Typological models of legal regulation of matrimonial relations through the prism of comparative approach in private law

This article outlines a number of typological models of legal regulation of matrimonial relations using the method of comparative-legal analysis. Leaning on the formal-legal approach, analysis is conducted on certain typological models. First and foremost, the author explores the model that is based on inclusion of the norms of family law in the Civil Code. It features two basic modifications that take roots in the reference European codifications of civil law: French (institutional) and German (pandect). Another typological model under review relies on coexistence of the two separate codes within the national legal system: civil and family. The typological distinctness characterizes the model that is based on inclusion of the norms of special statutes dedicated to family law in the Single Civil Code (for example, PRC). The development of family law may take the path of adoption of separate legislative acts (UK, USA). In some instances, federative nature of the country may also affect the development of the system of sources of family law. The countries with pluralistic legal system, either have exclusive jurisdiction over matters of family law (for example, Israel), or stimulate the processes of its modernization through adoption of a special law (for example, India). The author believes that the formal-legal criterion of typology should be correlated with the substantive aspect of the matter. From this perspective, the author highlight the two trends in regulation of matrimonial relations: the first is associated with strengthening of public law principles, while the second is associated with private law principles. The typological model depends on the dynamics of their ratio.

Factors Affecting Health Tourism Development in Khouzestan Province in 2019

Background: To succeed in the health tourism industry, a developing market that is able to annually generate over $60 billion in income, the factors playing an important role in this industry need to be strengthened and developed. Objectives: Thus, the present study was aimed at identifying the factors affecting health tourism development in Khouzestan Province in 2019. Methods: This was a mixed methods study conducted in 2019 in two stages. The first stage aimed to identify and categorize the factors affecting health tourism development by reviewing the articles in the health tourism field during 2000 - 2019. The second stage aimed at prioritizing the identified factors through the hierarchical analysis method. The study population included academic and executive experts in the field of health tourism in Khouzestan Province who were chosen using the purposive nonprobability sampling method. Data were analyzed using Expert Choice software and SPSS version 22. Results: The first stage led to identifying six main criteria, including socio-cultural, facilities and infrastructure, policymaking and planning, effective marketing, political-legal, and economic, and 38 sub-criteria. Prioritizing the factors in the second stage also indicated that the facility and infrastructure criterion with 0.268 and the political-legal criterion with a score of 0.07 had the highest and lowest relative importance, respectively. Also, the economic criterion with 0.231, policymaking and planning with 0.176, effective marketing with 0.144, and socio-cultural criterion with a score of 0.105 were ranked second to fifth, respectively. Conclusions: In sum, improving medical and non-medical facilities and infrastructure in Khouzestan Province is of high priority. Therefore, it is emphasized to empower medical staff along with using the capacity of start-ups related to tourism development in this province.

Features of criminal liability of persons with mental anomalies: foreign experience

Annotation: Despite the rather large number of works devoted to the study of the characteristic features of mental anomalies, which do not exclude criminal prosecution, the peculiarities of criminal prosecution of such persons, a number of insufficiently solved problems remain. In the criminal law of a number of countries, the liability of persons with mental anomalies has long been regulated within the institution of limited sanity. And in this aspect, the study of foreign experience in the legislative regulation of this institution is necessary. The purpose of the study is to study the rules of foreign criminal law, which determine the features of criminal liability of persons with mental anomalies, and compare them with the relevant rules of criminal law of Ukraine. Among the countries whose criminal law provides for limited sanity for persons with mental anomalies, there are two conditional approaches to the criminal liability of persons with mental anomalies (mental disorders) in accordance with the legal family: England-American and Romano-Germanic. In the vast majority of countries of the Romano-Germanic legal family, whose criminal law defines the specifics of the responsibility of persons with mental anomalies (limited sanity), criteria such as medical (mental anomaly or disorder) and psychological (lack of awareness and / or control of their actions). The criminal law of the England-American legal family does not have a clear definition of the concept, criteria and consequences of the state of limited sanity in the subject of the crime. The criminal legislation of Ukraine on determining the features of criminal liability of persons with mental anomalies in the form of their legislative definition corresponds to the legislation of the Romano-Germanic legal family. The legal criterion of limited sanity, which is defined in the theory of criminal law, should be called psychological, because it is an intellectual-volitional manifestation of behaviour, not legal. It may be legal to establish a medical and psychological criterion of limited sanity in the relevant norm with an emphasis on the criminal consequences that will have a mental anomaly on the criminal liability of such an entity.

