Special Norms Research Articles

SPECIAL PROCEDURAL MEANS OF PROTECTION OF INDUSTRIAL PROPERTY IN THE PORTUGUESE LEGAL SYSTEM

This article aims to analyze the main specificities of the adjective regime that the Portuguese legislator adopted in the Industrial Property Code. The reflection focused, in particular, on four of the main domains to which such special norms respect: the test; precautionary procedures; judicial decision criteria and procedural publicity.

Development E-Insurance Based on the Provisions of the Insurance Policy for the Certainty of Evidentiary Civil Procedural Law in Indonesia

The development of E-Insurance in its match was a development of the Electronic Insurance Policy Agreement or Jo. E-Polis. The insurance agreement or written policy as stipulated by OJK Regulation on Insurance Products and Insurance Product Marketing as an rationing of the Code of Commercial as a special norm of the understanding of Insurance Policy. Unlike the Electronic Insurance Policy Agreement or E-Polis was accommodated by OJK Regulation on Insurance in 2015, E-Insurance developed as a result of insurance needs for electronic or e-commerce trading transactions that do not yet had special arrangements. This was because in E-Insurance, the business’ person did not make hardcopy either the Insurance Policy Agreement or the policy agreement to be further conveyed to the customer or the insured. Furthermore, the Evidentiary Power E-Insurance in the Civil Procedural Law could not be equated: as a means of proof of letter because the parties in the proof cannot show the original (hardcopy). At least judges under Article 10 of the Court of Justice Power Act could categorize E-Insurance as a means of proof of guessing, because the parties in the evidence could not show the original (hardcopy). Thus, a law-level rule was required a law that can accommodate E-Insurance related to proof of civil justice.

“Dead” special provisions of the criminal law as a criterion of excessive (unjustified) specialization

Special norms in the criminal law, as a rule, are designed to solve the problem of differentiation of responsibility, so they must contain such features of the composition that significantly change the typical degree of public danger of the act and (or) the figure. These norms are constructed using the casuistic method, which is due to their nature and focus on reflecting social relations that are objectively differentiated by the criterion of public danger. The increase in the number of special criminal law norms indicates a steady trend of specialization of the criminal law, which, in the absence of signs of redundancy, is quite normal. The excess of specialization manifests itself in “overcriminalization” or, in other words, socially non-conditioned criminalization of acts that already fall under the regulation of the current law, but are artificially singled out by the legislator through the casual use of a particular attribute. As the analysis of the latest criminal law novels shows, the status and role position of the guilty person acts as the specified feature in most cases. Its appearance in the crime as a special feature of the subject means that the legislator assumes criminal protection of a certain segment of public relations, in which the subject is a participant, and the encroachment on which is possible only under this condition. As a rule, in practice, these special rules are either not applied at all, or are applied in isolated cases, which is one of the indicators of unjustified criminalization and, consequently, excessive specialization. In science, the opinion is expressed that the so-called “dead” norms in the criminal law are designed to solve the problem of preventing the relevant acts, which, in our opinion, is an attempt to justify intensive lawmaking. Given that this is an unjustified criminalization, such protection by the criminal law is artificial due to the lack of an objective need for it. The reason for the appearance of appropriate special norms, as a rule, is the political conjuncture, the essence of which ultimately boils down to demonstrating efforts to combat crime, which in science is precisely called “imitation”.

Inner Product Fuzzy Quasilinear Spaces and Some Fuzzy Sequence Spaces

It has been shown that the class of fuzzy sets has a quasilinear space structure. In addition, various norms are defined on this class, and it is given that the class of fuzzy sets is a normed quasilinear space with these norms. In this study, we first developed the algebraic structure of the class of fuzzy sets F(ℝn) and gave definitions such as quasilinear independence, dimension, and the algebraic basis in these spaces. Then, with special norms, namely, ‖u‖q = where 1 ≤ q ≤ ∞, we stated that (F(ℝn), ‖u‖q) is a complete normed space. Furthermore, we introduced an inner product in this space for the case q = 2. The inner product must be in the form. For u, v ∈ F(ℝn). We also proved that the parallelogram law can only be provided in the regular subspace, not in the entire of F(ℝn). Finally, we showed that a special class of fuzzy number sequences is a Hilbert quasilinear space.

