Civil Law Issues Research Articles

Mediating Disputes in the Barangays: The Work World of Lupon Chiefs

Conflicts are resolved when destructive behavior is reduced, and hostile attitudes are reduced. Accordingly, dispute management can be directed towards dispute resolution. Disputes among communities are necessarily part of human conditions. The court's role was to settle disputes concerning the two opposing parties' rights and interests, suitability, and judgment. However, in most countries worldwide, the court system has become overpopulated in the twentieth century, especially in civil litigation or civil law issues. This correctional system occurs within a setting known as the barangay justice system. It reflects a formal recognition of historical dispute resolution and socialization practices. In the Philippines, minor disputes and criminal offenses are required to be "amicably settled" by the barangay leader or captain without the presence of lawyers (Metillo et al., 2022). This study explored the experiences of the Chiefs of Lupong Tagapamayapa in barangay justice administration in the coastal areas of Northern Iloilo, Philippines, through a qualitative research method. The informants of this study were the selected ten (10) chiefs of the Lupong Tagapamayapa. All participants were subjected to an individual in-depth interview. The findings of this study are described in emergent themes. Six (6) emergent themes described the positive and negative experiences of the participants in barangay justice administration. For the positive experiences, three (3) emergent themes were developed, namely Personal Satisfaction from Resolving Conflicts, Influence on Community Peace, and Resolution and Avoidance of Legal Proceedings. For the negative experiences, three (3) emergent themes were also developed, to wit: Frustration with Unresolved Conflicts, Legal Impediments and Personal Limitations, and Non-compliance and Lack of Cooperation. Meanwhile, three (3) emergent themes were formulated to explain how the participants address the challenges encountered by the informants in the administration of the barangay justice, namely: Further Assessment and Understanding of Issues, Seeking Legal Guidance with the Higher Authorities, and Psychological Strategies and Personal Involvement. Finally, three (3) emergent themes were created to express the aspirations of the participants to enhance the quality of services they provided in the barangay justice system, to wit: Continuous Learning and Personal Development, Embodying Integrity and Leading by Example, and Provision of Compensation and Incentives. Based on the emergent themes identified, it is recommended that the Katarungang Pambarangay system be rendered more effective, equitable, and efficient by implementing the requisite training and development programs for its chiefs and members.

Reception of Roman Private Law in Ukrainian Civil Law as Confirmation of Belonging to the European Legal Family

The article is devoted to current issues of civil law, as well as Roman private law in Ukraine. The purpose of the article is to trace the influence of Roman private law on the development of civil law. In the course of the research, a number of general scientific and special methods of cognition were used, including: historical, dialectical, comparative-legal, logical analysis, formal-legal and other methods. Our legal culture has received Roman law, which became the basis for civil law and is still reflected in modern Ukrainian legislation. In the course of the study, it was established that the Civil Code of Ukraine contains articles that are evidence of both direct and indirect reception. Direct reception occurs when the ideas and provisions of Roman private law are transmitted directly from the primary sources of Ancient Roman law. Indirect (derivative) reception occurred when Roman legal ideas and legal solutions were borrowed not directly from primary sources, but through those legal systems where reception had occurred earlier. That is, indirect reception is the perception of the law of other states where this process has already taken place, and not directly through the primary source. We can affirm the successful reception of Roman law in Ukraine through the basic principles of law, moral and social values, which became the basis of the legal provisions of Roman law and the achievements of human social culture. Therefore, the achievements of Roman law are not only in the formation of civil law in Ukraine, but also in the ability to expand legal thinking and respect for law as a value and the main achievement of society. It can be unequivocally stated that civil law, being part of the Romano-Germanic legal system, is a reproduction of Roman private law, which on the one hand, through centuries-old transformation, has acquired a corresponding theoretical content and remains unchanged and relevant to this day. The conclusions obtained during the study of the influence of Roman private law on the development of civil law as a whole develop both the theory of civil law and the philosophy of law and serve as a subject for further research on the genesis of civil law institutions, the origin and essence of most legal norms in Ukrainian civil law.

