scholarly journals Animals as a subject of registered stocks

2020 ◽  
Vol 54 (2) ◽  
pp. 573-589
Author(s):  
Bojan Pajtić
Keyword(s):  
Animal Welfare ◽  
Legal Status ◽  
Legal Regulation ◽  
Domestic Animals ◽  
Civil Code ◽  
Maximum Amount ◽  
Practical Reasons ◽  
Legal Regulations ◽  
The Law ◽  
Preliminary Draft

The adoption of the law that has introduced non-possessory lien securing the movable property and rights (colloquially called Act on registered pledge), allowed the commitment of animals, through registration in the register of stocks in the Business Registers Agency. The topic has been chosen, both because of the practical reasons (more and more domestic animals are being registered as collaterals in the Register), and because there are no articles on this topic in our legal science. In the article the emphasis is placed on the regulation of the legal status of animals, especially in the Act on registered bets, the Law on Obligations and Preliminary Draft of Serbian Civil Code. Special attention was devoted to the Animal Welfare Act, because of the provisions of this legal regulation that follow a series of obligations for the sides in the contract of registered pledge, as well as certain restrictions with regard to the animal as an object of inventory. Although our legislature is obliged, in accordance with the obligation of harmonizing national legal regulations with EU regulations, to implement higher standards in the treatment of animals as beings who have feelings, it is only partially done in our law. Draft Civil Code retains an approach that had the Law of Obligations Act 1978, treating animals as classical chattel. Such an approach has been abandoned in all the most important civil codification. The paper presents the proposals relating to the improvement of the existing legislation in this area. Proposals for amending the Law on registered pledges are defined in relation to issues not resolved by this piece of legislation, such as the question of the legal status of unborn offspring. It points to the practices of the Agency for Business Registers that is not based on law, which involves entering the maximum amount of credit to pledge any security. Despite the Act did not define the registered pledge restrictions in the case of animal advocacy, the paper, by applying provisions of the Animal Welfare Act, indicates which species should be excluded from the circle of potential subjects of pledge security, but also indicates the species that have not been registered ever, without obvious practical reasons, or formal ban.

scholarly journals SOME TRENDS IN DEVELOPMENT OF THE RUSSIAN CIVIL LAW PROCESS: IMPACT OF THE DOCTRINE AND FOREIGN PRACTICES

2015 ◽  
Vol 1 (5) ◽  
pp. 0-0
Author(s):  
Сергей Синицын ◽  
Sergey Sinitsyn
Keyword(s):  
Law Enforcement ◽  
Large Scale ◽  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Legal Regulations ◽  
Dynamic Development ◽  
The Law ◽  
Market Relations ◽  
Law Making

Codification of civil legislation is not a one-time random phenomenon in law; it is preceded by a long and meticulous work which in modern Russia pursues the aims of creating legislation sources’ system levels that ensure stable, large-scale and comprehensive legal regulation of market relations required by the turnover. Work on modernization and renewal of the Civil Code forms an integral part of codification, it shows dynamic development of the system of civil legislation. Objectives of the civil legislation codification in ХХ—ХХI involve elimination of contradictions in legislation, regulatory consolidation of new law doctrines, well-established in law enforcement practice, their structuring in the sources of civil legislation system, rationalization of legal regulations. Status of legislation and its evaluation predetermine the tendencies of its development in future, allow forecasting, designating possible risks and priorities of the law-making process.

Comparative analysis of normative legal acts on the execution of criminal penalties in the initial stage of the formation of the Russian state for the implementation of equality principle before the law

2021 ◽  
pp. 752-765
Author(s):  
Nikolai S. Kovalev
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Equal Rights ◽  
Scientific Methods ◽  
Soviet State ◽  
Labor Legislation ◽  
Initial Stage ◽  
Russian State ◽  
General Scientific ◽  
The Law

