Academic literature on the topic 'Procedural-protective legal relations'

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Journal articles on the topic "Procedural-protective legal relations"

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Spiridonov, P. E. "The regulatory and protective nature of administrative and procedural legal relations." Law Enforcement Review 8, no. 3 (2024): 102–11. http://dx.doi.org/10.52468/2542-1514.2024.8(3).102-111.

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The article attempts to analyze administrative and procedural legal relations from the point of view of characterizing the ratio of their regulatory and protective nature.The methodological basis of the article is dialectical, formal-logical methods, formal-legal method and method of interpretation of law.The paper calls into question the possibility of using the protective legal relationship as a basis for distinguishing procedural and material legal relations. The author argues that not all activities and actions that have a protective nature and are carried out in the process of public admi
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Zaycev, Igor'. "Theoretical understanding of the social functions of administrative responsibility: negative and positive aspects." Legal Science and Practice: Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia 2024, no. 3 (2024): 100–109. http://dx.doi.org/10.36511/2078-5356-2024-3-100-108.

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The article attempts to consider the social functions of administrative responsibility from the perspective of the general theory of law and legal responsibility, taking into account the negative and positive aspects implemented within the framework of administrative procedural legal relations. The author’s understanding of the functions of law, positive and negative forms of legal and administrative responsibility is given, a new original view is proposed on the protective functions of administrative responsibility, which have a socially oriented orientation, ensuring the regulation of public
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Doiar, Ye. "Norms of administrative procedural law: the concept and some aspects of the relationship with the rules of substantive administrative law." Uzhhorod National University Herald. Series: Law, no. 69 (April 15, 2022): 272–80. http://dx.doi.org/10.24144/2307-3322.2021.69.46.

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An attempt is made to analyze the features and essence of the rules of administrative procedure, as well as some aspects of their relationship with the substantive rules of administrative law. In particular, it is noted that the rules of administrative procedural law: are the primary elements of the system of administrative procedural law; are derived from the rules of administrative law, as they provide sufficient procedural conditions for the implementation of its regulatory, protective and procedural rules; have a specific structure due to the sphere of objectification; enshrined in the Cod
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Leshchina, E. L. "The Legal Nature of Public Service Disputes concerning the Legality of Imposition of Disciplinary Sanctions." Lex Russica, no. 9 (October 2, 2021): 21–31. http://dx.doi.org/10.17803/1729-5920.2021.178.9.021-031.

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The paper examines the concept of a public service dispute as a type of a legal conflict, as a protective legal relationship and a juridical procedural activity. The author analyzes the modern terminology of a public service dispute enshrined in the legislation regulating public service, identifies the shortcomings of legal definitions. The author establishes and describes the mechanisms for the consideration of public service disputes provided for by the legislation.The main approaches to the definition of a public service dispute are analyzed. The author has highlighted its features as a com
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FOMIN, A. A. "THE RIGHT TO JUDICIAL PROTECTION AS A CONSTITUTIONAL PRINCIPLE OF JUSTICE (ON THE EXAMPLE OF CIVIL PROCEDURE)." Herald of Civil Procedure 11, no. 1 (2021): 89–106. http://dx.doi.org/10.24031/2226-0781-2021-11-1-89-106.

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Procedural and legal principles, among which the right to judicial protection is of fundamental importance, reflect the specific patterns of judicial protective legal relations, innovative ideas of procedural legal doctrine and the results of the development of judicial practice. The procedural principles of law serve as criteria for assessing the effectiveness of the country’s judicial and legal policy and further modernization of the judicial and judicial legislation. An algorithm for the formation of the principles of law, including the principles of civil (arbitration) legal proceedings, w
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Pylypyuk, O. M. "Administrative and legal support for the implementation of constitutional rights and freedoms of man and citizen: essence, concept and features." Analytical and Comparative Jurisprudence, no. 2 (April 28, 2025): 677–83. https://doi.org/10.24144/2788-6018.2025.02.101.

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The article outlines the features of administrative-legal support for the implementation of constitutional rights and freedoms of man and citizen. In particular, the following are: its legal nature, which is expressed in the normative consolidation within the framework of legal support of substantive legal rules of conduct (regulatory aspect) and procedures for compulsory enforcement of their observance by the state (protective aspect); its public-legal nature, which is associated with the fact that administrative-legal support is primarily aimed at social relations regulated by the norms of a
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KOMISSAROVA, E. G., and T. V. KRASNOVA. "ALIMONY CLAIMS ACTUAL CAREGIVERS OF THE CHILD: PROCEDURAL FEATURES COURT PERMISSION." Herald of Civil Procedure 11, no. 3 (2021): 236–58. http://dx.doi.org/10.24031/2226-0781-2021-11-3-236-258.

