Nature Of Dispositions Research Articles

The concept of “legacy” in the inheritance law of Ukraine

It is indicated that one of the manifestations of the dispositive nature of inheritance law is the legal possibility of establishing a testamentary waiver, enshrined in Article 1237 of the Civil Code of Ukraine, which is the embodiment of the freedom of will. The norms of inheritance law began to develop actively in the times of Ancient Rome. At each stage of development, the content of inheritance law underwent certain formations and transformations that were associated with the development of the state, especially its social and economic sphere. Although at all stages the basis remained property succession. A feature of Roman inheritance law is that it developed in parallel with the institution of property and family, because it had a family character due to the all-encompassing and absolute power of the father. This means that property was preserved within the boundaries of one family, one clan. If we turn to modern inheritance law, we see a significant similarity. Thus, modern inheritance law also ensures and protects the transfer of property from the deceased to his legal successor. These norms are enshrined in the Civil Code of Ukraine, and some provisions are also contained in other regulatory acts – for example, in the Law of Ukraine “On Notaries”. Along with inheritance by law and will, in Roman law there was singular succession, that is, granting a person certain rights without imposing obligations on him. It existed in two forms: legate and fideicomis. Let us consider in more detail the term “legate” in the inheritance law of Ukraine. A legacy is a testamentary refusal, a gratuitous testamentary disposition of the testator, which was made in a will, regarding the provision of certain sums of money or things to the heirs to a specific person, on the basis of which a singular inheritance arose. Whereas, a fideicomis is an informal legacy, an oral or written disposition of the testator’s last will, through which he obliges the testator on his word of honor to give the inheritance or its share to a third person. In ancient Rome, a person had the right to refuse to accept an inheritance, a similar provision exists in modern inheritance law.

Problematic aspects of judicial powers to determine the civil remedy in light of the case-law of the Supreme Court of Ukraine

In the light of the purpose of civil justice to provide effective protection of violated rights and taking into account the duty assigned to Ukrainian courts to assist parties in exercising their rights (while maintaining the objectivity and impartiality of the court), the court according to the principle ‘the court knows the law’, must not only independently determine the nature of dispute and the law that is to be applied to establish the rights and obligations of the participants, but also bring the claims of a lawsuit (the remedy) into line with the understanding established in judicial practice of the appropriate method of defense from the point of view of the ability to ensure the restoration of the plaintiff’s rights as fully and quickly as possible and within the limits of the result (legal consequences in the form of emergence, change or termination of legal relations), for the achievement of which the plaintiff appealed to the court. Refusal of a lawsuit due to the incorrect wording of its subject matter is a manifestation of excessive formalism, and it also leads, contrary to procedural economy, to an artificial duplication of legal proceedings regarding the same legal dispute, without any positive effect, due to which such an approach is incompatible with the purpose of civil proceedings and should not be allowed. The wording of claims, which are based on certain methods of protection, are constituent elements of the legal aspect of the claim, due to which they are quite naturally covered by the scope of the principle ‘the court knows the law’. At the same time, the proactive intervention of the court with the claims defined by the plaintiff must be accompanied by its procedural actions and decisions in order to comply with the principles of objectivity and impartiality of the court, the dispositive nature of civil proceedings and the adversarial nature of its parties. Among other things, the defendant must be provided with the opportunity to submit explanations and evidence in connection with the change (correction) of the subject of the lawsuit by the court, about which the court must notify the parties in the case in advance during the preparatory proceedings or consideration of the case on the merits. For a more predictable application of the principle ‘the court knows the laws’ in all its aspects, including its specific requirements, grounds and methods of its application, should be regulated in the procedural law.