The object of the study is the implementation of equality principle before the law by fixing equal rights and obligations of prisoners in the normative legal acts of the Soviet state. The subject of research: provisions of normative legal acts of the Provisional Government, departmental normative acts of the People’s Commissariat of Justice of the RSFSR and People’s Commissariat for Internal Affairs of the RSFSR. As a methodological basis for cognition, general scientific methods of analysis, synthesis, induction, de-duction are used, which allow us to investigate aspects of legal reality directly related to the implementation of the principles of penal enforcement (correctional labor) legislation, to formulate reasonable conclusions. Private scientific methods: formal-legal and comparative-legal – allow us to identify differences in the legal regulation of the legal status of prisoners in the pre-war period. As a result of the conducted research, we make a reasonable conclusion that the principle of equality before the law, although it was not enshrined in specific norms regulating the procedure for the execution and serving of imprisonment, however, was manifested in the provisions regulating the legal status of persons deprived of liberty. The notions of equality before the law of both citizens in general and prisoners in particular were not the fundamental basis of the legislation of the Soviet State. Prisoners were differentiated on the basis of social affiliation, due to: 1) the principle of class approach proclaimed by the Constitution of the RSFSR; 2) the functioning of two systems of places of deprivation of liberty for prisoners with different social status; 3) regulating the execution (serving) of sentences in the form of deprivation of liberty by various regulatory legal acts.

scholarly journals Legal status of the company's share in own authorized capital under the Law of Ukraine “On limited and additional liability companies”: problems of legal regulation

2021 ◽  
Vol 11/1 (-) ◽  
pp. 31-36
Author(s):  
Volodymyr TSIUPRYK
Keyword(s):  
Legal Status ◽  
Limited Liability ◽  
General Meeting ◽  
Legal Regulation ◽  
Legal Nature ◽  
The Law ◽  
The Right ◽  
A Company ◽  
Authorized Capital ◽  
A Share

Introduction. Nowadays, the issue of determining the legal status of the company's share in the own authorized capital of LLC and TDV has become quite acute, as evidenced by the adoption on July 28, 2021 by the Commercial Court of Cassation in Case № 904/1112/20, in which the Court established a new approach legal nature of such a phenomenon and expressed his own position on the understanding of the legislation concerning the legal status of the share of LLC and TDV in its own authorized capital. Given that a limited liability company is the most popular type of legal entity that is chosen to conduct business in Ukraine, the analysis of this issue is relevant. Some scientific value for the development of the transfer of the participant's share are the works of individual authors devoted to the study of the legal nature of the share in the authorized capital but the problems arising around the legal status of the company. in their own authorized capital in these works were only mentioned along with others, but did not receive a detailed separate study. The purpose of the paper is to analyze the normative regulation of the legal status of the company's share in the own authorized capital of LLCs and ALCs, identification of shortcomings in their legal regulation and implementation, as well as the search for ways to eliminate them. Results. One of the most relevant decisions concerning the subject of this article is the Judgment of the Commercial Court of Cassation in case № 904/1112/20 of July 28, 2021. The court in this case found that the votes attributable to the share belonging to the company itself are not taken into account when determining the results of voting at the general meeting of participants on any issues. However, Ukrainian legislation does not contain any direct norms that would prohibit the exercise of the right to manage a company in relation to itself on the basis of a share in its own authorized capital. That is why the company cannot be a participant in relation to itself, although they seem logical, but do not have sufficient regulatory support, and therefore do not allow to be firmly convinced of their compliance with the law. In view of this, it can be stated that there is a significant gap in the national legislation on this issue, which, in our opinion, the Court failed to “fill” with this decision in the case. Conclusion. In the Ukrainian legislation at the level of the Law of Ukraine “On Limited and Additional Liability Companies” Article 25 defines the possibility for a company to acquire a share in its own authorized capital. However, the regulation of the legal status of such a share cannot be called sufficient, due to which in practice there are certain problems in the implementation of the provisions of the legislation concerning the share of the company in its own authorized capital. The solution of these legal problems is necessary to ensure the highest quality and clarity of the law, as well as to form case law with common approaches to understanding a single rule.

scholarly journals Implementation of the Provisions of the European Convention for the Protection of Pet Animals into Ukrainian Legislation: Some Theoretical and Applied Aspects

2021 ◽  
Vol 30 (3) ◽  
pp. 29-45
Author(s):  
Nadiia Kobetska ◽  
Lesia Danyliuk
Keyword(s):  
Animal Welfare ◽  
Animal Rights ◽  
Legal Regulation ◽  
European Convention ◽  
General Nature ◽  
Legislative Process ◽  
Legal Representation ◽  
The Law ◽  
European Standards ◽  
Legal Mechanism

