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Journal articles on the topic 'Subject of civil law'

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1

Хохлов, Вадим, and Vadim Khokhlov. "Subject matter of civil law." Advances in Law Studies 2, no. 2 (2014): 40–52. http://dx.doi.org/10.12737/5575.

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Given overall evaluation of subject matter of civil law, correlation
 with «civil regulation», proposed to continue the establishment
 of definition, which coming from the combining interpretation
 of private autonomy; referred to fact that civil standards can function
 when there are no express reference. Author defends precedence of
 law relations as the leading form of legal regulation.
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2

Macsim, Cristian. "Legal Person Subject to Civil Law." Logos Universality Mentality Education Novelty: Law 9, no. 1 (2021): 13–23. http://dx.doi.org/10.18662/lumenlaw/9.1/52.

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The legal person, now a distinct institution in its own right, regulated as such in the Romanian Civil Code, is the result of a long process of modernisation of Romanian legislation, but also of its harmonisation with international regulations which unanimously recognise the legal person as a subject of law. The notion of legal person was born in private law and has been and is used in all branches of law. Legal persons are distinct subjects in civil law or commercial law legal relationships. The legal person is a subject of law with a wide scope in the legal circuit. Commercial companies, aut
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3

Goncharova, Alina, and Dmytro Murach. "ARTIFICIAL INTELLIGENCE AS A SUBJECT OF CIVIL LAW." Knowledge, Education, Law, Management 1, no. 3 (2020): 153–59. http://dx.doi.org/10.51647/kelm.2020.3.1.26.

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4

Арсланов, Камиль, and Kamil Arslanov. "Absolute relations in the subject of civil law." Advances in Law Studies 2, no. 2 (2014): 69–76. http://dx.doi.org/10.12737/5578.

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The article studies one of the central categories of civil law,
 which is civil legal relations. The category of legal relations that builds
 the subject of civil law, that receives the cleared fixation in legal acts, including
 the unified acts (Civil Code of the Russian Federation), causes
 until present time different discussions in the civil legal science. This is
 indicated of scientific researches of Soviet and Russian scientists since
 middle of 20th century.
 The fundamental division of legal relations into absolute and relative
 relations tries
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5

Slesarev, V. L. "A New Research on the Russian Federation as a Subject of Civil Law (To Publication of the Monograph by Dr. Sci. (Law), Professor V. G. Golubtsov "The Russian Federation as a Subject of Civil Law" (Moscow: Statut; 2019))." Lex Russica, no. 9 (September 18, 2020): 165–69. http://dx.doi.org/10.17803/1729-5920.2020.166.9.165-169.

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The review covers the monograph by Dr. Sci. (Law), Professor V. G. Golubtsov "The Russian Federation as a Subject of Civil Law" (Moscow, 2019). The reviewer appreciates the following. Firstly, the aspect of research, namely a complete and comprehensive analysis of the status of the Russian Federation as a subject of civil law, and the way the author considers these problems from the standpoint of civil law. Secondly, deeply reasoned monographic position give a great opportunity to reflect on the set of the problems and proposed solutions and to maintain or introduce more or different positions
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6

Yuliska, Edwin. "TERPENUHIKAH UNSUR PIDANA PENGUASAAN TANAH YANG SAMA-SAMA BELUM MEMILIKI SERTIFIKAT TANDA BUKTI HAK." Ensiklopedia Sosial Review 2, no. 1 (2020): 83–87. http://dx.doi.org/10.33559/esr.v2i1.473.

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Law in Indonesia adheres to the Continental European legal system which is divided into two groups, namely the field of public law and the field of private law. Public law is a law that has a scope of legal subject to dispute with legal objects, namely state administration law, state administrative law, and criminal law. While private law is a field of law that has the scope of affairs of legal subjects that conflict with other legal subjects. But sometimes law enforcement often fails to understand these two legal systems, which cannot distinguish between criminal and civil ones, thus confusin
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7

Reshetnikova, I. V., and Ye A. Tsaregorodtseva. "Subject of Civil Procedural Law: Historical and Legal Analysis." Courier of Kutafin Moscow State Law University (MSAL)), no. 12 (March 16, 2022): 50–60. http://dx.doi.org/10.17803/2311-5998.2021.88.12.050-060.