К вопросу о добровольном отказе от совершения преступления

Based on the analysis of the current criminal legislation, the article discusses a number of issues related to the institution of voluntary refusal to commit a crime. There are two main characteristics that define voluntary renunciation of a crime – voluntariness and finality. In order to pose the problem, the authors draw attention to the fact that the provisions of certain norms of the Special Part of the Criminal Code of the Russian Federation, providing for the exemption from criminal liability of a person if he voluntarily released a kidnapped or hostage and if his actions do not contain any other corpus delicti, with a certain degree of conditionality can be considered as special norms in relation to voluntary refusal to commit a crime (general norm). If there is a fundamental difference between them related to the commission or absence of a crime as such, they are related by the fact that in both cases persons do not allow the onset of socially dangerous consequences of their actions. Moreover, they act voluntarily. The article also contains the author's position on the debatable issue of the possibility of voluntary refusal to commit a crime when an attempt on a crime is completed.

Теоретичні та практичні проблеми визнання недійсним правочину, вчиненого дієздатною особою, яка в момент його вчинення не усвідомлювала значення своїх дій та (або) не могла керувати ними

The article is devoted to the research of the theoretical and practical problems of a transaction made by a physical person with the legal capacity to act, who did not realize the significance of his/her actions and (or) could not control them at the time of making a transaction. The conclusion about topicality and practical necessity to researching this issue due to the significant prevalence of transactions that do not correspond to the internal will of the person on this basis is made. The existence of certain collisions between the general and special norms that regulate the legal nature of these transactions has been stated. At the same time, the problem of determining the categories of persons who have the right to apply to a court with a claim on the invalidation of the transaction provided for in Article 225 of the Civil Code of Ukraine is raised in the research. Emphasis is placed on the fact that the qualification of such a transaction is an important feature of the presence of such a temporary state of the person, which makes it completely impossible to realize the objective reality and significance of their actions. Also in this scientific research other features of the considered transaction are given. At the same time, it is stated that it is difficult to prove the fact of being a person in a temporary state when he/she doesn’t realize completely the significance of their actions and (or) could not control them. This scientific research also characterizes the subject of proving in cases of invalidation of a transaction made by a physical person with the legal capacity to act, who did not realize the significance of his/her actions and (or) could not control them at the time of making a transaction. The proper list of circumstances which are subjecting to proof in these cases is formulated. The analysis of judicial practice in cases is done separately on of invalidation of transactions made by a physical person with the legal capacity to act, who did not realize the significance of his/her actions and (or) could not control them at the time of making a transaction.

Abuse of law: from general to specific (using the example of patent rights)

The problem of abuse of law continues to be at the center of scientific discussions, being at the same time one of the most acute in law enforcement practice. There is still no certainty in the legal qualification of the abuse of the right: a special type of offense, illegal / illegal action, quasi-delict. National laws often do not define clear consequences of abuse of the right. Uniform approaches to the typification of abuses of the right in general and special norms of the law have not been developed either. At the same time, it is obvious that the abuse of law is a special protective boundary, ensuring a balance of private and public interests in all areas of civil law regulation. Of undoubted interest is the study of the abuse of rights in connection with the grounds and essence of subjective civil rights, and not with their formal structure. A separate complexity and promising direction of research is the problem of abuse of exclusive rights. The article presents the author's understanding of the abuse of subjective rights, its origins and prerequisites; in a comparative legal context, specific types of abuse of patent rights and features of their legal qualification are shown.