Ugovorna odstupanja zakonom uređenih nekih prava članova privrednih društava na dispozitivan način od principa srazmernosti kapital učešća u kompanijskom pravu

The diversity of legal forms of companies and their legal nature determines the different approach of a legislator to the regulation of rights of those company members. Nevertheless, the dominant determination related to organization of the form of partnerships (general partnership and limited partnership) is dispositive nature of the regulation, which enables those company members to deviate from these rules in the organization of company rights in the constitutive acts, of their own free will, and to adapt them to their interests (deviation from the proportionality principle of share in the company right). The same applies to a good extent to a limited liability company, although it is of mixed legal nature of both partnership and corporation. On the other hand, the regulation of joint stock companies (especially open – public and mostly of those closed – non-public) is mostly mandatory, reducing party autonomy in regulating the rights of shareholders to the maximum possible extent down to the level of exception. This paper discusses the issue of possible limits to party autonomy of members of partnerships, as well as members of limited liability companies, in regulating some management, property, and special rights, such as the clauses created by the so-called good business practice (leonine clauses). In addition to that, considering that constitutive acts of companies and limited liability companies are also of contractual nature (which is exclusive at the moment of establishment), along with dispositive legal basis, the consideration is taken related to the question of the application of some general institutes of the contract law in the field of limiting the principle of freedom of contract, such as public order, good (business) customs, conscientiousness and honesty, abuse of rights, creation and exploitation of a monopoly in the market, equivalence of performance, equality of contracting parties, duty of care, etc. Finally, despite the identical nature of constitutive acts of the joint-stock company, given that they have a dominantly mandatory legal basis, which narrows or excludes the freedom of contract in the regulation of some rights of shareholders in the company, the issue of special legal institutes is also considered enriching the lack or narrowing of the freedom of contract of shareholders with special legal institutes which, by the will of the law (to a lesser extent by the free will of the company shareholders – e.g. voting contracts, special shareholder benefits) adapt this form of a company to the interests of shareholders (while preserving the principle of equal treatment of shareholders or equal treatment of shareholders of the same class).

The classification of the legal customs of the Ukrainian people: Historical-legal aspect

The article is devoted to the issues of analysing the legal significance of Ukrainian customs through the prism of various criteria which are not exhaustive but contributed to the systematization of knowledge about the Ukrainian customary law. In particular, the following criteria for the classification of legal customs are proposed: compliance with the legislation, the origin, nature of disposition, territorial distribution, sphere of legal regulation. The historical significance of legal customs based on the legal out- look of the Ukrainian people is revealed.

중앙노동위원회의 재심판정에 대한 취소소송의 가구제

Whether it is an individual labor relationship or a collective labor-management relationship, these disputes have a civil legal nature, so they naturally fall under the realm of civil procedures. However, the Labor Relations Commission was established to provide quick and simple rights relief, and since the decisions of the Labor Relations Commission were in the nature of disposition, ultimately, lawsuits filed through the Labor Relations Commission fell under the Administrative Suit. Accordingly, Revocation Litigation for the National Labor Relations Commission's decision on review is formally an administrative suit that contests the illegality of the Labor Relations Commission's decision, and the Administrative Litigation Act is applied. However, in reality, it has a very unique structure in which labor law is applied in that it deals with legal disputes between workers (or trade unions) and employers. Meanwhile, under the current law, there is no system that guarantees the legal status of the plaintiff not only at the Labor Relations Commission stage but also at the Administrative Suit stage. Accordingly, cases where Provisiona relief is possible when filed through a civil procedure become impossible when filed through an Administrative Suit, making the legal status of workers unstable. Additionally, it is very difficult to meet the requirements for Suspension of Execution, which is Provisiona relief under the Administrative Litigation Act, and even if the requirements are met, there is usually no benefit in applying for Suspension of Execution for disposition of refusal. And with regard to provisional disposition, the Supreme Court does not allow provisional disposition in Revocation Litigation on the grounds that there is no provision for provisional disposition in the Administrative Litigation Act. Therefore, if a worker who has been unfairly dismissed by an employer disputes the validity of the dismissal with an Administrative Suit or files a lawsuit to confirm employee status, he or she can apply for provisional disposition. However, the reality is that if you go through the Labor Relations Commission and file a Revocation Litigation for the National Labor Relations Commission's decision on review with the Administrative Suit, you cannot apply for any Provisiona relief. Our Constitution recognizes the people's right to seek trial as one of their fundamental rights. This means that appropriate rights relief must be provided through trial to citizens whose rights have been violated, and that appropriate rights relief is provided means that the conclusion desired by the plaintiff must be reached at the desired ‘time.’ Therefore, even if an Administrative Suit is filed against an employer's unfair dismissal or unfair labor practice, Provisiona relief should be granted just as in the case of filing a Civil Procedure. Specifically, a worker or employer can apply for Suspension of Execution in Revocation Litigation for the National Labor Relations Commission's decision on review. Regarding Provisional Disposition, unfair dismissal relief Revocation Litigation can use Provisional Disposition for payment of wages, Provisional Disposition for preservation of worker status, Provisional Disposition for prohibition of work interference, Provisional Disposition for suspension of effect for disadvantageous disposition, etc. In unfair labor practice relief Revocation Litigation, it is possible to use provisional disposition for collective bargaining compliance, provisional disposition for exclusion of interference with violation of right to organize, and provisional disposition for workplace lockout.