European integration processes in Ukraine have led to the approximation of national legislation to European standards, including pet handling. The first and currently the only ratified European convention in Ukraine on protection and ensuring animal welfare is the European Convention for the Protection of Pet Animals. The article describes the major doctrinal, legislative and practical aspects of implementing this Convention into Ukrainian law. The legal regulation of the humane treatment of domestic animals in Ukraine is based on the Law of Ukraine on the protection of animals from cruel treatment, its provisions being of a general nature, and detailed solutions are found in other laws and regulations. Detailed rules for dealing with pets are determined by municipalities and they are implemented in the relevant administrative and territorial units. The concept of “animal rights”, despite its proclamation in the preamble to the Law of Ukraine on the protection of animals from cruel treatment, has no formal legal representation and reflection in Ukrainian legislation. Nevertheless, Ukrainian legal academic doctrine, legislative process and law enforcement practice are currently embodying the concept of animal welfare. The development and implementation of a coherent legal mechanism for pet handling is the major contributing factor in achieving pet welfare, therefore Ukraine needs a clear strategy to improve its legal regulation.

Peculiarities of Individual Judicial Regulation of Relations with Participation of Peasant (Farm) farms

2021 ◽  
Vol 2 ◽  
pp. 27-33
Author(s):  
V.A. Chirkova
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Legal Form ◽  
Peasant Farmer ◽  
Legal Entity ◽  
Analysis And Synthesis ◽  
Peasant Farm ◽  
Legal Document ◽  
General Scientific ◽  
The Law

The legal regulation of relations with the participation of peasant (farmer) farms is complicated by the absence of a single legal act that would consistently cover all the rules governing the creation and activities of known types of peasant farms, which include: a sole peasant farm represented by an individual entrepreneur, a contractual association of citizens without the formation of a legal entity and peasant farms as the legal form of a legal entity. Individual judicial regulation, possessing a sign of feedback for legal regulation, can help increase its effectiveness. The purpose is to study the characteristics of individual judicial regulation of relations with the participation of peasant (farmer) enterprises on the example of individual judicial acts, as well as suggesting ways to resolve the problems identified. To achieve the stated goal, the following tasks were set: – designation of peasant farms confirmed by court decisions on disputes involving them; – the identification and study of the features of individual judicial regulation of relations with the participation of these types of peasant farms; – consideration of the possibility of application by courts of an analogy of the law in relation to peasant farms; – suggesting ways to address the identified problems of individual judicial regulation of relations with the participation of peasant farms. The methodological basis of the study consists in the use of general scientific (dialectics, analysis and synthesis) and private scientific research methods (formal legal, document analysis method). Brief conclusions of the study. 1. The marked differentiation of types of peasant farming makes it possible to specify the features of legal and individual regulation of each of them, and also makes it possible to exclude the accidental application of improper legislation in relations with the participation of peasant (farm) farms. 2. To determine the characteristics of individual types of farms, it is necessary to accurately determine the basis for the occurrence of each of them. 3. The application of the analogy of the law to peasant farms as partnerships or societies should be excluded, and the full identification of farms with these legal entities should not be allowed. 4. A special law that would determine the particular legal status of the peasant economy as a legal entity in accordance with clause 5 of article 86.1 of the Civil Code has not yet been adopted.

The Law of Successions I: Intestacy Under Catalan Law

2014 ◽  
Vol 42 (1) ◽  
pp. 28-34
Author(s):  
Jaume Tarabal Bosch
Keyword(s):  
Legal Regulation ◽  
Civil Code ◽  
The Law ◽  
Law Of Succession

This paper provides an overview of the legal regulation of intestate succession in Catalonia. In particular, it explores the principles that govern its operation and the main novelties introduced in it by the Law 10/2008, of 10 July, which enacted Book IV of the Catalan Civil Code, on the law of succession.

Legal Regulation of Adjudication in Civil Code of the Russian Federation (Issues of Conflict Rules)

2015 ◽  
Vol 3 (5) ◽  
pp. 0-0
Author(s):  
Татьяна Лазарева ◽  
Tatyana Lazaryeva
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Legal Regulation ◽  
Civil Code ◽  
Private International Law ◽  
Conflict Of Laws ◽  
The Russian Federation ◽  
The Law ◽  
Contractual Obligations ◽  
Rome I

The article deals with conflict of laws regulation of transfer of creditor’s rights to another person (assignment of claims (cessions) and transfer of rights under the law) in terms of amendments to Part III of the Civil Code of the Russian Federation. The author notes that though amendments to the separate article on cession are not fundamental, the amendments of other articles of the Civil Code of the Russian Federation, concerning contractual obligations, do influence regulation of relations between the parties in assignment. The article pays special attention to the new conflict of law rule regulating the transfer of the creditor’s rights under the law. Relevant court practice is analyzed. On the basis of comparing legislations of specific countries, as well as norms of EC No. 593/2008 (‘‘Rome I’’) Regulation and EC No. 864/2007 (‘‘Rome II’’) Regulation the author draws the conclusion that despite some differences in conflict of laws regulation of the transfer of the creditor’s rights, in general the Russian rules comply with modern trends in private international law in the majority of European countries.