The Content of the Right in the Civil Law

Determining the content of the civil right and its main features is one of the most important issues of civil law. The aim of the research is firstly to critically analyze the theories about a right, and then determine the content of the civil right and its features. We will try to throw light on the methodological foundations of civil rights and the relationship between its legal and factual origins.
 Clarifying the issue is important to define the legal nature of civil rights and make out what a subject can protect, where the actual opportunity of a person ends, and from which moment it acquires a legal form. Accordingly, the topic is engrossing from the perspective of legal protection of interests of a subject which provides it with more practical significance.
 The research has revealed that theories of rights are flawed and cannot explain the legal nature of rights individually. Therefore, a right should not be reduced to only one component recognized by either one or the other theory. It is appropriate to consider a right in close relation to a duty and distinguish it from the actual possibility. A civil right is studied as an opportunity provided by civil law to perform an action that can be based on both law and contract. This is especially noteworthy within the framework of the principle of ‘’Everything that is not prohibited is permitted’’. Accordingly, the scope of the concept of civil rights should be much wider than the content of public rights.

PELAKSANAAN EKSEKUSI HAK TANGGUNGAN SEBAGAI JAMINAN KREDIT STUDI PUTUSAN PENGADILAN NEGERI WONOSOBO

Execution of mortgage objects is included in civil law issues. The implementation of the execution of the mortgage object has been regulated in Chapter V in Law Number 4 of 1996 concerning Mortgage Rights. This paper basically aims at academics who have an interest in civil law issues, namely the execution of mortgage objects. It is hoped that this paper will be able to provide a real picture of how the execution of mortgage objects as collateral for credit is carried out through the Class I B Wonosobo District Court and whether the implementation is in accordance with the provisions in force in Indonesia. This paper uses normative and empirical juridical research methods, namely the study of laws and regulations related to the problem, and field research to obtain information as supporting material which is then analyzed qualitatively. From the author's analysis it was found that the implementation of the execution of the mortgage object as collateral for credit through the Class I B Wonosobo District Court had been carried out properly by law enforcement and was in accordance with the provisions in force in Indonesia. 
 Keywords: Execution of Mortgage Rights, Creditors, Debtors.

A Crypto Loan: Problems of Legal Qualification

The author considers the concept of «digital money». The paper analyzes the legal nature of various types of digital currency. Special attention is paid to the civil law regime of the cryptocurrency and the peculiarities of its property turnover in an information system using blockchain technologies. The paper examines the following complex debatable issues of civil law: 1. possibility of applying provisions on obligations to digital relations; 2. problems of protecting the rights of digital money holders; 3. enforcing restitution in the digital environment. The paper analyzes the design of a crypto loan using a centralized Binance Loan exchange. The author concludes that the actual algorithm for lending cryptocurrencies is similar to the mechanism of traditional transfer of things determined by generic characteristics applied to a loan. The conclusion is reasoned that such legal concepts as «transaction», «legal relationship», «obligation» and «contract» can only be applied to the interaction of participants in actual loan relations in the digital environment with a high degree of conditionality. It has been revealed that attempts to qualify cryptocurrency loan relations without taking into account the position of the legislator are premature. Currently, the actual relationship with cryptocurrency is not a legal relationship and it cannot be formalized by civil contracts. The paper determines the tasks the solution of which, according to the author, will serve to settle loan relations in the digital environment. In particular, the issues concerning legislative determination of the civil law regime of digital money, consolidation of digital legal facts, possibility of applying general provisions on obligations to digital relations need immediate resolution. It is proved that in order to guarantee the proper fulfillment of cyber loan obligations, it is necessary to establish rules for the functioning of information systems at the legislative level, to formalize requirements for their operators and determine the responsibility of the latter for the data safety and reliability of transactions.