Far from the (Conservative) tree? Sexuality and intergenerational partisan preferences

ABSTRACT A rich pedigree in political sociology establishes the intergenerational nature of political dispositions. In this paper, I present a theoretical argument positing that the acquisition of non-hereditary social identities, such as those related to sexual orientation, can disrupt this intergenerational transmission. Leveraging data from the British Election study, I find that lesbian, gay, and bisexual (LGB) individuals, particularly those who from Conservative-voting homes, are significantly more likely to break away from the partisan attachments transmitted by the symmetrically partisan households of their heterosexual peers. These findings have implications for theories regarding the intergenerational transmission of political dispositions and signals that LGB individuals, who seek out socialisation experiences beyond those of shared social and structural equivalence with their family and local ecology, are more inclined to form political attachments independently of their parents.

A brief, multiple-choice assessment of mature number sense is strongly correlated with more resource-intensive measures

Students who exhibit mature number sense make sense of numbers and operations, use reasoning to notice patterns, and flexibly choose effective problem-solving strategies (McIntosh et al., 1997, https://ro.ecu.edu.au/ecuworks/6819). Due to its dispositional nature, mature number sense is typically measured through in-depth interviews or tests of strategy usage. Yet, the lack of an efficient, rigorously developed measure has made it difficult to collect systematic, replicable evidence on students’ mature number sense. To address this, we developed a brief assessment of mature number sense. The present study provides additional convergent evidence of validity for this measure with US students in grades 3-8 (8–14 years old). We compared middle school (N = 40) and upper elementary school (N = 41) scores from the brief assessment with an established, time-intensive measure (Yang, 2019, https://doi.org/10.1007/s10649-018-9874-8) and an in-depth interview of student strategy usage (Markovits & Sowder, 1994, https://doi.org/10.2307/749290). We found strong correlations (r > 0.7) across all three measures, and this held even when controlling for students’ arithmetic scores (pr > 0.6). Researchers and educators can now use the brief assessment to investigate students’ mathematical thinking and advance knowledge of a key aspect of mathematical cognition.

Retroactivity in the law of treaties

Problem setting. One of the most ambiguous issues in the law of treaties is retroactivity of international treaties. The principle of non-retroactivity of legal norms is recognized both in national legal systems and in international law. This principle is codified in the Vienna Convention on the Law of Treaties, which states that a treaty, unless a different intention appears from the treaty or is otherwise established, does not have retroactive effect. The dispositive nature of this norm causes difficulties, which makes it necessary to study this issue in order to determine the prerequisites for the retroactivity of international treaties and to analyze practice in this area. Analysis of recent researches and publications. Scholars such as O.V. Pushnyak, I.I. Lukashuk, R.A. Kalamkaryan have studied this issue. However, there is the need for further study of this issue due to the dispositive nature of the provisions on the non-retroactivity of an international treaties, which gives states the right to act at their own discretion, thereby causing uncertainty in this matter. Purpose of research is to determine the grounds in the presence of which international treaty may have retroactive effect; examine the practice of international tribunals on this matter. Article`s main body. This study examines history of the principle of non-retroactivity of legal norms and its codification in the Vienna Convention on the Law of Treaties. Provisions of article 28 of forecited Convention are precisely analyzed. Meaning of the terms “act”, “fact” and “situation” is set. Three main grounds in the presence of which Attention is given to the examination of the Convention on the Prevention and Punishment of the Crime of Genocide and its retroactivity. Practice of international tribunals on this matter is examined. Conclusions and prospects for the development. According to the general rule, which is codified in the provisions of article 28 of the Vienna Convention on the Law of Treaties, treaties do not have retroactive effect. However, given the dispositive nature of this norm, issue of the retroactivity of this or that international treaty should be studied separately. For this purpose tribunal must in each case analyze in detail both the action/fact/situation to which treaty should be applied, as well as the treaty itself, in order to decide whether the retroactivity of the treaty is expressly formulated in its provisions, results from the interpretation of a treaty or emanates from the nature of the treaty

