property rights of legal entities should be considered one of the goals in the development of modern civil legislation.

Aharon Barak’s Concept of Human Dignity and the Notion of Dignity in Jurisprudence of Polish Constitutional Court

Israeli scholar and judge, Aharon Barak rejects the position that dignity is an axiomatic, universal concept. Moreover, he is in favor of “spacious” understanding of the right to dignity, making it a vast and broad category. The aim of the paper is to examine whether the concept of dignity presented by Barak is useful to understand the approach to human dignity as a legal concept in those Central European legal systems which have been influenced by German constitutional theory. In that regard the jurisprudence of Polish Constitutional Court is examined. The author is not fully convinced by Barak’s approach to dignity. The conclusion is drawn, however, that Barak is right when claiming that the status of an absolute right granted to the right to dignity means also that its scope is defined in a restrictive way.

Dispositivity principle in the criminal procedure of Azerbaijan Republic: concept and application in individual rights

Unlike other principles of criminal procedure (such as legality, presumption of innocence, etc.), the principle of dispositivity (the principle of autonomy of the will of a participant in the proceedings) does not have an independent legal formula, enshrined in a separate article in the current criminal procedure legislation of Azerbaijan. In this regard, questions about the existence, concept, content, individual elements, manifestations, and scope of the principle are becoming relevant and at the same time highly disputable. The author aims to determine the essence of dispositivity, to consider its individual manifestations, as well as to develop scientifically sound recommendations for optimizing the application in practice of the norms of the Code of Criminal Procedure in regulating issues related to the dispositive basis of the criminal process. The set goals predetermined solution for such basic issues as study of the philosophical and legal concept of dispositivity; determination of determinants-manifestations of dispositivity in criminal proceedings as a whole; recognition of dispositivity as one of the autonomous principles of the modern criminal process of Azerbaijan. The study was conducted by methods of dialectical cognition based on the principles of reflection, comprehensiveness, unity of induction and deduction, determinism, contradiction, and unity of analysis and synthesis. The author has studied and summarized a great deal of doctrinal material and jurisprudence, and some selected judicial acts have been used as real models for casuistry of the issues addressed in the article. As a result of the study, the author substantiates that, despite the absence of an independent article in the CPC on this principle, dispositivity is an autonomous principle of criminal procedure, not covered by other principles; on the contrary, it enters into various correlative relations with them. In other words, the Code of Criminal Procedure does not provide a binding feature of the principle of criminal procedure. As the main determinants of the principle under study, the author proposes to consider a system of procedural rights of non-governmental participants in the proceedings that have the effect of initiating some kind of proceedings, and the consent of a participant category, which is a mandatory condition in the procedural decision-making mechanism of entities with power.

THE JURIDICAL REVIEW OF LEGAL POWER OF GROSSE DEED AS THE BASIS FOR EXECUTING MORTGAGE EXECUTION AUCTIONS

One of the executions of the mortgage object is the sale of the mortgage object through a public auction based on the executorial title contained in the Mortgage Certificate. Before the implementation is carried out by the creditor, a permit (fiat) is required by the local district court. The application for an auction for the execution of mortgage rights through a district court is closely related to obstacles, for example, a lawsuit from a third party (derden verzet) who feels he has the right to the object of execution even though it has nothing to do with creditors and debtors. This opposition made the Chief Justice of the District Court unable to grant the request for execution even though the creditor had a mortgage certificate that was encumbered but was forced to examine the relevant evidence in the trial forum to determine whether the resistance was sufficient reason or just a conspiracy with the debtor to delay the execution. Based on this explanation, the author wants to examine the legal force of the Grosse deed as the basis for the implementation of the mortgage execution auction. The type of research in writing scientific papers is a normative legal research type, with a statutory approach and a legal concept analysis approach (Analytical and Conceptual Approach). The sources of legal materials used in writing this scientific paper came from primary legal materials, secondary legal materials, and tertiary legal materials. The legal materials were collected using library research techniques. Then analyzed using description, systematization, evaluation and finally concluded with argumentation technique. The results of this study are expected to provide scientific knowledge for academics, law enforcers, and the public.

