Additional procedures in cassation and supervision proceedings of civilistic procedure

The subject of the research is the additional powers of the Chairman of the Supreme Court of the Russian Federation in relation to cassation and supervisory complaints.The purpose of the article is to substantiate the necessity or redundancy of certain additional powers of the Chairman of the Russian Supreme Court taking into account the nature of such powers and the conditions for their application.The methodology. Analysis and synthesis, dialectical method as well as formal legal interpretation of Russian legislative acts and judicial practice of Russian Supreme Court were used.The main results. Since the transformation of the three-tier supervisory proceedings into a system of two cassation and one supervisory instance, as well as the liquidation of the Supreme Arbitration Court, the powers of the Chairman of the Supreme Court of the Russian Federation have spread to a fairly wide range of relations that allow influencing the movement of the case in the cassation and supervisory instance, and on itself initiation of a case in a supervisory instance. Moreover, such activities are far from always regulated by the norms of the law.The Chairman of the Supreme Court of the Russian Federation (or his deputy) currently has leverage over the possibility of considering a case in the cassation instance of the Supreme Court of the Russian Federation (Judicial Collegium of the Supreme Court) and in the supervisory instance (Presidium of the Supreme Court). These possibilities are called control and substitute in the article. Control powers should include: 1) regulation of key deadlines in cassation and supervisory proceedings; 2) interference in the procedure for filtering complaints. The procedure and conditions for the use of these powers are not regulated in the procedural codes. Having such powers in relation to procedural terms, the President of the Supreme Court actually influences the very possibility of initiating a case in a court of cassation or supervisory instance, as well as the duration (and, accordingly, the quality) of the examination of the complaint. The intervention of the Chairman of the Supreme Court of the Russian Federation in the procedure for filtering complaints has a clearly pronounced discretionary nature, moreover, it is selective. It would not be superfluous to point out that such as "order" in itself creates conditions for its abuse both by the participants in the case and by the courts. The substitute authority is the right of the Chairman of the Supreme Court to initiate supervisory proceedings on his own initiative, contrary to the basic rule of civil proceedings based on the principle of discretion (the case is initiated by the person whose rights have been violated). Supervisory proceedings are currently intended to appeal against judicial acts adopted by the Supreme Court of the Russian Federation itself when considering cases in the first, appeal and cassation instances. However, among the objects of appeal there are also acts of the Judicial Collegium of the Supreme Court, applications to which are possible with complaints against acts of any lower courts, with some restrictions on the decisions of justices of the peace (Article 390.4 of the Civil Procedure Code; Article 291.1 of the Arbitration Procedure Court). In this regard, the supervisory authority must continue to be viewed as the final link in the system of reviewing judicial acts. However, the system for reviewing judicial acts is very contradictory. On the one hand, there are a number of strict rules that cut off certain types of judicial acts from appeal; filtering complaints in the second cassation and supervision; establishing special rules for the jurisdiction of complaints. On the other hand, it is possible not to comply with these strict rules and directly contact the Chairman of the Supreme Court of the Russian Federation.This extraordinary power of the Chairman of the Supreme Court of the Russian Federation has been preserved, precisely because the Russian legislator firmly and consistently adheres to the conviction that it is necessary to leave at least one official who is not a party to the case the right to initiate an audit of a judicial act.Conclusions. The extraordinary powers of the Chairman of the Supreme Court are of an extra-procedural nature, at best they are based on the rules of record keeping (instead of the law), are selective and opaque.