Publichnyi dohovir u merezhi «Internet» ta novely zakonodavstva pro tsyfrovyi kontent

The article examines the peculiarities of a public contract on the Internet. This is a type of legal relationship in the digital environment. It has been proven that some of the contracts on the Internet are public. If contracts on the Internet contain signs of a public contract, the rules on a public contract apply to them. Currently, there is no comprehensive list of public contracts in the Civil Code of Ukraine. This allows the application of legal norms to public contracts on the Internet. This is facilitated by the dispositive nature of civil law norms. It was concluded that the Internet is only a form of legal relations that exist in civil law. These legal relations are property or personal non-property. They take place in a digital environment. The Internet is a kind of digital form of legal relations, among which there are civil ones. Peculiarities of smart contracts have been studied. Some of them are characterized by public contracts. For example, a contract on registration on an Internet platform is public. Here, one party is the consumer, who receives the rights granted by the Internet platform. The second party is an entrepreneur who owns the rights to the Internet platform. Some smart contracts are not public contracts. For example, those that are arranged inside the Internet platform. In particular, this is a contract for the sale of NFTs. It is proposed to supplement the Civil Code of Ukraine. It is necessary to add provisions on smart contracts to it. These norms should be contained in the general provisions of the contract. Internet platforms for the sale of goods can mediate in the settlement of the dispute. They contribute to establishing contact and dialogue between the parties. This contributes to the protection of consumer

2021 Annual Report of the Kansas Poison Control Center at The University of Kansas Health System.

This is the 2021 Annual Report of the Kansas Poison Control Center (KSPCC) at The University of Kansas Health System. The KSPCC serves the state of Kansas 24-hours a day, 365 days a year with certified specialists in poison information and clinical and medical toxicologists. Encounters reported to the KSPCC from January 1, 2021 through December 31, 2021 were analyzed. Data recorded includes caller demographics, exposure substance, nature and route of exposure, interventions, medical outcome, disposition, and location of care. The KSPCC logged 18,253 total encounters in 2021, including calls from every county in Kansas. A majority of human exposure cases (53.6%) were female. Approximately 59.8% were pediatric exposures (defined as 19 years of age or less). Most encounters occurred at a residence (91.7%) and most were managed there (70.5%). Unintentional exposures were the most common reason for exposures (70.5%). The most common reported substance in pediatric encounters was household cleaning products (n = 815) and cosmetics/personal care products (n = 735). For adult encounters, analgesics (n = 1,241) and sedative/ hypnotics/antipsychotics (n = 1,013) were the most frequently reported. Medical outcomes were 26.0% no effect, 22.4% minor effect, 10.7% moderate effect, and 2.7% major effects. There were 22 deaths. The 2021 KSPCC annual report demonstrated that cases were received from the entire state of Kansas. Pediatric exposures remained most common but cases with serious outcomes continued to increase. This report supported the continued value of the KSPCC to both public and health care providers in the state of Kansas.