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The article deals with the formation of the subject of legal regulation of civil, arbitration, administrative procedural law from 1864 to the present. Trends in a narrow and broad understanding of the subject of legal regulation, unification and differentiation of law in different time periods.The specifics of considering cases of a public law nature in courts of general jurisdiction (according to the rules stipulated by the CAS RF and the Code of Administrative Offenses of the RF) and in arbitration courts on the basis of the application of the Arbitration Procedure Code of the Russian Federation
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8

Jensen, Dennis Ramsdahl. "Subjektafgrænsning i det fælleseuropæiske momssystem – En trist rejse fra FCE Bank til Crédit Lyonnais." Nordic Tax Journal 1, no. 1 (2014): 102–22. http://dx.doi.org/10.1515/ntaxj-2014-0006.

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Abstract The issue regarding output taxation, input deduction and determination of the place of taxation in VAT law is inextricably linked with a correct fact determination. This is also the case in relation to a delimitation of the individual tax subject including the question whether related subjects/units should be acknowledged as independent tax subjects, or whether they should qualify as one subject/ one unit in a legal VAT context instead. A coherent analysis of selected ECJ rulings of relevance for the delimitation of each tax subject shows that subject delimitation in national civil la
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9

Barishpolskaya, Tatyana Yu. "The role of Professor of Tomsk State University V.N. Shcheglov in the development of the theory of civil procedure law." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 43 (2022): 125–31. http://dx.doi.org/10.17223/22253513/43/10.

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I dedicate the article to Professor of the Department of Civil Law and Process of the Faculty of Law of Tomsk State University, Doctor of Law, Honored The article highlights the role of the Professor of the Department of Civil Law and Procedure of Tomsk State University Viktor Nifonovich Shcheglov in the development of the theory and method of teaching civil procedural law. I can separate the main directions of V.N. Shcheglov’s research activities: the legality and validity of a court decision, civil procedural legal relationship, the problem of a “broad” understanding of civil procedure and t
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10

Yatsenko, Ivan. "Veterinary defects as a subject of forensic veterinary investigation." LAW. HUMAN. ENVIRONMENT 14, no. 4 (2023): 92–108. http://dx.doi.org/10.31548/law/4.2023.92.

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Defects in veterinary activities often cause epizootics that pose a threat to animal and human life and cause economic losses to livestock facilities. To prove the guilt of a veterinary practitioner in the occurrence of professional defects, forensic veterinary examination is essential. The study aims to formulate and characterise the conceptual and categorical apparatus of the phenomenon of defects in veterinary practice, to identify the signs of these defects in terms of forensic veterinary examination, and to propose amendments to the criminal, administrative and veterinary national legisla
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11

MURZEA, Cristinel-Ioan. "The subject, object and the duty to provide evidence." SERIES VII - SOCIAL SCIENCES AND LAW 13(62), no. 2 (2021): 77–82. http://dx.doi.org/10.31926/but.ssl.2020.13.62.4.9.

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In our usual language, the word “evidence” represents the mental and logical operation by which we attempt to prove something, to demonstrate, to emphasize a statement which provides credibility to a certain situation. The institution of evidence in the system of objective law was regulated in certain legal texts, with different regulations, from material law to procedural law, depending on the different factors which configure private law, but also in direct connection with the lawmaker’s interest. As a consequence, in the past, the matter of evidence was studied within the general theory of
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12

Fedoseev, Pyotr. "The Method of Civil Law: Regulation, Evaluation or Modeling?" Legal Concept 23, no. 2 (2024): 74–80. http://dx.doi.org/10.15688/lc.jvolsu.2024.2.9.

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Introduction: the paper discusses the problems of reevaluating the methods of civil regulation. The author argues with the researchers who speak in favor of rejecting the use of the term “regulation” in a private law context and replacing it with modeling or evaluating public relations regarding property and non-materialized goods. The author of the paper believes that the issue of replacing the term “regulation” with “modeling” or “evaluation” is a dispute over terms. Law, as a social phenomenon, regulates public relations; however, the degree of influence of law on public relations depends o
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13

Ivaniyra, I., D. Shevchenko, Ye Khokhlenkova, and Ye Khokhlenkova. "Subject and subject jurisdiction in the plane of legal certainty: problems in civil procedure law." Analytical and Comparative Jurisprudence, no. 2 (July 24, 2022): 84–90. http://dx.doi.org/10.24144/2788-6018.2022.02.15.

