Legal Characteristics Research Articles

Legal Characteristics and New Aspects of the Transition to Taxation of Corporate Real Estate Based on Cadastral Value Within the Framework of the Corporate Property Tax. Part 1

Legal Characteristics and New Aspects of the Transition to Taxation of Corporate Real Estate Based on Cadastral Value Within the Framework of the Corporate Property Tax. Part 1

Информационные системы: проблемы определения и толкования в свете нотариальной практики

Based on civil law methodology, an analysis of the concept, legal nature, as well as the legal regime of information systems with the help of which big data is visualized in the digital environment has been carried out. The legal characteristics of the information system are given. The components and legal regime of big data are defi ned. In this regard, objects of civil rights that are part of the inheritance have been established. The subject of the research is: legal doctrine; norms of Russian legislation; norms of by-laws and regulatory legal acts. The purpose of the study is to provide a doctrinal substantiation of the legal nature and legal regime of information systems through which big data is visualized in the digital environment, as well as to develop proposals for solving certain notarial practical problems, including problems of identifying objects included in the inheritance. Taking into account the above subject and purpose of the study, the article used comparative legal, systemic and structural methods of scientific knowledge, as well as the modeling method. The use of the above set of methods made it possible to consider the issues of legal qualification and legal regime of information systems in the light of ambiguous doctrinal and practical approaches to their solution, as well as to develop proposals for improving the mechanism for performing notarial actions (certifying transactions, issuing a certificate of ownership of the common property of spouses, ensuring evidence, issuing a certificate of inheritance, taking measures to protect inherited property).

Theoretical and legal characteristics of personal funds

Theoretical and legal characteristics of personal funds

Criminal legal characterization of the excesses of the perpetrator

This article considers the criminal and legal characteristics of excess of the perpetrator of a crime. Also studied the opinions of scientists, specialists, on the issue under consideration. In general, it is determined that the excess of the perpetrator of a crime, can be committed by the perpetrator, which as a rule was not covered by the actions of other accomplices. The excess of the perpetrator of a crime, commits another more serious crime than was planned, in this case the perpetrator is responsible only for the excess, the other accomplices - according to the rules in accordance with the Criminal Code. Other accomplices are not subject to criminal liability for the executor's excess, which excludes the possibility of equal qualification of accomplices' acts applicable to all cases of the executor's excess.

대행 관련 법제도 분석 및 개선방안

The agency system of administrative affairs has many provisions under the current law, but there is no unified definition provision. Therefore, in order to prevent confusion in law enforcement and to improve the efficiency of administration through the agency of administrative affairs, a legal reorganization is required. This study attempted to systematize the legal principles of the agency system through comparison with adjacent concepts and analysis of related precedents, to identify a general principles through investigation and categorizing of the current law that codified the agency. Chapter 2 analyzes legal theories and precedents related to the agency system. In the case of an agency, it is distinguished from delegation or consignment to which authority and responsibility are transferred in that the agency is given virtually independent administrative authority, but the authority is not legally transferred, and it is also different from an administrative assistant who technically executes administrative affairs independently according to the direction of the administrative agency. The agency system is characterized by the reservation of its authority and responsibility because all legal effects are bound to the agency and the agency is not specified as an agent. Regarding agency, the Supreme Court cases judge the term agency based on the meaning of the actual use of the term agency, such as denying or affirming the effect of disposition in the name of the agent by grasping the legal nature of the agency in detail. In the case of the Constitutional Court, there are many judgments on whether the agency system related to freedom of occupation is unconstitutional. In Chapter 3, provisions related to agency are categorized based on the results of an investigation of the current laws. It is classified into a type in which the state or local government, which is the agency to act, entrusts administrative affairs to the private sector based on laws and regulations, a form in which an administrative agency entrusts administrative affairs to another administrative agency, and a case in which the administrative agency entrusts the authority and duties in the event of an vacancy of a job performer. Examining based on these types of work, there are limitations that it is difficult to find the general principles of the agency system that apply to all the provisions under the current law that stipulate agency. In addition, there are many articles that stipulate ‘entrustment or agency’, so it seems desirable to reorganize the legal system in a parallel way that legalizes issues specific to administrative agency and reorganizes agency articles used in the same sense as entrustment or delegation. If a plan to improve the agency system is presented based on these implications, it should prioritize creating a general rule on the agency's general affairs, and making preliminary guidelines on the permission, basis, reservation of authority and responsibility of the agency. It needs to improve legal consistency by preparing regulatory provisions for the agency, making it a general provision that the administrative agency has the authority to direct and supervise administrative affairs. It is necessary to reserve the authority to take measures such as ordering or correcting the agency's handling of administrative affairs, and to codify where external responsibility may arise to third parties due to the suspension or cancellation of the agency. At the same time, it is necessary to amend the provisions under the individual laws that stipulate agency into entrustment, delegation, and acting on duty to meet specific legal characteristics.