Masking, extrinsicness, and the nature of dispositions: the role of niche signals in muscle stem cells

I investigate the intrinsic/extrinsic nature of stemness in muscle stem cells (MSC) by relying on recent research on quiescence, with the aim of shedding light on the nature of dispositions and deriving some consequences about stem cells. First, I argue why the study of quiescence is the best available way to establish any claim about the intrinsicness/extrinsicness of stemness at least is some stem cells. Drawing on that, I argue that MSC’s stem capacities result from the combination of intrinsic cues plus extrinsic factors from the stem cell niche, making stemness an extrinsic disposition in MSC. Importantly, it is shown that the niche allows the instantiation of stemness in MSC by acting as a masker of its manifestation. This shows that stemness is, at least in MSC, what I call an extrinsically structurally masked disposition (SMD); that is, a disposition whose instantiation requires, as a condition of possibility, the interaction between the bearer and a masker. Finally, I conclude by suggesting some potential consequences of this observation for the philosophical study of dispositions and for stem cell research.

The civil Nature of public-private Partnership Agreements

The subject of the research is the legislation and law enforcement practice regarding the legal nature of the public-private partnership agreement and the concession agreement. The authors intend to prove the civil law nature of these agreements; therefore, they review dominant theories on the relevant issue in the doctrine of legal science. The first group of scientists refers these agreements to private-public contracts, the second - to administrative, the third - to private law. The analysis of the legislation confirms the validity of the third group’s point of view. The paper also examines the practice of judicial and administrative authorities, which testifies to the dispositive nature of legal relations arising between private and public partners.

Implementation of the principle of competition in administrative proceedings when using information technologies

The article is devoted to the study of the application of information and communication technologies in the context of ensuring the principle of competitiveness in administrative proceedings. The normative legal acts of the current legislation analyzed from the point of view of the requirements of the European Court of Human Rights regarding the provision of the principle of competition in administrative proceedings. To reveal the role of information technologies, general philosophical and special research methods of legal phenomena are applied. The relevance of the study is determined by the need to use information technologies, which allows to increase the efficiency of administrative proceedings, since this form of exercise of judicial power is designed to actively influence public-legal relations and protect the rights and interests of individuals and legal entities in the field of public legal relations. The use of information and communication technologies at the stages of filing a subpoena, presenting evidence and other information on the essence of an administrative claim is considered. The possibility of using an electronic form gives rise to the dispositive nature of the choice of the form of appeal to the court. The choice of legal remedy depends on the behavior of the plaintiff and the goal of obtaining access to justice. It is noted that the stage of preparing the case for trial requires active interaction between the parties and the court. The universality of the stage is characteristic for administrative cases of all categories, and the functionality is in ensuring the adversarial basis of the formation of the evidence base for the trial, where the behavioral direction of the adversarial principle manifested. It indicated that in a judicial proceeding regarding adversariality, the procedural actions of the parties are aimed at proving the position, which is manifested in the collection and presentation of evidence, which is an important competition technique for the parties. The technical means of implementing the principle of competitiveness and technological solutions provide for the open activity of the court to create an environment of trust, conscientious activity of the parties in the use of information technologies and submission of reliable evidence in electronic form.

APPLICATION OF THE PRESUMPTION OF GOOD FAITH IN CIVIL PROCEDURAL LAW, LEGAL PROCEEDINGS AND NOTARIES

The universality of one of the fundamental presumptions – good faith – should be explored in various fields of law. The relevance of this study is as follows: at the ideological and philosophical level – overcoming the separation of branches of law and creating an understanding of law as a whole, at the practical level – improving the legal system and clarifying the features of this presumption in regulating different groups of legal relations. Based on the presumption of good faith, any behavior is regarded as positive, so the very fact of harm is regarded (presumed) automatically as dishonest behavior. The presumption of good faith, which is enshrined as a basic principle of civil law, also manifests itself in other branches of law – civil procedural law, in criminal law and process, in notaries, which makes it possible to attribute it to the fundamental principles of law. In civil law, good faith is manifested in the freedom of contract, presumptions of the validity of the contract, the guilt of the tortfeasor, and so on. In civil proceedings, these are manifestations of the dispositive nature of civil proceedings and the prohibition of abuse of procedural rights. In criminal law and procedure, the principle of good faith is manifested through the presumption of innocence of a person. In a notary – by securing a high probability of rights and facts that are being certified. For civil procedural law, the specificity of the application of presumptions is associated with the restriction of the procedural form itself. Procedural actions of subjects of civil procedural legal relations are clearly regulated by law and must be carried out in accordance with it. In notarial activity, the principle of good faith is manifested in dispositiveness, the desire of individuals to exercise their civil rights in good faith and bear responsibilities, guaranteeing, consolidating their will by notarization, establishing maximum certainty, indisputability of specific legal relations. Key words: civil process, legal proceedings, presumptions in law, good faith, principles of law, presumption of good faith, notaries.