THE SPECIFIC OF HIERARCHICAL COLLISIONS RESOLUTION IN RUSSIAN LAW

Статья посвящена рассмотрению особенностей и формулированию практических рекомендаций по разрешению иерархических юридических коллизий в российском праве. Автор статьи предлагает трактовать иерархическую (субординационную) юридическую коллизию расширительно: не только как противоречие между двумя или более нормативно-правовыми актами, но и как возможное противоречие между правовыми актами разных типов, включая правоприменительные (индивидуальные) и интерпретационные акты. Подчеркивается, что базовым правилом разрешения любой иерархической юридической коллизии должно быть правило юридической силы. В то же время в настоящий момент в российском праве нормы, определяющие данное понятие, а равно устанавливающие четкие механизмы преодоления юридических коллизий, включая иерархические, отсутствуют. Под юридической силой предлагается понимать особое свойство правовых актов, благодаря наличию которого данные акты формируют иерархию, и нижестоящие акты вышестоящим противоречить не могут. Выдвигается тезис о том, что не типичные иерархические коллизии в праве (коллизии между нормативно-правовым актом, с одной стороны, и правоприменительным или интерпретационным актом, с другой, а равно несколькими правоприменительными и (или) интерпретационными актами между собой) как разновидность иерархической юридической коллизии должны разрешаться с обязательным использованием правила юридической силы. То есть акты нормативного толкования и правоприменения должны быть приравнены по юридической силе к интерпретируемым и применяемым актам. Именно такой путь позволит избежать остановок в работе механизма реализации права, которых, как известно, современное правовое государство позволить себе не может. The article is devoted to the consideration of the features and the development of practical recommendations for resolving hierarchical legal collisions in Russian law. The author of the article proposes to interpret the hierarchical legal collision broadly, not only as a contradiction between regulatory legal acts, but also as a possible contradiction between legal acts of different types. It is emphasized that the basic rule for resolving any hierarchical legal collision should be the rule of legal force. However, at the moment in Russian law there are no norms defining this concept, as well as establishing clear mechanisms for overcoming legal conflicts, including hierarchical ones. It is proposed to understand legal force as a special property of legal acts, due to the presence of which these acts form a hierarchy, and lower-level acts cannot contradict higher-level ones. The thesis is put forward that non-typical hierarchical collisions in law should also be resolved with the obligatory use of the rule of legal force. This means that the acts of normative interpretation and law enforcement should be equated in legal force with the interpreted and applied acts. This is the way to avoid stoppages in the work of the mechanism for the implementation of the law, which, as you know, the modern constitutional state cannot afford.

Procedural modeling buildings for finite element method simulation

Finite element methods for heat simulation at urban scale require mesh-volume models, where the meshing process requires a special attention in order to satisfy FEM requirements. In this paper we propose a procedural volume modeling approach for automatic creation of mesh-volume buildings, which are suitable for FEM simulations at urban scale. We develop a basic rule-set library and a building generation procedure that guarantee conforming meshes. In this way, urban models can be easily built for energy analysis. Our test-case shows a street created with building prototypes that fulfill all the requirements for being loaded in a FEM numerical platform such as Cast3M (www-cast3m.cea.fr).

Properties of constitutional principles

The subject. The article is devoted to the study of the trinity of properties of constitutional principles.The purpose of the article is to confirm the hypothesis that constitutional principles, often perceived by researchers and law enforcement officials as abstract norms with declarative content, are in fact full-fledged legal institutions that are endowed with all the necessary properties to achieve constitutional goals. In this regard, the article analyzes the property of axiomaticity, the property of presumptivity and the property of fictitiousness of constitutional principles.The methodology. The systemic-structural, comparative, formal-legal and formal-logical methods made it possible to identify and characterize the properties of constitutional principles, such as axiomaticity, presumptivity and fictitiousness. The use of these methods in their combination predetermined the appeal not only to topical problems of constitutional law, but also to issues of the theory of law, as well as other branches of law, which made it possible to most objectively and comprehensively approach the study of the properties of constitutional principles.The main results of the research. The trinity of the properties of the constitutional principle lies in the fact that the constitutional principle formulates the basic rule and determines the direction of development of the legal system and thereby has the property of axiomaticity. At the same time, the constitutional principle has the property of presumptivity due to the duty of the law enforcement officer to proceed from the assumption of compliance with the provisions of such a principle by all subjects of legal relations. Thereby constitutional principle ensures the necessary stability of the legal system of the state. At the same time, in order to achieve full-fledged stability of the legal system, along with the assumption that the subjects of legal relations comply with the provisions of the constitutional principles, it should be possible to monitor such compliance. In the absence of prior control over compliance with the provisions of the law, the solution is the application of legal presumptions. In this regard, within the framework of the presumptive property of constitutional principles, constitutional presumptions are inextricably linked with the corresponding constitutional principles. In turn, having the property of fictitiousness, the constitutional principle allows to interpret the provisions that make up such a constitutional principle and, as a result, create the necessary regulatory legal framework.Conclusions. Constitutional principles are the driving force of the legal system. They fill all legal relations without exception with legal meaning and content and have a special meaning due to their irreplaceability and the obligation to strictly observe them. In turn, the trinity of properties of the constitutional principles reflects their legal essence as fundamental normative provisions that determine the generally binding basic rules and directions of the development of the legal system, ensure the stability of the legal system of the state, and also have the possibility of timely development and adaptation to the changing legal reality.