Статус прокуратуры Российской Федерации в координационной деятельности по предупреждению преступных проявлений

Relevance. The relevance of this work is determined by the fact that the status of the prosecutor's office in co-ordinating activities to prevent criminal manifestations is not sufficiently determined. The scientific society actively continues to investigate its problems. A clear implementation of the function of coordinating the activities of law en-forcement agencies to combat crime will make the law enforcement system better and, of course, more focused on protecting citizens from lawlessness. The purpose article consists in determining the status of the prosecutor's office of the Russian Federation in coordination activities to prevent criminal manifestations. Objectives. Analyze the directions and forms of coordination work of law enforcement agencies to combat crime; formulate a number of proposals aimed at improving the effectiveness and quality of coordination activities of the prosecutor's office for the prevention and prevention of crimes. Methodology. In the process of working on the study, a set of general scientific methods of cognition (integrative, systemic and formally legal) used in modern jurisprudence were used. Results. Proposals were made on the development of methodological recommendations on coordination activities and the need to introduce special norms on coordination activities into the Law on the Prosecutor's Office - the consolidation of methods, principles, powers of prosecutors to prevent violations of laws. The importance of the coor-dination role of the prosecutor's office in the fight against criminal manifestations is shown. The positive results of the work of the prosecutor's office in the fight against crime for the period 2020-2021 are presented. Conclusion. According to the results of the study, the authors believe that the legislator has recently been ex-panding the boundaries when the prosecutor's office carries out coordination activities. The Prosecutor General's Office, as the main coordinator of law enforcement activities in the fight against crime, is obliged to maintain a state unified statistical record of data on the state of crime, as well as to carry out and monitor the implementation of coordination activities - meetings.

Проблемы законодательного конструирования уголовно-правовых норм, направленных на защиту объектов топливно-энергетической инфраструктуры Российской Федерации

Within the framework of the article, the author formulates problems associated with the legislative design of criminal law norms that provide for criminal liability for unauthorized connection to oil pipelines, oil product pipelines, and gas pipelines, or for making them unusable. The aim of the article was to develop and formulate approaches to the elimination of legal conflicts arising from the incorrect formulation of criminal law norms and to improve the practice of applying the norms of the Criminal Code of the Russian Federation, provided for by Art. 2153 of the Criminal Code of the Russian Federation. The article is based on the doctrinal provisions of the science of criminal law concerning the legal technique of designing criminal law norms, as well as materials of law enforcement practice. As a result of the study, the author demonstrates an internal inconsistency in the prescriptions of Art. 2153 of the Criminal Code of the Russian Federation, associated with excessive overload and fundamental incompatibility of signs of corpus delicti within the framework of one norm of the Criminal Code of the Russian Federation. In particular, mandatory signs of a particularly qualifying corpus delicti must include a special subject, a person subjected to administrative punishment for a similar act, and consequences, in the form of disruption of the normal operation of the oil pipeline and selfish or hooligan motives in the perpetrator's behavior. Thus, it is impossible to apply the provisions in practice without violating the principle of legality and using the analogy of criminal law. The author states that in many ways the nature of the origin of the problems that we have to speak about more and more often are constant questions about the competition between general and specific norms, and, if these questions are undecidable, we have to speak about the widespread use of the banned analogy. The conclusions of the study are: the author's proposals on amending Art. 2153 of the Criminal Code of the Russian Federation and other norms of the criminal law; an indication of the need to eliminate unnecessary duplication of the norms of the Criminal Code of the Russian Federation and to create more and more highly specialized special norms that compete with general criminal law prohibitions. In addition, the ways of changing approaches to the qualification of these acts have been identified; these ways allow for a consistent counteraction to negative socially dangerous acts and respect for the interests and rights of citizens.

Принципы гражданского, арбитражного и административного судопроизводства: сравнительно-правовой аспект