Some peculiarities of legal protection of trademarks in EU countries in the context of European integration processes in Ukraine

Keywords: trademark, EU countries, territorial marks, national brands, trademark protection
 The article notes that Ukraine's further preparation for EU membership involves the completion of a comprehensive transformation of all spheres. One of the vectors of such a transformation concerns trademarks as a necessary element of the free exchange of goods and services. Legal protection of trademarks in EU countries covers three levels: international,regional and national. It is noted that the formation of European standards for the protection and protection of trademarks in the EU was determined by the processes of globalization and integration. The legal model for the regulation of TM relations at the regional level contributed to the convergence of the national legislation of the EU countries.Instead, there are numerous provisions of a dispositive nature, according to which EU countries individually decide on the issue of their reflection in national legislation, which does not create contradictions, but gives peculiarities to the legal regime of TMprotection in each specific country. The article reveals some of these features. Attention is drawn to the possibility of registration of warranty and certification marks as TM, which was implemented by Germany, Italy, and France. The identical approach of the EU countries to the registration of «Sound” trademarks — in the form of an audio file — has been revealed. Based on judicial practice, the weaknesses of the registration of a smell as a trademark in the form of a graphic description are considered. Designations that cannot be registered as trademarks and features of registration as such of portraits of people and personal names are defined. The requirements for applicants when registering trademarks and the legal consequences of not using trademarks are determined, as well as the role of using a trademark in overcoming the refusal of registration. The article reveals the meaning and purpose of the «opposition period» and the specifics of its application in individual countries, using the example of Poland, Italy, France, and Germany. Special attention is paid to the protection of territorial brands, national brands and their correlation with well-known brands.

ENCOURAGEMENT AS A METHOD OF MANAGING SOCIAL RELATIONS: APPLIED SIGNIFICANCE IN PUBLIC SERVICE

The subject of the study is the conceptual, theoretical and methodological basis for the use of incentives as a method of management of social relations in general, and in the public service, in particular. Methodology: general and special methods of scientific knowledge were used in this study. The method of comparison was used to summarize the approaches of various researchers on the main dominants to the definition of the concepts of "method", "method of encouragement", "formal and informal techniques that constitute the content of the method of encouragement". The analysis was used to determine quantitative and qualitative parameters that characterize the specifics of the influence of the method of encouragement on public service relations. The results of the study have shown that in Ukraine, there is an urgent need to reassess the methods of public relations management with an emphasis on methods of a dispositive nature. Conclusion. An argumentation is offered regarding the distinction between encouragement as a "method of regulating relations in the public service" and as an "institution of encouragement in the public service". Formalized informal ways that cover the method of encouragement in public service are analyzed. It is established that the issue of informal ways of the method of encouragement in the public service has formed in connection with non-material variations of motivation of civil servants. The advantages of informal methods of method of encouragement in public service are revealed. The properties of the methods of proper regulation of public relations (public administration) are identified. It is noted that the content of each method is determined by the following features: the nature of relations between the participants of public interaction; techniques and means that are used (can be used) in the process of regulating influence; motivation that provides necessary/desirable behavior of a private person or authorized subject, acting as a subordination party or one of the parties of coordination interaction. It is argued the thesis that encouragement as a "method of regulation of public-service relations" is not identical to "institution of encouragement in public service". Formalized informal ways that encompass the method of encouragement in public service are analyzed. It has been established that the problem of informal ways of method of encouragement in public service has formed because of non-material variations in motivation of public servants. The advantages of informal ways of method of encouragement in public service are revealed.