Pushing the Boundaries: A Tentative Taxonomy of Money in New Zealand Private Law

This article seeks to define the boundaries of money in the context of proprietary taxonomy in New Zealand. It suggests that the traditional legal concept of money exclusively based on state issued (fiat) currency is dated, as does not accommodate the near-universal use of bank money in commercial transactions, nor the recent technological changes introduced by virtual currencies. As long as something functions as a means of payment and the holder has the right to exchange it for legal tender, the divide between mutually agreed payment obligations into those made on the base of fiat currencies and those not, becomes artificial. In providing responses to similar commercial arrangements and parties' legitimate expectations, not only coins and banknotes, but also balances held by customers in banking institutions, foreign money, and digital currencies, should qualify as money for private law purposes.

THE RIGHT OF SELF-DEFENSE AND THE ORGANIC UNITY OF HUMAN RIGHTS

The article challenges the fashionable but finally unsupportable opinion in political and academic circles that there exists no compelling, unitary, universally resonant moral and legal justification of human rights. The argument is intimated by two overlooked passages in the preamble to the Universal Declaration of Human Rights that presuppose the right of self-defense against arbitrary force, understood as both a moral and legal concept, and as relevant both to personal and collective life. It shows how the logic of defensive force underlies the three formative human rights instruments: the UDHR, and the two covenants on political, legal, economic, social, and cultural rights. The underlying claim is that good reasons of a particular kind are required to justify any use of force, a claim that makes perfect sense against the backdrop of the atrocities committed by the German fascists and their allies in the mid-twentieth century. The article also refers to compelling, if preliminary, evidence of the widespread cross-cultural acceptance of the moral and legal right of self-defense, suggesting a basis for the worldwide comprehensibility and appeal of human-rights language.

Fostering the Effectiveness of TCL

What fosters the effectiveness of Transnational Commodity Law (TCL) is to render the sustainable use principle as effective as possible. For that purpose, we shall first turn to some reflections on how the normative potential of sustainable development (SD) as a legal concept can be unfolded (Sect. 5.1). Secondly, we will turn to International Commodity Agreements (ICAs) as potential instruments codifying what sustainable commodity use requires (Sect. 5.2).

Trust, Standards of Public Office, and Corruption

The central contention of this chapter is that the legal and political history of trust is also a history of the development of public office. ‘Trust’ helped to define and restrain the abuse of office in the early modern period. Originally a Roman legal concept, fiduciary trust was designed in the sixteenth century to protect private property rights but came to be applied, in the mid-seventeenth century, to public (and commercial) office to help describe, but also tackle, the abuse of powers exercised by officeholders. By the nineteenth century its standards and criteria had become widely shared norms—so much so, that we have largely forgotten their origins and the cultural factors that shaped their genesis. Trust and ‘breach of trust’ had great discursive power but also had juridical reach.

The Key Directions of the Legal Development of the National Priorities of International Strategic Partnership

The main topic of the current issue of the journal “Legal Concept = Pravovaya Paradigma” – “The global transformations of the legal infrastructure of the modern state: trends in the inter-country interaction and the national development” was declared by the editorial board to conduct a comprehensive intersectoral collective mini-study on the issues of the legal support for the development of strategic partnership and traditional interstate cooperation. A comprehensive analysis of the potential areas of international cooperation in need of a developed technological legal infrastructure is presented in the prepared draft in an expanded format. These are the traditional areas of the activity of international organizations in the context of scientific, technological, and industrial integration, and interstate cooperation in the field of economic activity on foreign trade, public procurement, fiscal policy, as well as new areas in criminal and civil proceedings, arbitration, electoral justice, involving the study of foreign experience to plan strategic partnership and full-fledged mutually beneficial international technological cooperation. It is proved that different strategies of inter-country cooperation and strategic partnership within countries will lead to the creation of different legal systems. A new form of partnership is being investigated - strategic partnership arising as a result of integration processes in the world and the changes in the goals, objectives, and principles of interrelationships of subjects of international law, which is characterized by long-term, mutually beneficial relations of equal status with an emphasis on the economic component. It is argued that the growing economic intra-national inequality is a problem of systemic importance for jurisprudence. It should be studied and taken into account when developing the strategic partnership policy documents and the acts of international cooperation, which will contribute to the creation of more peaceful and prosperous coexistence, backed by an effective law of nations, which meets all types of major challenges to which it is impossible to offer competent adaptive legal responses outside of close inter-country interaction.