The similarity of tasks and methods of their resolution by the courts in the administration of justice in civil, arbitration and administrative proceedings presupposes the commonality and similarity of principles as the fundamental bases in the administration of justice. A comparative analysis of the first chapters of the Civil Procedure Code of the Russian Federation, the Commercial Procedure Code of the Russian Federation and the Administrative Procedure Code of the Russian Federation regulating the main provisions of civil, arbitration and administrative proceedings, shows the lack of proper uniformity and, as a result, of the continuity and logic in formulating the principles of the corresponding type of legal proceedings. The author analyzes such principles as the administration of justice by the court only; individual and collegial consideration and resolution of cases; the language of proceedings; publicity of the proceedings and its legality. The author pays attention to the gaps and other shortcomings in the legal regulation of the above principles and proposes a solution to the identified problems. The immediacy of the trial is the guiding principle in the examination of evidence and the establishment of circumstances of the case, since it determines the ways and means of the court’s perception of the evidentiary material. The significance of the principle of “immediacy of the trial” is that its observance during the trial guarantees the gaining of true knowledge of the facts that are important for the correct adjudication and resolution of the case. Therefore, the violation by the court of this principle may entail the cancellation of the judicial act on the grounds of its unreasonableness and (or) illegality. If we turn to the Codes governing civil, arbitration and administrative proceedings, there is an inconsistent, formal attitude of the legislators to one of the most important judicial principles. This is shown because in Chapter 1 of the “basic provisions” of the Civil Procedure Code of the Russian Federation there is no such a principle as “immediacy of the trial”. The existence in civil proceedings of such a phenomenon as “the immediacy of the court’s examination of the evidence available in the case” and “the immediacy of the trial” is mentioned only in Chapter 6 “Evidence and Proving” (Part 1, Article 67 of the Civil Procedure Code) and in Chapter 15 “Trial” (Part 1, Article 157 of the Civil Procedure Code). Unlike the Civil Procedure Code of the Russian Federation, the “immediacy of judicial proceedings” as a principle is enshrined in the special norms of Chapter 1 of the Administrative Procedure Code of the Russian Federation (Article 10) and the Commercial Procedure Code of the Russian Federation (Paragraph 6, Article 6 and Article 13), which only declare, but do not disclose the substantive side of this judicial principle. Based on the above, we propose the following. First, supplement Chapter 1 of the Civil Procedure Code with a special provision providing for the principle of immediacy of judicial proceedings; second, to expand the content of Article 10 of the Administrative Procedure Code and Article 13 of the Commercial Code of the Russian Federation by the following wording: “1. The court, when adjudicating the case, must examine all the evidence in the case directly. 2. Evidence in a case shall be examined and evaluated by the court that must decide the case on the merits. 3. Evidence that was not the subject of examination at the court hearing may not be accepted by the court as the basis for the adopted judicial act.” The author declares no conflicts of interests.

International Environmental Protection in Armed Conflicts: Traditional Legal Regulation and Interpretation Novelties

The paper is devoted to international legal protection of the environment during armed conflicts. The author emphasizes that armed conflicts, both international and non-international, continue to be one of the most serious threats to a healthy environment. An armed conflict taking place in the environment invariably poses a threat to ecosystems.The author summarizes that in international law there are special norms for the protection of natural environment during armed conflicts. At the same time, increasing the level of protection requires a clearer definition of the scope of application of customary law and the further development of treaty rules. While the objectives of protecting the natural environment are linked to the survival and protection of civilians, recognition of environmental protection during armed conflict as such constitutes an important trend. International law calls on States to enter into agreements that provide for additional protection of the natural environment during armed conflicts. The concept of “protecting the natural environment” in international humanitarian law refers to a wide range of obligations that can help protect the natural environment or its parts from damage. A high threshold for potential harm continues to pose the risk that such protection is not fully applicable in practice. There is an obvious tendency to use the potential of the principles of international environmental law when applying the norms of international humanitarian law. Thus, even in cases where the assessment of new means and methods of warfare does not provide scientific certainty with regard to their impact on the natural environment, this does not absolve the parties to the conflict from taking appropriate precautions. It is not enough that there are important rules of international humanitarian law protecting the natural environment during armed conflict; they need to be better disseminated, implemented and enforced, as well as validated and clarified.