Contexts of Normative Aspect of Public Security

Public security, a state constituting a normative subject, is defined by numerous acts that regulate areas requiring specific conduct to be able to assure it. The public order defined in such a way determines public security. Nevertheless this simple dependence is insufficient as regards the normative formulation of public security. It is identified as an expression pointing at public tasks of administrative bodies as a legal criterion for the operation of such a body or as competence of the body. The present paper presents contexts of its usage in diverse normative acts, considered as separate legal departments. Such a broad review has been carried out by their classification depending on categorisation to the political, process and material laws. A separate discussion has been made of public security as a structure that does not occur directly in the basic law, yet ha its reference in it. The presented material enables making a differentiation of the concept of public security in normative acts, depending on the context of its formulation.

In defence of natural beauty: Aesthetic obligation and the law on the designation of protected landscapes in England and Wales

Natural beauty has been the central legal criterion for the designation of ‘protected landscapes’ in England and Wales for over 70 years. This approach is subject to criticism that natural beauty is an outdated and subjective notion. Yet, there is surely merit in celebrating the beauty in nature that exists in these areas. Nevertheless, the legal approach necessitates some interrogation of the notion of natural beauty, its relationship to the landscape and the nature of the aesthetic exercise required to underline a regulatory system for the designation of protected landscapes. This article draws on literature in both aesthetic philosophy and landscape studies to provide such an analysis, arguing that an aesthetic observation of natural beauty can form the basis of a reasoned, robust and transparent process for the designation of protected landscapes and account for natural and cultural heritage concerns.

The effective method of judicial defence of private right and interest as category of judicial right

The article is sanctified to research and analysis of short story of civil judicial legislation “effective method of judicial defence” of private right and interest as a legal category of judicial right. Drawn conclusion, that the “effective method of defence” of private right or interest it follows to examine as the combined legal category, where triangle: effective-defence-right, it is his constituents that form an only judicial mechanism. Thus “efficiency” in a civilly-judicial legal mechanism is not independent, but depends on many factors. “Efficiency” is examined as a legal criterion that it does not follow to examine separately, but as category “effective method of defence” of private right or interest. Investigated separately and in their intercommunication legal categories: “effective method of judicial defence”; “determination of cramps of effective method of defence”; “method of defence, that does not conflict with a law”; on the basis of analysis of practice of ECHR and national courts of cassation instances intermediate determinations of the above-mentioned concepts are given. A “effective method of judicial defence” is the requirement (materially-legal measure of a force character) produced in a court about defence of private right or interest that answers maintenance of the broken right and the real renewal provides him, and if it be impossible such renewal must avouch for the face of receipt of corresponding compensation. “Determination of cramps of effective method of defence” is a judicial action of court that comes true during the stage of acceptance of cramps of decision and consists in the estimation of the requirement expounded in a lawsuit for the purpose her “efficiency” at the decision of question of belonging (adequacies) of select a plaintiff method of defence of private right and interest. “Method of defence, that does not conflict with a law”, - it produced in a court with the aim of effective defence broken, unrecognized or contested private right or interest requirement about defence of private right or interest, that does not conflict with a law (not forbidden by a law), answers maintenance of the broken right and provides him it is real renewal. Keywords: effective defence of the unrecognized or contested right broken; effective method of judicial defence; determination of cramps of effective method of defence; method of defence, that does not conflict with a law; access is to the justice; effective means of legal defence.

CRITERIA SELECTION FOR ADAPTIVE REUSE OF CULTURAL HERITAGE BUILDINGS

Cultural heritage buildings are an important origin of a country‘s cultural memory, originality, and attractiveness, which motivated cultural growth, economic development, and social employment. However, cultural heritage buildings threaten to decay regarding the contributing poor funding for cultural heritage buildings preservation and maintenance, increasing urbanization changes. The adaptive reuse of cultural heritage buildings is one of the reasons, helping to preserve heritage buildings. This paper submits qualitative and quantitative criteria and subcriteria for the adaptive reuse of cultural heritage buildings. The set of criteria consists of economic, social, environmental, cultural heritage and legal criterion.