ACCESS TO JUSTICE

ACCESS TO JUSTICE

Civil law issues of Smart Contracts: Focusing on the DAO case

Civil law issues of Smart Contracts: Focusing on the DAO case

ПРАВОВОЙ РЕЖИМ СМАРТ-КОНТРАКТОВ: КОД ИЛИ ДОГОВОР

Introduction: the article is devoted to the analysis of legal regulation of smart contracts, the concept, content, and scope of their application. The author analyzes in detail foreign expe- rience of using smart contracts and suggests possible options for expanding the application area. The article also has a separate section that looks at smart contracts as compared with traditional institutions of civil law. Smart contracts are expected to find application in almost all areas of life in the future. As is often the case with new technologies, the use of smart con- tracts raises a number of civil law issues. Blockchain technology makes it possible not only to create new means of payment but also to autonomously manage almost any process. It can be used for individual contracts and even for the creation of autonomous decentralized systems. Purpose: to provide an insight into the institution of smart contracts and define their role in civ- il law. Methods: empirical methods of comparison, description, interpretation; theoretical me- thods of formal and dialectical logic; special scientific methods such as the legal-dogmatic me- thod, the methods of interpretation of legal norms and comparative legal research. Results: smart contracts are computer programs that perform legally significant actions according to predetermined algorithms set out in the form of a so-called program code. In practice, they are especially important in connection with the development of blockchain technology or (more generally) distributed ledger technology. Conclusions: the term ‘smart contract’ was defined by Nick Szabo in the 1990s as a sequence of commands represented in digital form, including transaction protocols that execute these agreements. Thus, smart contracts formulate rules and sanctions for agreements and execute them automatically. These are not necessarily contracts in the legal sense, but they are capable of controlling, tracking, and documenting legally signif- icant actions. Smart contracts can also be implemented using traditional, for example, mechan- ical technologies (e.g. in a vending machine). However, blockchain and distributed ledger tech- nologies make it possible to implement incomparably more complex rules and enforcement me- chanisms and offer a decentralized environment with an integrated settlement system. From a legal point of view, smart contracts perform two functions. On the one hand, they serve as a functional equivalent of a contract since their technological code can identify the services to be exchanged as well as the conditions under which they must be provided. Being the normative order of the digital, this code formulates the program of obligations of the parties. It resembles the legal order of a contract, without necessarily coinciding with it. On the other hand, smart contracts serve as a tool for the execution of contracts – by controlling, monitoring, and docu- menting the exchange of services. They can also facilitate the execution of conventional con- tracts by translating their provisions into a technical code, verifying the occurrence of agreed- upon events, and enforcing contracts. Smart contracts are suitable for contractual relation- ships, for example, for processing payments or delivering goods without the participation of the parties and an intermediate step in the form of direct execution. Smart contracts are gaining more and more popularity, especially in the financial sector. In addition to the so-called token economy (cryptocurrencies, ICO, etc.), there are also discussed algorithmic ETFs, online plat- forms for loans or project financing. Another important area of application is sharing economy. From a legal point of view, smart contracts can either be the subject of a contractual agreement or generate it on their own. There is sometimes put forward a thesis under the motto ‘Code is law’ that smart contracts give rise to a largely autonomous legal system and/ or are not subject to applicable law. However, this appears to be an erroneous conclusion