행정계획 법제의 현황에 따른 입법모델의 모색

Administrative planning has evolved into a complex field involving multiple stakeholders, notably in areas such as urban planning. Initially, administrative planning referred to administrative subjects proposing matters that were difficult to specify within the confines of the law, which would then be formulated into a plan on a regular cycle. Presently, administrative plans are incorporated into many laws. In certain instances, administrative plans encompass tasks handled by multiple administrative entities. In these cases, opinions are harmonized and integrated through consultations or committee deliberations during the administrative plan's formulation process. To establish an administrative plan, a fact-finding survey of the relevant administrative conditions is conducted to ensure alignment with reality. Additionally, the performance of the administrative plan is evaluated, and feedback is provided to inform the establishment of subsequent administrative plans. Multiple administrative plans pertaining to a specific matter often exist, forming hierarchical relationships or exerting mutual influence on one another. Consequently, establishing relationships between these administrative plans becomes necessary. While urban planning shares some legal characteristics with administrative measures, it can also possess the characteristics of administrative legislation, whereby administrative entities set the direction of administration and conduct operations accordingly. Regarding the nature of administrative legislation, administrative entities are bound by administrative plans, whereas the populace is not legally obligated to adhere to them. However, given the significant impact of administrative plans on the populace, they must be publicly announced upon establishment. All of these considerations must be reflected in the provisions of laws and regulations; however, different laws prescribe these matters differently. Therefore, a legislative model for administrative plans must be developed and utilized.

On the Translation of the Names of the French Courts into Russian

Being part of the culture of a particular state, law is also always national in its content. Consequently, the peculiarity of the language of law is due to its connection with the legal system of the state, the reflection of which it is. Thus, a certain conceptual and terminological apparatus is formed, taking into account the legal features inherent in a single state.In this article, the author is limited to considering the use of translation techniques on the example of translating the names of the French judicial authorities and determining occasional correspondences in the absence of an equivalent or variant correspondence to the French term in Russian.A short analysis allows the author to argue that the complexity of translating legal terms is primarily due to differences in the legal systems of countries, difficulties in finding the necessary terms, which implies the presence of not only a sufficient vocabulary in this area, knowledge of grammar, but also an understanding of the specifics of the system. The translation should not be reduced to a free interpretation of the legal term of the original language and not literal transmission, but transcoding into the translation language with the fullest possible preservation of its meaning by means of the translation language. In this case, it is necessary to take into account the nature of the recipient in order to clearly bring the semantic content to his consciousness.

Interaction of legal and political systems in Ukraine: problems and ways to solve them

The article examines the main aspects of the interaction of legal and political systems to create conditions for the stable development of the state, strengthening and maintenance of law and order.
 The effectiveness of the political system is ensured by the coherence of the actions of all components of the system, which, in turn, is achieved with the help of legal means. The legal system, embodying the normative basis, affects social relations and ensures their stability; and the political system, in turn, is connected with a special sphere of people’s activity - politics, which reflects the sphere of relations between classes, social groups, collectives, and citizens regarding state power.
 The formation of the modern legal system of Ukraine in accordance with international, in particular with European legal standards is a complex and multifunctional process, and therefore requires a deep scientific analysis of the legal reality and the development of conceptual foundations of its functioning and development.
 The current period of development of the Ukrainian legal system (which in its genesis and legal features is similar to the legal system of the Romano-Germanic type) is connected both with the improvement of the main features of continental law and with the formation of effective ways of bringing it closer to European international legal systems.
 In the current situation, the need to create a single legal space, within which it would be possible to quickly achieve effective cooperation between states that have different economic and legal systems, is becoming urgent.
 Having considered the existing legal systems, we can already conclude that Ukraine undoubtedly belongs to the family of the continental legal system. However, in our country, private law, for example, is extremely underdeveloped. For a long time, the main attention was paid mainly to the development of public law. It is likely that the great difficulties of implementing a socially oriented market economy and entrepreneurship in our country are connected with this. The low legal awareness of the population of Ukraine in the field of private law also stands in the way of the integration of our state into the world economic space.