scholarly journals An Alternative View of the Legal Regulation of Civil Law Relations in the Digital Economy

2021 ◽  
Vol 16 (8) ◽  
pp. 52-62
Author(s):  
L. G. Efimova
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Legal Regulation ◽  
Digital Economy ◽  
Civil Code ◽  
Alternative View ◽  
Electronic Document ◽  
Digital Rights ◽  
The Russian Federation ◽  
The Law

The paper substantiates the author’s proposal to amend the Civil Code of the Russian Federation, which is explained by the gradual creation of a digital economy in the Russian Federation. In particular, the author has examined and solved the following problems of the legal regulation of civil law relations in the context of digitalization: the problem of identifying the object of digital rights, the problem of legal qualification of the electronic form of the transaction, the problem of using a smart contract in civil transactions, the problem of using blockchain technology to create mixed payment systems. The paper proposes a non-standard solution to each of these problems—the author has prepared a draft federal law "On Amendments to Parts One and Two of the Civil Code of the Russian Federation in terms of legal relations arising in cyberspace." In particular, the author proposes to define digital rights as the absolute and relative rights to digital property named in this capacity, the content and conditions of implementation of which are determined by the law and the rules of the information system (protocol) that meets the characteristics established by the law. In the author’s opinion, an electronic document can exist in the form of a machine information file of any format or a computer program that meets the characteristics of an electronic document.

scholarly journals Implementing a Person's Right to Privacy When Using Their Biometric Material

2019 ◽  
Vol 12 (5) ◽  
pp. 38
Author(s):  
Alsu Machmutovna Khurmatullina ◽  
Evgeniy Batyrovich Sultanov ◽  
Rimma Rashitovna Amirova ◽  
Olga Mikhailovna Smirnova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Personal Data ◽  
Legal Regulation ◽  
Structural Method ◽  
Right To Privacy ◽  
Scientific Methods ◽  
The Russian Federation ◽  
The Law ◽  
The Right

The significance of regulating people's personal data in the context of implementing each person's right to privacy of personal life and family life becomes especially crucial for the purposes of ensuring biogenetical safety of people in Russia. This requires raising the issue of implementing the right to privacy in the context of the biotechnological revolution. The special legal significance of this issue in the Russian Federation is connected with the passing of such laws as the Law "On personal data" and the Law "On state genome registration in the Russian Federation". This article analyzes the legal status of biometric personal data. We note the need for legal regulation of the protection of biometric information as confidential data. The results of this research are based on using the following methods: universal dialectical method of scientific cognition, as well as general scientific methods based on it (description, analysis, synthesis, induction, deduction, comparison, analogy, generalization) and specific scientific methods (comparative law method, systematic structural method and formal law method).

scholarly journals State Service in the Law Enforcement Sphere and Its Major Features

2020 ◽  
Vol 14 (4) ◽  
pp. 576-580
Author(s):  
Roman V. Nagornykh
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
Legal Regulation ◽  
Regulation Mechanism ◽  
State Service ◽  
Legal Enforcement ◽  
Functional Features ◽  
The Law ◽  
Characteristic Features ◽  
Enforcement Activity

The article investigates the main features of state service in the law enforcement sphere and the place of state service in administrative and legal regulation mechanism. The goals of the work are as follows: to consider state service in the law enforcement sphere as a single legal category, to reveal its essence and characteristic features as a social system, to provide a scientific classification of its constituent elements and disclose their administrative and legal content. We highlight the following main functional features of those state bodies the service in which can be called law enforcement activity: state and power-based nature of activity, exercising executive and administrative powers, special functional and target purpose, application of special measures of legal influence based on the use of persuasion and coercion methods, and a special legal status. We conclude that practical solution to the question of classifying state service in a particular state body as law enforcement activity may be found through legislative definition of the concept of law enforcement activity of the state, law enforcement functions of state authorities, and the system of state authorities exercising law enforcement functions. Key words: state service, administrative and legal regulation, law enforcement activity, law enforcement functions, legal enforcement.

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