Reasons Why Inflicting Harm is not a Sufficient Indicator of Abuse of the Right

One of the most difficult issues of civil law is the determination of the criteria for abuse of rights prohibited by Article 10 of the Civil Code of the Russian Federation. Among numerous points of view on this issue, the following has become very widespread in judicial practice: an abuse of the right can be established based on the negative consequences that have occurred for third parties as a result of the exercise of the right. Since these consequences are evident, then the exercise of the right constituted an abuse. Substantial support for this approach is provided by the Constitutional Court of the Russian Federation opining that the rule of Art. 10 of the Civil Code of the Russian Federation is aimed at implementing the principle enshrined in Part 3 of Art. 17 of the Constitution of the Russian Federation. Having studied the origins of this point of view and its legal foundations, the author noted a number of inherent shortcomings. In particular, this point of view does not distinguish between inflicting unacceptable harm and admissible actions causing harm to another person; it does not take into account the competition of legal norms; it does not take into account that causing harm prohibited by law is an offense and, therefore, it is not an act of exercising subjective rights. These and other shortcomings of the concept of causing harm, noted by the author of the paper, lead to the conclusion that the feature of “causing harm” in itself is insufficient to qualify the act as an act of abuse of the right and the application of Art. 10 of the Civil Code of the Russian Federation. In addition to the indicated feature, which is a prerequisite for the application of Art. 10 of the Civil Code of the Russian Federation, the court must establish another (key) factor, namely: the fact that, in its opinion, allows to distinguish between legal abuse and other lawful and unlawful phenomena.

Property Rights to Real Estate in the course of the SARS-CoV-2 Virus Pandemic – Revision of Civil Law Issues

The SARS-CoV-2 pandemic and legal acts issued in its course and aimed at limiting its adverse impact have affected, among other, property law. The scope of exercising property rights has become limited, in particular the right to use objects and the efficiency of claims aimed at protecting property rights. The article criticizes the complete ban on conducting evictions in the course of an epidemic hazard status or an epidemic status. The phenomenon of infections has been presented in the context of interactions between real estate (nuisance). Moreover, possibilities have been outlined that originate based on applicable property law with respect to the adaptation to the current epidemic situation, e.g. by establishing quarantine easement or isolation.

Effizienz im Umweltverwaltungsrecht – zur Rolle ökonomischer Analysen des Umweltrechts

Efficiency in Environmental Administrative Law – on the Role of Law and Environmental Economics With respect to economic theory there is a demand for more “efficient” law, especially when it comes to environmental law. The“law and economics” strand of research, however, remains (at least under this rubric) strongly influenced by civil law issues. Against this background, the question arises to what extent the methods and arguments usually applied in the economic analysis of civil law can be transferred to public law. So far, environmental administrative law has not been the subject of a cohesive economic theory, but rather of multiple approaches (here referred to as “economic analyses”) that are rapidly becoming more differentiated. These are applied rather selectively and are often only potential economic analyses because they are suitable and relevant for environmental law but have not yet really been activated in this respect. A full-scale transfer of legal economic concepts from the economic analysis of civil law is certainly not possible. Precisely because of the recognition of this fact, intensive and intensifying efforts have been made in environmental economics for about 50 years to develop an adapted methodological casuistry for (public) environmental issues. These adaptations affect both the understanding of efficiency, the institutions analyzed, as well as the challenges of uncertainty and contextual assurance. The result may not yet be fully convincing as “Law and Environmental Economics”, but a methodological approach to the object of knowledge and its particularities in environmental law cannot be denied. In this regard, “economic analysis” seems to be fruitful and expandable for environmental law without further ado, but in an adapted and specific form. For example, the objection that judicial efficiency control of the administration (and the legislature) is institutionally impossible and materially undesirable (e. g., with respect to the separation of powers) must give way to more differentiated considerations.