Two-Dimensional-One-Dimensional Alternating Direction Schemes for Coastal Systems Convection-Diffusion Problems

The initial boundary value problem for the 3D convection-diffusion equation corresponding to the mathematical model of suspended matter transport in coastal marine systems and extended shallow water bodies is considered. Convective and diffusive transport operators in horizontal and vertical directions for this type of problem have significantly different physical and spectral properties. In connection with the above, a two-dimensional–one-dimensional splitting scheme has been built—a three-dimensional analog of the Peaceman–Rachford alternating direction scheme, which is suitable for the operational suspension spread prediction in coastal systems. The paper has proved the theorem of stability solution with respect to the initial data and functions of the right side, in the case of time-independent operators in special energy norms determined by one of the splitting scheme operators. The accuracy has been investigated, which, as in the case of the Peaceman–Rachford scheme, with the special definition of boundary conditions on a fractional time step, is the value of the second order in dependency of time and spatial steps. The use of this approach makes it possible to obtain parallel algorithms for solving grid convection-diffusion equations which are economical in the sense of total time of problem solution on multiprocessor systems, which includes time for arithmetic operations realization and the one required to carry of information exchange between processors.

Non-Litigious Proceedings under the Jurisdiction of the Court in Hungary

The author outlines in her study the main non-contentious (nonlitigious) procedures under Hungarian law that are governed by special norms in conjunction with those of the Code of Civil Procedure and that now employ electronic means for submitting requests and documents, as well as for communication with the parties and service of procedure. The main procedures examined are those instituted by the new Hungarian Code of Civil Procedure itself and those pertinent to procedures before the Company Register, during insolvency procedures and during the registration of entities comprising non-governmental organizations and other manifestations of the civil society. The author concludes that the most significant non-litigious procedures now employ means of electronic communication.

HONOUR OF THE SOLDIER

In the Republic of Latvia, a soldier performs public service in the field of national defence and his/her legal status is a right guaranteed by the state, statutory duties, restrictions, and disciplinary liability, which are currently regulated by military law, administrative law and administrative procedure law. In addition to the regulation of special and general legal norms, a soldier also has important and binding moral values, because in Latvia "honour" is a characteristic of a soldier, which is inextricably linked to the soldier's profession both historically and of military service. Within the framework of the paper, the author has studied the concepts, essence, genesis and development of such values of a soldier as "honour" and "dignity", from the historical and modern point of view, both in civil life and military science. The author has also clarified their role in the legal status of a soldier and concluded that the existing legal status of a soldier should be elaborated and can be defined as a right guaranteed nowadays. Although not explicitly defined, it should be included in the legal status of a soldier as a military ethical requirement for his dignity and trust, integrity and duty in the performance by the state, statutory duties and restrictions, disciplinary liability and honor as a military ethical requirement.

Institution of Legal Support for the Turnover of Genetic Information: Paradigm of the Future of Information Law

The increased scale of genetic research in the world determines the relevance of legal regulation of relations on the turnover of genetic information. The purpose of this study is to define a new legal institution for the circulation of genetic information and the main directions of development of future legislation. The methodological basis of the study comprises empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; private scientific methods: the method of comparative jurisprudence and the method of interpretation of legal norms. The results of the study allow the authors to state that there is a process of separation of the still few legal norms on the turnover of genetic information into a separate institution in the system of the information law branch.The developing institute should include norms (principles) of turnover and processing of genetic information. These are norms that consolidate the rights and obligations of subjects of information legal relations regarding the turnover of genetic information; norms that establish the legal regime of biological banks and national databases of genetic information; protective norms for state supervision of the activities of subjects in the field of turnover of genetic information; special norms on liability for violations of the requirements of the law.The most effective solution to the problem of legal regulation of relations on the turnover of genetic information in the Russian Federation is the adoption of a special law.The information activities of various entities in this area are often international in nature and are based on the norms established in treaties and national legislation. In this regard, it seems appropriate to launch a broad discussion of the problems of genetic information turnover at the level of the international scientific community. These should include identification of threats; identification of possible risks of using information technologies in medicine; unification of digital identification mechanisms; development of ethical codes of conduct for the scientific community; use of foresight methodology in order to develop common positions.