INNOCENCE AND LIMITED INNOCENCE: THE PRACTICE OF THE ANGLO-AMERICAN LEGAL SYSTEM

Purpose. The purpose of this paper is to study the norms of the Anglo-American legal family regarding the сriteria for innocence of the incapacitated subjects of objectively unlawful acts: medical and legal criteria. Methodology. The methodology includes a comprehensive analysis and a synthesis of available scientific and theoretical information. It is includes the formulation of relevant conclusions and recommendations. Such methods of scientific knowledge were used: terminological, logical-semantic, functional, systemic-structural, comparatively legal. Results: In the course of the study, it was recognized that the law of countries within the Anglo-American legal system was characterized by clear problems with the formulation of both legal and medical criteria of insanity. The main reason for this omission is the application in practice of judicial precedents that have been adopted since the last century. Originality. The study identified a number of shortcomings of the Anglo-American legal family in determining the criteria of insanity, namely: there is no strong-willed character of the legal criterion; their indisputable character makes it impossible to deduce the intermediate states of the human psyche; the circumstances that the crimes may be committed by persons whose “defect of mind” does not take place as a result of mental illness are not taken into account; the burden of proving insanity is transferred to the defendant himself. The medical criterion of insanity in the Anglo-American legal family also raises a number of remarks, the main of which is a fairly extensive list of forms of mental illness and abnormalities, which provokes impunity for potential criminals. Practical significance. The results of the study can be used in law-making and enforcement activities in the administration of justice against incapacitated persons.

The Co-Parental Divorce: Removing the Children from the Jurisdiction

The preservation of parenting rights in contested custody or access proceedings arising on the dissolution of marriage necessitates a judicial reconciliation or balancing of the competing interests of the children, the parents and members of any extended or reconstituted families. In C. v. C., (unreported, March 7, 1984, Ont. S.C.) the mother was held to the terms of a prior separation agreement and was ordered not to remove the children from the Province of Ontario without the father's consent or a further order of the court. In reaching this decision, the trial judge placed heavy reliance on the evidence of a mediator who had unsuccessfully attempted to resolve the differences between the parents and who was of the opinion that the children would be at risk if the mother proceeded with her plans to remarry and establish a new home for herself and the children in England. C. v. C. raises diverse fundamental issues concerning the legal resolution of parenting disputes on marriage breakdown or divorce. The following issues are addressed in the commentary of this judgment (reproduced in annex): 1. What significance, if any, does, and should, a court give to the express terms of a separation agreement? 2. If a mediator is retained, should the mediation process, including the mediator's evaluation, be “open” (i.e. subject to disclosure to the court) or “closed” (i.e. confidential and excluded from any evidence adduced in subsequent judicial proceedings)? 3. How can the best interests of the children — the legal criterion to be applied in the adjudication of parenting disputes — be reconciled with the best interests of other concerned family members? 4. Could, and should, the court have addressed the possibility of some alternative form of parenting arrangements that might accomodate the competing interests of all the affected parties? 5. To what extent can the courts legally fetter the freedom of a custodial parent to establish a new home for (i) herself (or himself) and (ii) the children? Some of these issues are specifically addressed in the unreported reasons for judgment. Others are ignored. The purpose of this commentary is to canvass these issues and point to the need for a family-oriented approach to the resolution of parenting disputes, rather than an individual rights approach, such as has been traditionally adhered to by the courts in the adjudication of custody and access disputes.

C=f(P): The trust, ‘general public utility’, and charity as a function of profit in India

With an interest in historicizing contemporary philanthropic formations such as corporate social responsibility, this article outlines the modern Indian governmental coding of charity as a function of profit. To do so, it charts a trajectory of legal-fiscal policy on charitable tax exemption in India, especially since the 1940s. Informed by the study of vernacular capitalism, research on economization and on epistemologies of calculation, the analysis maps juridical trajectories on the idea of charity, its relationship with trade, and, more specifically, profit-making. It demonstrates how the legal mechanism of the public trust, which serves in the late nineteenth century to institutionalize a strict distinction and separation between charity and profit-making, later reconfigures and connects them by buttressing the main legal criterion for charity in India, that is, ‘general public utility’. This legal story is deployed to draw attention to philanthropy more broadly as a key terrain for research on processes of economization and neoliberal governing. At the same time, the argument also works against the grain of palimpsests in contemporary public discourse which stage a continuous and direct line from pre-colonial vernacular practices to Indian philanthropy today.