Gondolatok a mesterséges intelligencia egyes polgári jogi kérdéseiről

Összefoglaló. A tanulmány kezdő axiómája a mesterséges intelligencia biztonságos alkalmazása. A biztonságos alkalmazás egyik aspektusa a jogi biztonság, az a jogi környezet, amelyben a felmerülő jogi kérdések rendezésére alkalmazható keretrendszer áll rendelkezésre. A tanulmány a Semmelweis Egyetem projektjében fejlesztett mesterséges intelligencia alkalmazásának olyan polgári jogi problémáit vizsgálja, amelyek a mindennapi hasznosítás során merülhetnek fel. A tanulmány következtetése szerint a vizsgált mesterséges intelligencia szerzői műnek minősül és több védelmi forma is alkalmazható. A jogi szabályozás de lege ferenda kiegészítésre szorul a szerzői mű folyamatos változása okán. Szükséges rögzíteni egy referenciapontot, amely a felelősség kiindulópontjául szolgál. Summary. The starting point of the study is the safe use of artificial intelligence. Legal certainty is one aspect of safe usage, the legal environment in which a framework is available that can be used to resolve legal issues. The paper examines the civil law issues that may arise in the everyday use of the artificial intelligence application developed within the Semmelweis University project. The study will first focus on the legal protection of the Semmelweis AI, including whether this protection is currently international, regional (European Union) or national and which of these is the optimal choice. The study also reflects on the legislative preparatory work of the European Union in this regard. Our hypothesis is that the majority of civil law areas concerning AI can be regulated within a contractual framework. The AI software developed by the project is a forward-looking medical and practical solution. If we want to use a legal analogy, we can imagine its operation as if we had a solution that could analyse all the national court decisions in each legal field and provide an answer to the legal problem at hand, while simultaneously learning and applying the latest court decisions every day. For this AI solution, the diagnostic process must be carefully examined in order to identify the legal problems. I believe that the optimal solution is to classify this AI application as ‘software’ because this allows property rights to be acquired in their entirety and it opens the door to clarifying individual associated usage and copyright by contract. An important civil law question arises in relation to parallel copyright protection, when the individual personal contributions (creative development work) to the software cannot be separated. Therefore, it is important to record the process and to separate the individual contributions protecting by copyright. The AI plays a questionable role in the diagnostic process. If the software itself cannot make a decision, but only provides a framework and platform, then it will not be entitled to co-ownership relating to the diagnostic images (e.g. just as a camera will not own the rights to the pictures taken with it). However, if the algorithm is part of the decision-making (e.g. the selecting of negative diagnoses), it would possibly be co-owner of the right, because it was involved in the development of the classification. All this should be clearly stated in the licence agreement, based on full knowledge of the decision-making process. However, de lege ferenda, the legal regime needs to be supplemented in view of the constant changes of the copyright work and the changing authors. There is a need to establish a specific point in the legislation that serves as a reference point for liability and legal protection. The issues under consideration are of a legal security nature, since without precise legal protection both the creator of artificial intelligence and the persons who may be held liable in the event of a malfunctioning of such systems may be uncertain.

CIVIL LAW IN LIGHT OF ACADEMIC AND RESEARCH EXPERIENCE OF THE POLICE ACADEMY IN SZCZYTNO

The ‘civil law’ fi eld, which is part of the curricula of university courses of law and administration, as well as of other courses of many higher education institutions (at both master’s and bachelor’s levels), has also found its place in the curriculum of the Police Academy in Szczytno. The basis of such a solution is the assumption that the knowledge of civil law issues, although it does not belong to the basic ‘tools of work’ of police offi cers and other law enforcers, appears to be useful in some of the positions in the service. Moreover, many civil law concepts occur in the structure of criminal law institutions, and show links with legal regulations relating directly to the tasks of the Police (other services) and the official status of officers. For this reason, they are an inspiring subject matter to be researched and published on, which is done, among others, in the periodicals of the Police Academy in Szczytno.

A COMPARISON OF THE COMMON LAW BASED DUTY WITH ITS CIVIL LAW EQUIVALENT

The article discusses the features of civil law in different countries. The authors studied the origins of the modern tradition of civil law, comparing the legal systems of two European countries. One of the traditional classifications of duties in civil law is analyzed, the conclusion is made about the inappropriateness of the allocation of personal and universal duties. In comparative law, there are many situations where the same legal term has different meanings, or where different legal terms have same legal effect. This confusion most often occurs when civil lawyers have to deal with common law, or vice versa, when common law lawyers deal with civil law issues. While there are many issues which are dealt with in the same way by the civil law and common law systems, there remain also significant differences between these two legal systems related to legal structure, classification, fundamental concepts, terminology, etc. As lawyers know, legal systems in countries around the world generally fall into one of two main categories: common law systems and civil law systems. There are roughly 150 countries that have what can be described as primarily civil law systems, whereas there are about 80 common law countries. The main difference between the two systems is that in common law countries, case law – in the form of published judicial opinions – is of primary importance, whereas in civil law systems, codified statutes predominate.