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This article is devoted to the subject and subject-matter jurisdiction in the plane of legal certainty. The article analyzes the problems through the prism of legal certainty, arising when attributing a case to the competence of courts: general, administrative and economic because the civil legislation does not enshrine any rules of attributing a particular case to the competence of a particular court. Ukraine in 2014 chose the European vector of development, so the legislation, in particular the civil procedure, must meet the criteria of the rule of law, the foundation of which is the rule of
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14

Kress, Vyacheslav. "The Category of Objects of Civil Rights in the Spanish and Argentine Civil Law Interpretation." Journal of Foreign Legislation and Comparative Law 20, no. 4 (2024): 92. https://doi.org/10.61205/jzsp.2024.4.5.

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The subject of this study is the norms of Spanish and Argentine civil law on objects of civil rights, which are things (cosas), property (propiedad) and objects of the “patrimonio” category, which have no analogue in Russian civil legislation. A distinctive feature of Spanish law is an open list of limited proprietary rights. Russian legislation contains a legal category of objects of civil rights, the content of which in terms of the ratio of legal categories of things, property and property rights is extremely ambiguous, in addition, the nature of the fixed list of property rights (open or c
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15

Banasevych, Iryna I., Ruslana M. Heints, Mariia V. Lohvinova, and Oksana S. Oliinyk. "Features of the legal status of subjects of Civil Law." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 2 (2021): 181–88. http://dx.doi.org/10.37635/jnalsu.28(2).2021.181-188.

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Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical iss
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16

Yudin, I. V. "SUBJECT OF FORENSIC EXAMINATION IN CIVIL LAW LEGAL PROCEEDINGS." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 6(72), no. 3 (2021): 121–25. http://dx.doi.org/10.37279/2413-1733-2020-6-3-121-125.

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The subject of judicial expertise is one of the basic concepts in expert activity, which has both scientific and practical significance. Currently, there are several different points of view regarding the concept of “subject of judicial expertise”, which indicates the need for a more in-depth study of this issue
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17

Golubtsov, Valery G. "The Russian Federation as a subject of Civil Law." Gosudarstvo i pravo, no. 6 (2020): 54. http://dx.doi.org/10.31857/s013207690009937-2.

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18

Stepkin, Stanislav P. "JOINT STOCK COMPANY AS A SUBJECT OF CIVIL LAW." RSUH/RGGU Bulletin. Series Economics. Management. Law, no. 1 (2018): 141–49. http://dx.doi.org/10.28995/2073-6304-2018-1-141-149.

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19

Gongalo, Bronislav M. "The method of Veniamin Fedorovich Yakovlev." Gosudarstvo i pravo, no. 8 (October 27, 2024): 15–25. http://dx.doi.org/10.31857/s1026945224080026.

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The article is devoted to the main work of the Soviet and Russian statesman, legal scholar, Corresponding Member of the Russian Academy of Sciences, Doctor of Law, Professor, Honored Lawyer of the RSFSR Veniamin Fedorovich Yakovlev. This work is the only monographic study of the method of Civil Law in the Russian literature. The article presents the key positions of V. F. Yakovlev’s research on the method of Civil Law and their perception in the Russian doctrine: the connection with the subject of Civil Law, the disclosure of its main feature – the right of ownership, as well as dispositivity.
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20

Sobiech, Maciej, and Agnieszka Sobiech. "Taxation of contracts (articles of association) and amendments to company contracts (articles of association) under the Act on tax on civil law transactions (part 1)." Doradztwo Podatkowe - Biuletyn Instytutu Studiów Podatkowych 3, no. 283 (2020): 4–9. http://dx.doi.org/10.5604/01.3001.0014.0628.

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The subject of taxation with this tax are civil law transactions enumerated in art. 1 of the PCC Act. Unnamed civil law transactions as well as activities not listed in the catalog contained in this article are not taxable. The tax on civil law transactions – as an indirect tax – is a complement to the regulations on the tax on goods and services, i.e. it includes primarily reliable turnover of assets. The activities charged with the tax on civil law transactions are enumerated in art. 1 of the PCC Act. This means that those activities that were not explicitly listed by the legislator in the c
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21

Яковлев, Вениамин, Vyeniamin YAkovlyev, Эльвира Талапина, and Elvira Talapina. "Juridical Persons and Subjects of Public Law: in Legal Balance Search." Journal of Russian Law 4, no. 8 (2016): 0. http://dx.doi.org/10.12737/20909.