Derivative Financial Instruments (Derivatives) in Hedging Practices of Non-Financial Organizations

The financial and economic situation in Russia in 2022 has sharply reduced the market for derivative financial instruments (derivatives), including the instruments applied by non-financial organizations (hedgers) to reduce commercial risks (hedging). At the same time, volatility in commodity markets and unilateral restrictive measures increase the risks of unforeseen property losses in connection with the execution of derivatives, which is why Russian non-financial organizations are increasingly trying to invalidate such contracts. However, a commonly used ground for contesting in many cases (violation of the requirements of a law or other legal act (Article 168 of the Civil Code of the Russian Federation)) turns out to be irrelevant, indicating a distorted understanding of the legal nature of derivative financial instruments and contradictory behavior of plaintiffshedgers. Their typical arguments are explained through the legal features of derivatives: the aleatory nature on which the distribution of monetary obligations of the parties and the uncertainty of the amount of monetary provision are based, and the lack of legal prerequisites for the universal presumption of asymmetry of the parties of the hedging derivative. The legal significance of volatility in the contractual structure of a derivative financial instrument is justified by the strict relationship between its regulatory aleatory nature and the random variability of the parameters of the underlying asset, the econometric characteristics of which do not affect the validity and effect of the contract. The author draws conclusions that unlimited property losses on a derivative are preconditioned not only by its aleatory nature, but also by the hedging objectives. It is noted that unconditional application of the concept of strengths and weaknesses in derivative financial instruments involving non-financial organizations is controversial due to various aspects of contractual and information asymmetry.

Criminal Legal Characteristics of Subjects of Crimes Against Morality

The main problem is the relevance of the research topic. The history of the development of civilization shows that law and morality as components of the spiritual culture of society are organically linked to each other. The legal system of any state enshrines the moral requirements and moral principles that are vital for the whole society. When creating norms or improving them, the legislator must take into account the state of the public moral culture of the population so that the laws being developed are fair and perceived by members of society. Purpose: The purpose of the study is the further theoretical development of a set of criminal law issues related to determining the place of morality in the system of objects of criminal law protection, their role in the system of measures to combat crime, as well as the development on this basis of proposals and recommendations for improving criminal legislation regulating liability for attacks on public morality. Methods: Methodology and methodology of the study. The methodological basis of the study was made up of: generally recognized methods of scientific research of the phenomena of reality in their interrelation and interdependence both at the theoretical level (systemic, comparative legal, formal legal, historical methods of analysis, etc.) and at the empirical level (statistical analysis, questionnaires, research of documents, printed publications); the main provisions of the theory of criminal law, ethics, philosophy, psychology; rules of formal logic. The results and their significance: The stated circumstances, as well as the lack of elaboration and discussion of most of the provisions related to the modern legal regulation of crimes against public morality and their qualifications, determined the choice of the research topic. Crimes against morality are mostly committed intentionally. For example, involvement in prostitution, the organization of brothels for prostitution or maintenance, as well as other types of criminal acts directed against humanity (morality), are committed with direct intent. A person who organizes and maintains brothels for prostitution is aware that he is doing this for profit. Among the crimes committed against humanity (morality), animal abuse is committed mainly out of hooligan motives.