Common lands within the meaning of the common lands act of 29 june 1963 – selected civil law issues

The article will discuss the general issues related to common land - the term applied in the Common Lands Act of 29 June 1963 and its legal nature. In addition, an attempt will be made to answer the question about an entity that should be disclosed in the second section of the land and mortgage register in the case of real property being a part of the common land. Currently, land and mortgage registers may be established for common land. The question is whether it should be the common land itself or natural and legal persons entitled to hold shares therein, or maybe a company established to manage and develop such a common land. It seems that the legislator itself has been unable to deal with this issue. There are no legal acts where it would indicate directly or indirectly an entity that should be disclosed in the second section of the land and mortgage register as an owner (co-owner).

Class Action Lawsuit on Civil Issues in Indonesia as Common Law Adoption

Regulations in Indonesia country must be fulfilled and adhered to, all the provisions in the form of prohibition, injunction and the sanctions that are in the environment of Indonesian society is hukim countries. So that the actions and deeds led to occur harmonious society without touching the rights of others. In civil law issues include problems between individuals and groups and from group to group and individual to individual, who violated the rights and obligations as a result of an agreement. Expanding the law does not rule out a new legal innovations that can make a person who made a report the other party violated his rights in the absence of a prior agreement to do. This development refers to a class action lawsuit based on some regulatory legislation such as Law - Legal Protection and Environmental Management, Law - Labor Law and the Law - Consumer Protection Act. Class Action Lawsuit become a new breakthrough following the development of the community association in order to avoid gaps in the legal action when there are those who rugikan, nevertheless uses a class action lawsuit is still being done with the procedural provisions of the HIR that is the source of law in civil proceedings. The class action suit or action lawsuit is a legal order that is embraced by the common law system, but countries that use civil law system like Indonesia participate adopt this legal order.

"ПРАВА, ЗА ЯКИМИ СУДИТЬСЯ МАЛОРОСІЙСЬКИЙ НАРОД" 1743 р.: ОСОБЛИВОСТІ ПОБУДОВИ ТА КІЛЬКІСНІ ПОКАЗНИКИ

Ukraine is undergoing complex and ambiguous processes of legal system reforming within which a significant number of normative legal acts were adopted, which in many cases do not take into account the national peculiarities and traditions of the Ukrainian people. In such circumstances, it is necessary to refer to the experience gained during the existence of the Cossack-Hetman state, which was the codification of Ukrainian law resulted in the preparation of "Rights of the Little Russian people" in 1743. This monument of law was to regulate the legal system, to replace a significant number of sources of law and prevent the spread of imperial law. For the first time, the method of quantitative indicators was used to study the ancient monument of law, which included calculations of the number of characters in the whole document, chapters, articles and assessment of the uneven distribution of material. According to the calculations, the largest number of signs falls on Chapter 20 – 126175 or 11,9%, devoted to liability for serious crimes, in second place, Chapter 16, devoted to civil law, contains 83,839 characters, or 7,9%, in third place is Chapter 8, which deals with procedural issues related to litigation, has 83,360 marks, or 7,8% of the total material. These results prove that the authors of the law memo pay considerable attention to the issues of liability for criminal offenses. For the purpose of comparative analysis, similar information on the quantitative indicators of the Statute of the Grand Duchy of Lithuania of 1588 was used, which showed that in this monument of law the largest number of signs is 29,7% of the total number of courts and judiciary. It is shown that both monuments of law have a significant uneven distribution of textual material, and their coefficients of variation are approximately the same. When systematizing the material by branches of law, it was proved that the greatest attention – 33,1% was paid to issues of civil law, the second place is occupied by issues of criminal law, which is 21,6%, the third place is occupied by rules related to procedural law – 17,8%. The obtained quantitative indicators reflect the process of property formation and the need to regulate property relations. The content of the monument also includes such areas as land, administrative, procedural, environmental law. The provisions of the monument affected the decisions made at the Congress in Hlukhov by Cossack officers in December 1763. The rights under which the people of Little Russia are being tried ”in 1743. In general, the value of this study is to quantify this monument of law, which allows moving from descriptive to digital analysis of regulations and identify areas of legal regulation, which the most attention has been paid to.