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The joint position of civil and administrative law specialists concerning an opportunity and need to obtain by public law subjects of the juridical person status is presented in this article. Public entity is a civil law subject, but it is presented by its public bodies. Considering features of public authorities as juridical person, authors draw the conclusion about a secondary role of a civil status. The article suggests new classification of administrative law subjects for public and private subjects depending on their role in public administration. The category of the juridical person of p
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22

Vasiliev, Stanislav A. "The State and Civil Society as Subjects of Constitutional Law." Obŝestvennye nauki i sovremennostʹ, no. 4 (November 1, 2024): 80–93. http://dx.doi.org/10.31857/s0869049924040061.

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The relationship between the state and civil society as subjects of constitutional law is analyzed. The purpose of the study is to substantiate the thesis that these subjects, interacting, have a significant influence on each other, despite the impossibility of direct legal relations. The novelty of the work lies in the analysis of the relationship between subjects of constitutional law using the example of the most abstract actors. The conclusion is formulated that each of these subjects seeks to take an advantageous position for subsequent development. At the same time, civil society uses ex
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23

Amangeldy, Aizhan Amangeldykyzy. "INTERACTION OF INTELLECTUAL PROPERTY LAW WITH BRANCHES OF PRIVATE LAW." Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan 4, no. 75 (2023): 70–79. http://dx.doi.org/10.52026/2788-5291_2023_75_4_70.

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In this article, a study is conducted on the interaction of intellectual property law with branches of private law. In particular, the interaction of intellectual property law with civil law is substantiated. Intellectual property law acts as a sub-branch of civil law, respectively, the subject of legal regulation also consists of property and personal non-property relations that develop with respect to intellectual property objects. In turn, the exclusive right to intellectual property belongs to the category of property rights, and as a subjective right is one of the objects of civil rights.
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24

Kurnisar, Kurnisar, Sri Artati, Husnul Fatihah, and Edwin Nurdiansyah. "THE DEVELOPMENT OF MULTIMEDIA-BASED TEACHING MATERIALS IN THE CIVIL LAW COURSEWORK." JURNAL PENDIDIKAN ILMU SOSIAL 27, no. 1 (2018): 52. http://dx.doi.org/10.17509/jpis.v27i1.8611.

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This study aims to develop multimedia-based teaching materials in the lectures of Civil Law/Trade. This research uses ADDIE Model (Analyze, Design, Development, Implementation, and Evaluation Model) and the data is analyzed quantitatively. The subjects of the study are students who taking the Civil/Trade Law Coursework in odd semester 2017-2018. Based on the results, it can be concluded that the multimedia-based teaching materials that developed this valid, practical and potential effect in improving students' understanding of the subject of civil law / trade law with the assessment of 82.5% o
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SALOID, Stanislav, Serhii KYRYCHENKO, and Oleksandra KHLEBYNSKA. "The state as a subject of private international law." Economics. Finances. Law 2/2024, no. - (2024): 57–60. http://dx.doi.org/10.37634/efp.2024.2.12.

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The paper considers various aspects of international cooperation, in particular, the state's participation in civil-law relations that regulate international private law. The authors note that states participate in interstate public-law and civil relations that regulate private international law. The authors pay attention to the peculiarities of the legal status of the state in private legal relations, taking into account its sovereignty and ability to conduct international relations and conclude agreements. Aspects and roles of civil-law relations are considered, such as the state's involveme
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26

Anatoliy, Kostruba. "State in the system of subjects of civil law of Ukraine, Republic of Belarus and Russia." Право.by 52, no. 2 (2018): 100–107. https://doi.org/10.5281/zenodo.3966848.

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The article is devoted to studying the place of the state in the system of subjects of the civil law. It is noted that the realization of the interest of individual achieved by his/her individual actions, by means of combining individuals or a combination of capital, which leads to the creation of independent legal structure in the civil law, which becomes a fiction of the individual namely. Since the state is an alliance of the interests of persons united in a single social organism in order to ensure their implementation, it is logical that legal entity synthesizes not only the characteristi
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27

Volos, A. A. "Fundamental Categories of Civil Law in the Conditions of Digitalization of Society (on the Example of Banking Agreements)." Courier of Kutafin Moscow State Law University (MSAL)), no. 1 (March 24, 2023): 118–26. http://dx.doi.org/10.17803/2311-5998.2023.101.1.118-126.