Ways to Protect Creditors’ Rights When Presenting Property Claims to the Debtor’s Managers in the Bankruptcy Procedure

The article defines the main mechanisms for attracting persons who lead (managed) a legal entity to civil and public liability. The concepts of a person influencing the actions of a legal entity (Article 53.1 of the Civil Code of the Russian Federation), a person controlling the debtor (Article 61.10 of the Bankruptcy Law) and a civil defendant in criminal proceedings (Article 54 of the Code of Criminal Procedure of the Russian Federation) are revealed. Due to the variety of mechanisms established by the legislator for the restoration of creditors’ property rights, the article analyzes the advantages and disadvantages of each separately. Using examples from judicial practice, the author proves that there is no dispositivity in choosing the method of replenishing the bankruptcy estate at will, and the opinion that the difference in methods is insignificant, that it is not the rule of law that you refer to that is important, but the fact of restoration of rights after harm by the debtor is incorrect. The author makes an assertion that the choice of the appropriate method is justified by the individuality of the dispute, the conditions of treatment, the person applying and the result desired by creditors, depending on the chosen method of protecting creditors’ rights. The legislator distinguishes between ways to protect the rights of creditors, where each case has its own goals, objectives and results. The paper raises the question of finding criteria for the correct and most profitable tool for restoring creditors’ property rights in a bankruptcy case, taking into account procedural and legal features. The article is aimed at developing the theory and judicial practice in bankruptcy cases and ensuring the stability of the already formed practice, maintaining a balance of interests, as well as resolving conflicts.

Правове регулювання захисту персональних даних

The author examines contemporary principles of legal regulation regarding the protection of personal data, driven by the relevance of issues directly related to personal data protection, including the proliferation of digitalization in society and daily internet usage. This will make it possible to address the challenges and threats arising within the framework of modern development of civil society and the democratic and legal state in Ukraine, including unauthorized dissemination of personal data on social media, primarily containing negative legal characteristics. Therefore, attention is drawn to the necessity of optimizing the legal regulation of personal data protection, especially concerning the search for the most effective and reliable methods and means of their protection. Considering that the issue of personal data protection on the Internet concerns both the data subject (individual) and the state, a robust legislative framework is necessary, as data recipients do not always (sometimes not fully or selectively) adhere to legal norms. The state’s advantage in guaranteeing the protection of personal data, and, furthermore, its duty of legal regulation and observance of the individual’s right to the protection of their personal data, is proven. Additionally, the obligations of the parties involved in the use of personal data to ensure the protection of such data, particularly in terms of preventing unlawful access to them and information compromise, are substantiated. Therefore, it is noted that the legal regulation of personal data protection provides for a vertical of state services and authorities with corresponding powers to act exclusively within the framework of ensuring protection against unauthorized use of personal data. It has been clarified that one of the most common reasons for the danger and unauthorized use of personal data is primarily digital illiteracy (or its low level) among Internet users, especially concerning social networks, in terms of the availability of legal and technically secure means to safeguard personal data, both individual and state-wide. The study made it possible to conclude that, firstly, it is the state which is obliged to create the most effective regulatory and legal means of personal data protection, and, secondly, legal regulation of personal data protection provides for a set of preventive measures aimed at suppressing offences, applying coercion to offenders, and restoring the violated rights of an individual in terms of protection of his/her personal data.

Norm of election law of Ukraine: separate characters and content

Author determines to a certain stage of social development there is a need to streamline existing relationships in it. It is impossible to imagine human society without regulation of behavior by certain samples, models, scale. They also made as a result of frequent repetition, the rules to which future oriented society.
 The rules of electoral law as a component of the constitutional right of Ukraine reflect in their entirety the nature and content of this area of law. For this reason they are sometimes compared to the cells as the fundamental principle of any living organism, the biological system.
 Given the undoubted primacy norm of electoral law for other structural elements of the electoral law of Ukraine, namely the study of the nature, content and legal characteristics and features of the construction is a kind of "key" to the knowledge institutes and other components of the electoral law in general.
 Identifying the nature and content of the rules of electoral law as a primary constituent elements of the same sub-system of law involves a determination of the legal category. This is not only a definition of the rules of electoral law, but also about filling it with the proper legal meaning, as well as identifying the main aggravating circumstances studied component of electoral law Ukraine.
 Thus, the rules of the common signs of electoral law Ukraine include the following: 1) priority in the national legal system, and2) the nature of the installation, and 3) public-political content, and 4) the system of rule-making entities and norm, and 5) immediacy, 6) the highest legal force; 7) special source base 8) specificity patterns, 9)guaranteed.
 The rules of electoral law, as a kind of constitutional law and having their general properties, characteristic only differ in their original features, including: 1) specificity, due to the content of the subject of legal regulation, and 2) the rules of electoral law have a pronounced political character, and 3) Specify the range mailing provisions of electoral law, and 4) the rules of electoral law form a complex subsector law that combines state-legal, administrative, legal, financial, legal, criminal law and the rules of a number of other sectors of the national law of Ukraine, 5) the identity outside legalization provisions in the election law.