The rights of juveniles in civil procedure (the 2nd half of the ХІХ century)

The article highlights the contribution of scientists of the Kyiv Law Society to solving the problems of juveniles, their legal personality, as well as the ability to act as an orator or respondent in the civil process. In the essay we made an attempt to determine The legal significance of the concept of legal personality, which consists of such components as: legal capacity, legal competence and delictual capacity under the current Ukrainian legislation. The analysis on legal sources operating on Ukrainian territories in the second half of the nineteenth century was carried out. It showed that all people aged from 14 to 21 were considered to be juveniles, and in turn were divided into two categories by age. In addition, it has been shown that the rights of representatives of different social classes were different, and various additional rules on custody and guardianship which enriched one and limited the rights of others. were constantly issued. This led to the fact that in the early '70s of the XIX century there were about fifteen types of guardianships. It has been noted that the given situation has led to the corresponding difficulties in the regulation of legal relationships, in particular, due to the lack of systematic rules on custodianship and guardianship. It has been shown how the members of the Kyiv Law society raised this issue and tried to initiate its solution at the legislative level. In particular, it has been shown that there wasn’t a general opinion on the matter in the second half of the XIX century. First of all, due to the inconsistency of legal norms in various legal acts. The speeches of the Society members, in which they told about the peculiarities of the current practice on the given issue at that time have been highlighted. From these it has been concluded that the most common was the thought that gave a juvenile a certain independence in the right to sue and answer in court with the permission of the trustee. It has been noted how the inflexibility of the social and legal system hampered the development of civil law, primarily because of the conservative views of the aristocracy regarding the granting of rights and freedoms to other classes of citizens in the country. It has been traced how the development of certain issues of civil law in the activities of Ukrainian scientists led to an increase in the limits of the juvenile legal personality and the current full civil capacity of juveniles in the civil process.

Current state and prospects of development of a civil suit in criminal proceedings

The paper analyzes the current state and prospects of development of the mechanism of compensation of harm in criminal proceedings. It is noted that with a steady trend of growing discontent of the majority of victims with the state’s activities to restore their rights violated because of the crime, the courts properly resolve civil claims in criminal cases. The reasons why article 52 of the Constitution of the Russian Federation remains declarative are revealed. The conclusion about the inadmissibility of expanding the subject and grounds of civil claims in criminal proceedings is substantiated. It is indicated that the foreign practice of compensation for harm to victims, including through the formation of compensation funds, the use of mediation procedures, funds of non-governmental organizations, faces many problems that remain unresolved. In this regard, it is proposed to use only the institutions of restitution and voluntary compensation of harm in the criminal process, actively using the possibilities of pre-trial stages, as well as to consider claims that clearly arise from the substance of the criminal law dispute and (or) recognized by civil defendants. The remaining civil law issues directly or indirectly related to the committed or impending crime should be resolved in civil proceedings, where the burden of proof of the asserted claims is placed on the person recognized as the victim in the criminal case, his heir or representative. An important role is given to the improvement of the system of execution of court decisions, including through the development of programs based on the achievements of modern digital technologies.

Criteria of Risk Distribution in Contractual Obligations

One of the topical issues of civil law is risk distribution in contractual obligation, as in the process of execution of a contract there may arise the circumstances that – against the parties’ will – cause violation of the obligation and make execution of the contract impossible or very difficult. Thus, there’s a necessity for common criteria of distribution of contractual risks that allow preventing the appearance of unfavorable consequences or compensating them with less cost. These criteria could be called criteria of economic expedience.