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The author discusses the problems related the transformation of the theory of civil law in the situation of subjects and objects. It is noted that there is one fundamental question that can be divided into separate sub-questions. The question is if it is necessary to expand the legally established list of subjects/objects. Can new digital relationships be explained according to classical constructions? In order to solve these problems, the author proposes a “test on the principles of civil law”. It can be a theoretical and practical basis for solving the issue of changing fundamental approache
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28

Гордеюк, А. О. "Поняття особи у цивільному праві та його співвідношення з поняттями суб'єкта цивільного права, суб'єкта цивільних правовідносин, учасника цивільних відносин". Форум права 60, № 1 (2020): 29–36. https://doi.org/10.5281/zenodo.3577560.

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<strong>Постановка проблеми.</strong> Розмежування юридичних категорій та визначення співвідношення їх понять є актуальним напрямом дослідження у правовій науці та має важливе методологічне значення у сфері правового регулювання відповідних суспільних відносин. <strong>Метою</strong> статті є визначення у цивільному праві співвідношення понять особи з поняттями суб&#39;єкта цивільного права, суб&#39;єкта цивільних правовідносин й учасника цивільних відносин задля коректного вживання цих категорій у сфері правового регулювання цивільних відносин. <strong>Використані методи</strong> &ndash; мето
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29

Shtefan, Olena. "Doctrinal approaches to the definition of civil procedural law." Theory and Practice of Intellectual Property, no. 1 (June 11, 2021): 82–90. http://dx.doi.org/10.33731/12021.234201.

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Keywords: civil procedural law, civil process, civil proceedings, subject of civil procedurallaw&#x0D; The process of reforming procedural legislation, its harmonization, harmonization with theprinciples and standards of international law, as well as other processes taking place insociety and the state are the factors that affect the need to revise the doctrinal definitions of civil procedural law. One of the most developed issues in the theory of civil procedurallaw is its definition. In turn, the development of science is impossible without reviewingeven established doctrinal approaches and
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30

Kazikhanova, S. S. "Relations Developing in Arbitration Proceedings and the Subject of Civil Procedure Law." Actual Problems of Russian Law 19, no. 2 (2024): 46–53. http://dx.doi.org/10.17803/1994-1471.2024.159.2.046-053.

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The paper examines the question of whether relations developing in arbitration proceedings are included in the subject of civil procedure law. The author describes the positions of researchers and the arguments justifying them. In the paper, the author derives a criterion for the unification of public relations under the subject of civil procedure law. As such a criterion the paper defines an objective social need or interest in the legal regulation of certain public relations in a unified system of procedural safeguards (in a civil procedural form), taking into account the nature of these rel
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31

Рузанова, Валентина, and Valentina Ruzanova. "The problem of pecuniary nature of relation ships, included in the subject matter of civil law." Advances in Law Studies 2, no. 2 (2014): 58–67. http://dx.doi.org/10.12737/5577.

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The article is dedicated to revealing the essence of pecuniary&#x0D; relationships as part of the subject matter of civil law. Based on the&#x0D; analysis of existing doctrinal approaches the author ascertains attributes&#x0D; of these relationships and formulates their definition. The author reveals&#x0D; connection of civil legal relationship (subjective civil rights) with the&#x0D; subject matter of civil law, and for the first time in the literature it is&#x0D; concluded that they have common classification criterion. In the text&#x0D; the main groups of pecuniary relations regulated by di
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32

Sentsova (Karaseva), Marina V. "CIVIL AND TAX LAW: VICE VERSA." Law Enforcement Review 4, no. 1 (2020): 65–74. http://dx.doi.org/10.24147/2542-1514.2020.4(1).65-74.