Electronic Parliament and Information Relations

The article discusses the theoretical and legal aspects of the origin and development of the concept of “electronic parliament” and information relations, where “electronic parliament” is a new vision in the development of the “electronic state” with the ability to monitor processes in parliament, obtain information data and conduct information interaction with deputies directly, which indicates the practicality, flexibility and effectiveness of this concept. Currently, there are certain problems that should also be considered by studying the experience of introducing the concept of “electronic parliament” in various states. Practical developments in the field of online voting in the USA, Japan and Estonia are outlined. The legal features of the formation of the concept of “electronic parliament” have been identified, and the implementation of the concept of “electronic parliament” will contribute to the involvement of citizens in the system of governance of society and the state.

Legal Features of Electronic Parliaments in the Context of Information Relations on the Example of Russia, Uzbekistan and Kyrgyzstan

The issues of “electronic parliament” in the modern world are considered. The legal and technical experience in the formation and development of the concept of “electronic parliament” in a number of states, including Russia, Uzbekistan and Kyrgyzstan, is outlined. Relevant recommendations and proposals were given to improve the “electronic parliament” in Kyrgyzstan.

Legal aspects of international cooperation in combating organised crime

In the context of intensification of globalisation processes, researchers’ attention is drawn to organised forms of crime, which are substantially more difficult to counteract if criminal offences have transnational features. Considering this, it is vital to investigate the content of international treaties aimed at combating transnational organised crime. Thus, the purpose of this study was to identify certain legal features of international cooperation in combating organised crime for further implementation of promising provisions in the work of law enforcement agencies in this area. The methodological framework of the study was formed by both general scientific and special methods of scientific cognition. The study also employed systemic, informational and functional approaches, as well as terminological, systemic-structural, formal-logical, and comparative legal methods of scientific cognition. The study confirmed that organised crime does not recognise the existing borders of states and constantly crosses them. At the same time, law enforcement agencies are quite limited in their actions by these borders, which substantially affects their ability to combat crime, especially organised crime. It was found that the legal framework for international cooperation in combating crime, including organised crime, is gradually being formed, but this process is influenced by the concept of primacy of national law over international law. The study proved that the current terminology of international treaties may not correspond to the terminology used in the national legislation of modern countries, but unification of legislation is reasonably necessary for effective crime prevention. The practical value of the findings obtained is that they can be used to further improve the legal framework for international cooperation

Act XI of 1857: The life and afterlife of an emergency statute in colonial and post-colonial India

AbstractThis article seeks to assess the legal legacy of one of British India’s most significant emergency acts: Act XI of 1857, also known as the State Offences Act. Although introduced during the Indian Uprising of 1857, it will be argued that the extra-judicial provisions contained in this act exerted a strong influence on the legal character of post-1857 ‘special’ or exceptional colonial criminal legislation, an influence that continued to be reflected in the punitive emergency laws set in place in post-colonial India. The long-term historical significance of Act XI will be illustrated by examining some of the more notable pieces of punitive or repressive legislation enacted in colonial and post-colonial India, namely the Murderous Outrages Act of 1867, the 1915 Defence of India (Criminal Law Amendment) Act, the Anarchical and Revolutionary Crimes Act of 1919, the Defence of India Act, 1962, and, more recently, the Terrorist and Disruptive Activities (Prevention) Act of 1985.