СПЕЦІАЛЬНІ ВИДИ ЗЛОВЖИВАННЯ МОЖЛИВОСТЯМИ СПЕЦІАЛЬНОГО СТАТУСУ У КРИМІНАЛЬНОМУ ПРАВІ УКРАЇНИ: ПОНЯТТЯ ТА СИСТЕМА

It is submitted that the abuse of special status opportunities in the Criminal Code is shown as general prohibitions of abuse as well as special types of those criminal offenses, that are contained mostly in chapters of the Special Part of the Criminal Code of Ukraine other than Chapter XVII. The existing theory of criminal law does not contain monographic complex studies of the concept and system of the special types of the analyzed criminal encroachments. This state indicates a gap in science. The author suggests and defends the hypothesis that among the criminal offenses, which by their nature are considered as the abuse of special status opportunities and are its special types, two groups of encroachments can be distinguished: – provided for in the special norms of criminal law, – provided for in the specific norms of criminal law. It is established that special types of the abuse of special status opportunities, that are enshrined in chapters of the Special Part of the Criminal Code of Ukraine other than Chapter XVII, can be expressed as special and specific criminal norms. In the case of a special criminal norm, a situation of competition of criminal norms should be resolved in accordance with the well-known principle Lex specialis derogat generali. Another correlation occurs when special types of the abuse of special status opportunities are provided for in the specific criminal norms. It seems that the legislator introduces these norms in criminal law as follows. Certain special types are distinguished from a variety of the abuse of special status opportunities. The social dangerousness of them is shown as the existence in their construction of solely specific features, which accomplish a criminal formation function. It seems that the correlation between these specific norms and norms that establish liability for the general types of abuse will be the correlation of the adjacent corpora delicti, and the problem of distinction shall be solved with the competition rules.

Large deviation principles of 2D stochastic Navier–Stokes equations with Lévy noises

Taking the consideration of two-dimensional stochastic Navier–Stokes equations with multiplicative Lévy noises, where the noises intensities are related to the viscosity, a large deviation principle is established by using the weak convergence method skillfully, when the viscosity converges to 0. Due to the appearance of the jumps, it is difficult to close the energy estimates and obtain the desired convergence. Hence, one cannot simply use the weak convergence approach. To overcome the difficulty, one introduces special norms for new arguments and more careful analysis.

To the question of the actual admission of the employee to work

The article is devoted to the analysis of the actual admission to work as a legal fact, its characteristics and the legal consequences of this action for the employee and the employer, both explicitly indicated in special norms, and follows from the interpretation of other norms of labor legislation, including the obligations of the employer and liability for their violation; There is a gap in the rules of labor legislation regarding the definition of an authorized representative of the employer, the legal consequences of admission to work by an unauthorized person are examined, procedural issues about the distribution of the burden of proof and court costs are considered.

On control and responsibility in strategic planning

Strategic planning is one of the key mechanisms for ensuring purposeful and sustainable development of the state, economy and society. With the adoption of Federal Law No. 172-FZ of 28.06.2014 “On Strategic Planning in the Russian Federation”, a new stage in the formation of the state strategic planning system has begun in the Russian Federation. The article examines the shortcomings of the current legislative regulation in the Russian Federation on the issues of control over the implementation of strategic planning documents, as well as responsibility for their improper execution. It is noted that the provisions of the current legislation on control and responsibility in the field of strategic planning are insufficient for the full implementation of the mechanisms of state strategic planning. The author substantiates the need to establish a unified procedure for monitoring and monitoring the implementation of strategic planning documents, as well as the introduction of special norms into the current legislation that provide for liability for offenses committed in this area.

Злоупотребления субъектов уголовного преследования и их отражение в уголовном законе

The presented article examines the system of existing criminal law norms on responsibility for illegal criminal prosecution. The article examines the rights and obligations of subjects empowered to carry out such activities. Based on these powers, possible abuses in the course of criminal prosecution in a private, private-public and public order are analyzed, a comparison of offenses is made in relation to qualifications according to the norms of the Criminal Code of the Russian Federation. The analysis of the system of special criminal law norms has revealed imperfections in which the abuse of the subjects of criminal prosecution is criminalized.