A COMPARATIVE CROSS- SECTIONAL STUDY BETWEEN THE USE OF VERTICAL AND HORIZONTAL SKIN INCISIONS DURING UMBILICAL AND PARAUMBILICAL HERNIA REPAIR IN A TERTIARY CARE HOSPITAL

One of the most underrated aspects of surgical procedure is the very placement of skin incisions. Several factors inuence the post-operative morbidity, outcome and satisfaction of a patient. One such being the very placement of a skin incision by the surgeon. Even though the trend nowadays is to opt for laparoscopic and mini-incision surgery, the rst and basic rule in surgery is to have an incision that will be comfortable for the surgeon and provide adequate access to the area of pathology. The purpose of this study is to compare vertical and horizontal skin incisions during umbilical and paraumbilical hernia repair that makes the surgical technique and post-operative outcome much more favorable. In this study, we compare the intraoperative difculty, post operative wound healing and morbidity between these two techniques.

6. Special duty problems: economic loss

This chapter deals with negligence that causes only economic loss. The basic rule is that a person may sue for economic loss which is consequent on physical loss which that person has suffered, but may not if they have only suffered economic loss by itself. There may be exceptions to this rule where there is sufficient proximity between the parties, and one element in this may be reliance by the one on the other. Though there is a general rule that no liability can arise in respect of ‘pure’ economic losses, there is also a broader exception that can arise when such loss happens as a result of a statement being made (rather than an act done), developed from the famous case of Hedley Byrne v Heller.

15. The Priority Triangle

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter addresses the question of when C can have a defence to B’s pre-existing property right. It thus covers the basic principles that apply when answering the priority question. It examines how a court determines which of two competing property rights arose first. It also examines exceptions to the basic rule, acknowledged by s 28 of the Land Registration Act 2002 that B’s property right, where it arises before C’s property right, will take priority.

MULTICULTURAL AND ITS REFLECTION IN THE INTERIOR SPACES

The artist of the twentieth century does not have any specific basic rule for multidimensional composition. The freedom to use style, material, and technique with influential references and borrowings from neighboring arts, which enters into the machine of the artist's creative imagination and experience to create a visual achievement; It defines the training map that organizes work. Art today demands renewal, diversity and rapid transformation and the use of all available resources to create works of art that live up to the aspirations of the era of modernity and beyond. "With the multiplicity and complexity of the dimensions, the matter becomes more difficult, and it becomes difficult to keep all of those different dimensions combined together at the same time.

Ideas for improving mathematics teaching in fourth grade of primary school by using the mathematical software GeoGebra

In the paper studying some spatial geometric figures in 4th grade mathematics education is explored. To do this the possibilities of GeoGebra are used. For each of the figures – rectangular parallelepiped, cube, pyramid, cylinder, cone, sphere, drawings are given in order to illustrate the geometric figure as well as to ensure following the basic rule in learning and understanding mathematical concepts – varying the insignificant properties of the concept to make its significant ones stand out.

THE RULE OF LAW AND THE LIMITS OF ANARCHY

Anarchy is often contrasted with law, order, or security. But anarchist societies, by which I mean societies that lack a monopoly of coercive force, need not be lawless. They can develop sophisticated legal systems that regulate the behavior of their members and protect their rights. International law, market anarchism, and other models of anarchism such as the one proposed by Chandran Kukathas already exhibit or could plausibly exhibit complex legal rules and institutions. I will show that insofar as these models rely on consent, they all share similar structural flaws, namely, that they cannot meet basic rule-of-law values such as equality before the law and access to legal remedies for wrongs that embody and respect individual moral equality, even minimally conceived. The implication of this argument is not to vindicate state-based legal systems. Rather it is to show that legal systems, state-based or not, must have a strong nonconsensual, coercive element: the process of making, applying, and enforcing law must, to some extent, be severed from consent if law is to perform its function of providing for minimal justice.