Legal and regulatory instruments for NCD prevention: a scoping review and descriptive analysis of evaluations in OECD countries

ContextPublic health law is an important tool in non-communicable disease (NCD) prevention. There are different approaches available for achieving policy objectives, including government, co-, quasi- and self-regulation. However, it is often unclear what legal design features drive successes or failures in particular contexts. This scoping review undertakes a descriptive analysis, exploring the design characteristics of legal instruments that have been used for NCD prevention and implemented and evaluated in OECD countries.MethodsA scoping review was conducted across four health and legal databases (Scopus, EMBASE, MEDLINE, HeinOnline), identifying study characteristics, legal characteristics and regulatory approaches, and reported outcomes. Included studies focused on regulation of tobacco, alcohol, unhealthy foods and beverages, and environmental pollutants.FindingsWe identified 111 relevant studies evaluating 126 legal instruments. Evaluation measures most commonly assessed implementation, compliance and changes to the built and lived environment. Few studies evaluated health or economic outcomes. When examining the design and governance mechanisms of the included legal instruments, government regulation was most commonly evaluated (n = 90) and most likely to be reported effective (64%). Self-regulation (n = 27) and quasi-regulation (n = 5) were almost always reported to be ineffective (93% and 100% respectively). There were few co-regulated instruments evaluated (n = 4) with mixed effectiveness. When examining public health risks, food and beverages including alcohol were more likely to be self- or quasi-regulated and reported as ineffective more often. In comparison, tobacco and environmental pollutants were more likely to have government mandated regulation. Many evaluations lacked critical information on regulatory design. Monitoring and enforcement of regulations was inconsistently reported, making it difficult to draw linkages to outcomes and reported effectiveness.ConclusionsFood and alcohol regulation has tended to be less successful in part due to the strong reliance on self- and quasi-regulation. More work should be done in understanding how government regulation can be extended to these areas. Public health law evaluations are important for supporting government decision-making but must provide more detail of the design and implementation features of the instruments being evaluated – critical information for policy-makers.

Исполнимость решений Конституционного Суда Российской Федерации как индикатор эффективности конституционного правосудия. Часть II

Issues of enforceability of court decisions are among the so-called “eternal” problems that require constant attention from both the legislator and law enforcers. This circumstance is largely due to the very nature of the judiciary and its decisions, the presence of special legal mechanisms for the execution of these acts, as well as the importance of the political will of specific subjects of relevant relations to implement the requirements formulated in court decisions. It is obvious that the significance of these factors increases markedly with an increase in the level of the court that makes the appropriate decision. As a result, the greatest difficulty with execution is observed precisely in relation to decisions of higher judicial instances. Meanwhile, due to the special constitutional status of these bodies, it is their practice of implementing decisions that have a significant impact on the national legal order and the legal system itself. Given the broad, complex nature of the relevant issues, the authors offer its analysis in the framework of a publication consisting of two parts, which are two relatively independent articles. This article focuses on the analysis of the socio-political and legal characteristics of the institute for the execution of decisions of the Constitutional Court of the Russian Federation (hereinafter referred to as the Constitutional Court of the Russian Federation), including in relation to the self-execution of these acts. Issues related to legislative, law enforcement, doctrinal characteristics of the existing mechanisms for the implementation of decisions of the Constitutional Court of the Russian Federation at the federal and sub federal levels, the need to improve them deserve independent attention.

Правовое регулирование деятельности Суверенного Мальтийского Ордена в условиях перехода к многополярному миру

The purpose of the study is to comprehensively analyze the historical and legal features inherent to the establishment and activities of the Sovereign Order of Malta, as well as its legal standing against the background of the transition to a multipolar world. Its jurisdiction and influence on processes in world politics are also of the interest to this study. Methodology: dialectical method, synthesis, historical and legal system analysis, legal formalism. Conclusions. Throughout its history the Sovereign Order of Malta was innovative in many aspects: it developed medical services, built up a regular army, established a naval school, and set pensions for veterans. It was the first to gain international sovereignty. This sovereign power had its own territory, population, government, and army. It had the right to mint coins and maintain diplomatic relations with other states through ambassadors. The fact that states recognize the Order›s existence and its international legal personality at least indicates its viability as an active and important actor of world politics. Scientific and practical significance. The conducted research allows us to study the existing legal norms governing international and domestic activities of the Order, which is a unique actor in international relations, possessing a number of qualifying features as a subject of international law. The present study can be used in the educational process when training professionals in international law.