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This article is devoted to theoretical research problems of interaction and correlation material-legal and procedural components in the structure of such a phenomenon as the actual upbringing of a child and the legal consequences that it entails. The “semilegal” regime of this type of relationship, associated with the legislative non-obviousness of their subjects, as well as the criteria for the occurrence of legal consequences of such education, introduces significant features to procedural relations. The authors make one of the few scientific attempts to investigate these features. The subje
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Saraçi, Aida, and Blendi Himçi. "Autonomy in balance: Prenuptial agreements between contractual freedom and family law." Multidisciplinary Science Journal 7, no. 12 (2025): 2025663. https://doi.org/10.31893/multiscience.2025663.

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Prenuptial agreements serve as a legal instrument for the preliminary regulation of property relations between spouses, reflecting the principle of contractual autonomy in family law. This study aims to analyze the recognition and functioning of this institution within the Albanian legal system, specifically under the Family Code and Civil Code, as well as the challenges encountered in its practical implementation. Employing a doctrinal, normative, and comparative methodology, the study examines existing legal gaps, limitations on the exercise of contractual autonomy, and the need for protecti
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Grishin, Dmitry A., and Alexander S. Dugenets. "Dugenets A.S. Administrative liability: features of legal relations involving correctional agencies." Law Enforcement Review 4, no. 4 (2020): 115–23. http://dx.doi.org/10.24147/2542-1514.2020.4(4).115-123.

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The subject of the research is the modern administrative law and administrative procedural doctrine shaping the view of the contents and nature of the legal relationship of administrative liability involving correctional agencies. The purpose of the article is to confirm or disprove the hypothesis about significant features of legal relations of administrative liability arising, developing and terminating in the field of execution of criminal penalties. The methodology includes systematic analysis of legal academic literature, interpretation of Russian legislation on administrative offences. T
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Zokirov, T. Z. "Prerequisites of the principle of federalism in the legal regulation of administrative responsibility (on the example of managerial decisions)." Courier of Kutafin Moscow State Law University (MSAL)), no. 5 (July 15, 2024): 199–207. http://dx.doi.org/10.17803/2311-5998.2024.117.5.199-207.

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This article considers the prerequisites for the emergence of the principle of federalism in the legal regulation of administrative responsibility in the unitary Russian state before 1918, in terms of the development and continuity of managerial decisions in proceedings on cases of administrative offenses as a mechanism for the implementation of administrative responsibility. The thesis about the isolation of administrative responsibility in the public law of the pre-revolutionary Russian state is taken as a basis. Attention is paid to the forms of individual managerial decisions, through whic
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Dissertations / Theses on the topic "Procedural-protective legal relations"

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Шумило, Михайло Миколайович, Михаил Николаевич Шумило та Mikhailo M. Shumylo. "Правовідносини у сфері пенсійного забезпечення в Україні". Thesis, Одеса, 2016. http://hdl.handle.net/11300/5096.

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Шумило М.М. Правовідносини у сфері пенсійного забезпечення в Україні: дис. ... докт. юрид. наук: 12.00.05 / Шумило Михайло Миколайович. - Одеса, 2016. - 680 с.<br>Дисертація на здобуття наукового ступеня доктора юридичних наук за спеціальністю 12.00.05 - трудове право; право соціального забезпечення. - Національний університет «Одеська юридична академія», Одеса, 2016. Дисертація присвячена всебічному та комплексному дослідженню актуальних теоретичних і практичних проблем правовідносин у сфері пенсійного забезпечення України. Здійснено грунтовний аналіз теоретичних засад та розвитку вчення про
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Book chapters on the topic "Procedural-protective legal relations"

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Poto, Margherita Paola, and Giulia Parola. "The Foundations: ECO_CARE." In Building Bridges for Effective Environmental Participation: The Path of Law Co-Creation. Springer Nature Switzerland, 2024. http://dx.doi.org/10.1007/978-3-031-52791-3_1.

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AbstractThis chapter outlines the primary objective of the ECO_CARE project: establishing a cooperative governance framework that legally recognizes water and communities as living entities with inherent rights. The chapter underscores the crucial role of water in sustaining life and argues for an ecologically integrated approach to water sustainability and governance, critically analysing the inadequacies of top-down approaches in meeting global environmental goals. Water-related challenges such as scarcity, contamination, and unequal distribution are identified, leading to environmental stre
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Karović, Sadmir. "Savremeni izazovi u krivičnom pravu Bosne i Hercegovine – očekivanja i stvarnost." In Uporednopravni izazovi u savremenom pravu - In memoriam dr Stefan Andonović. Institut za uporedno pravo; Pravni fakultet Univerziteta u Kragujevcu, 2023. http://dx.doi.org/10.56461/zr_23.sa.upisp_sk.

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In this paper, we recognize and identify contemporary challenges, problems and dilemmas faced by the criminal justice system in terms of an effective and energetic fight against crime, especially in the part related to incrimination, i.e. the prescription of new criminal offenses as well as adequate legal responses, i.e. procedural solutions in connection with the detection and proof of criminal acts. The focus of interest is primarily the adequacy of the legal norm in the context of reform processes, then the tendency to humanize modern criminal law (protection of human rights and freedoms),
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