Analysis of Philippine National Police Administrative Cases in Police Regional Office V

The safety of the community and the degree of law and order in the state were based mainly on the efficiency of the duties and functions performed by the agent of the state. Being a public officer with state-given powers, a police officer must strictly adhere to organizational discipline. The study aims to determine the prevalent Administrative Cases in Police Regional Office 5 for CY 2019 to 2021 and identify the factors leading to the commission of administrative offenses based on the available data on the nature of cases, specific offenses, and disposition of administrative cases. It will also analyze the effects of decided administrative cases on police officers’ work performance, social relationships, and family relations. Content analysis on reliable data on the nature of cases and specific offenses and qualitative method with a phenomenological approach based on the responses of the participants were utilized to analyze the factors and effects of decided administrative cases on police officers. The study revealed that negligence, incompetency, anger management, and sexual misconduct are among the factors leading to the commission of the administrative offense. The study concludes that neglect of duty (nonfeasance) and misconduct (malfeasance) are the two (2) prevalent administrative offenses committed by a police officer. There is a need for cohesive preventive measures that enhance police discipline based on morale and spiritual upliftment, psycho-social intervention program and skill-focused activities to address the increasing number of administrative cases in PRO5.

Robert Boyle and the relational and dispositional nature of chemical properties

Robert Boyle and the relational and dispositional nature of chemical properties

The Causal Nature of Dispositions and Modality

Theories of modality which invoke possible worlds have recently been challenged by accounts that appeal to dispositional properties. A prominent strand of the accounts maintains that there is an intimate link between dispositions and possibility. The link is said to be captured by the proposition that, at first approximation, a state of affairs is possible just in case there is some actual disposition whose manifestation is (or includes) the state. Focusing on the most detailed exposition and defence of this approach, put forward by Barbara Vetter, I critically examine the adequacy of the view of dispositional properties on which it rests and which seems to be required by any plausible dispositionalist account of possibility. In the course of doing so, I offer arguments in favour of the causal nature of dispositions.

TRANSFORMATION OF THE LEGISLATIVE REGULATION OF THE PRINCIPLE OF DISPOSITIVITY IN CIVIL PROCEEDING

The global transformations that have been taking place in Ukraine since the end of the last century have caused the need to take appropriate measures in the field of the judicial system and proceeding, including the civil one. The first steps on the way to revising the civil procedural legislation of Ukraine and bringing it into line with the fundamental acts in the field of human rights protection were taken in 1996. In particular, the Law of Ukraine “On Amendments and Additions to the Civil Procedural Code of Ukraine” dated 02.02.1996 No. 27/96 of the Civil Procedure Code of Ukraine of 1963 (hereinafter – the Civil Procedure Code of Ukraine) was supplemented by a number of provisions, which changed the general system of civil justice institutions. Significant changes affected, for the most part, the regulation of adversarial civil proceedings, the provision of the appropriate position of the court in the field of civil procedural evidence. Adjustment of Art. 15 of the Civil Code of Ukraine of 1963 and other provisions [1] became the impetus for a broad scientific discussion, which is logical and justified, because we have moved from a mostly investigative process to a competitive one, at least in the legislative plane. However, at the background of the discussion about the expediency and timeliness of competitive innovations, attention was lost to other fundamental principles of civil justice, they were not “on the agenda” to the extent they deserve. Among them is the dispositive nature of civil proceedings. The significant turn in the development of civil procedural legislation, which was marked by the adoption of a new edition of the Civil Procedure Code of Ukraine in 2004, and later in 2017, also did not become a basis for analysis and systematic discussion of the specifics of the regulation of the principle of dispositivity, dispositive rights. Meanwhile, changes have taken place, and they are significant not only from the point of view of enshrining the relevant categories directly in the civil procedural law, but also essential, such as affect the substantive components of dispositivity, its understanding and perception. Therefore, the relevance of the scientific analysis of the regulation of the principle of dispositivity by civil procedural legislation, the identification of the prerequisites for the changes that have taken place, and the forecasting of theoretical and practical prospects seems to be well-founded.