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The subject of the research is the correlation of civil and tax law institutions in the scope of legal nature of such social relations.&#x0D; The purpose of the article is to confirm or refute the hypothesis that when qualifying civil legal relations with tax elements, the law enforcement officer should proceed from the priority of analysis of tax legislation over civil legislation.&#x0D; Methodology. Methods of analysis and synthesis are used. The scientific analysis focuses on decisions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, and co
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33

Fomina, O. Yu. "A Modern View on Persons Involved in a Case in the Works of M.S. Shakaryan." Actual Problems of Russian Law 19, no. 2 (2024): 90–96. http://dx.doi.org/10.17803/1994-1471.2024.159.2.090-096.

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The paper examines the main scientific works by Maria Sumbatovna Shakaryan, devoted to the problem of subjects in civil procedural law. The evolution of the author’s views on the definition of the concept of «persons involved in a case» is characterized, the criteria for their delimitation, as well as unifying features are determined. Based on an analysis of numerous works by M.S. Shakaryan, it is argued that the author distinguished between the concepts of «subject of civil procedural law» and «subject of civil procedural legal relations,» which was an essential aspect in determining the pers
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34

Nurmagambetov, Rashit Gabitovich, Simbat Kenzhebekovich Ukin, and Natalia Alexandrovna Nalizko. "NEW OBJECTS OF LAW CREATED BY DIGITAL TECHNOLOGIES AND LEGAL CONSEQUENCES OF LEGAL RELATIONS WITH THEM." Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan 4, no. 75 (2023): 53–60. http://dx.doi.org/10.52026/2788-5291_2023_75_4_53.

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In this article, the authors highlight the issues of the legal status of artificial intelligence. The authors note that the development of new technologies, to one degree or another, necessitates the legal regulation of emerging new social relations, including those related to digital technologies and artificial intelligence. At the same time, the authors distinguish two aspects related to the recognition of artificial intelligence as a subject of law, as well as a subject of legal relations. The first aspect, according to the authors, is related to the fact that if artificial intelligence is
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35

Habiburrahman Rizapoor. "Fundamentals of Contract Law in Islamic Law and Afghanistan Civil Law." Journal of Islamic Law and Legal Studies 1, no. 1 (2024): 27–36. http://dx.doi.org/10.70063/sharialex.v1i1.4.

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This research aims to discuss Sharia contracts, their definitions, types, permitted agreements, prohibited agreements, and other topics related to the research. This research used textual and analytical research. The findings of the resarch that contracts are very important in Islamic law and because of that Islamic scholars in the past and now wrote independent books on the subject and some of them wrote a specific chapter in their books on agreements and contracts based on Islamic law. This research also found that the main objective of Islamic law in regulating agreements and contracts is t
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36

Sacknova, T. V. "About the Subject of Civil Procedural Lawin the Context of Contemporary Reforms." Courier of Kutafin Moscow State Law University (MSAL)), no. 12 (March 16, 2022): 41–49. http://dx.doi.org/10.17803/2311-5998.2021.88.12.041-049.

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The active reform of civil procedural law in the twenty-first century has brought to the forefront the problem of the subject matter of its legal regulation. The civilistic procedure as a social phenomenon born of centuries of experience returns to its historical paradigm: actio habere — ius habere. According to the author, the basis of the subject matter of civilistic procedural law is a civilistic process in its ontological sense; the subject of legal regulation also includes relations not in the civilistic form of procedural procedure, but forming an integral part of civilistic legal proceed
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37

Ivanov, A. A. "EXPANSION OF THE SUBJECT OF CIVIL LAW: THE SOCIAL ASPECT." Zakon 16, no. 9 (2021): 94–103. http://dx.doi.org/10.37239/0869-4400-2021-16-9-94-103.

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38

Kazijanova, S. S. "Relations Developing in Enforcement Proceedings and the Subject of Civil Procedural Law." Courier of Kutafin Moscow State Law University (MSAL)), no. 12 (March 16, 2022): 61–70. http://dx.doi.org/10.17803/2311-5998.2021.88.12.061-070.

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The article considers the issue whether the relations developing in enforcement proceedings are included in the subject of civil procedural law. The important practical importance of the correct definition of the subject of the industry is indicated. The views of Professor A. K. Sergun on the nature of relations arising in connection with the enforcement of acts of jurisdictional bodies are considered. The author agrees with the position that the enforcement of court decisions is the final stage of civil proceedings, and the relations arising in enforcement proceedings are regulated by the branc
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39

Lichman, Leonid. "The influence of the norms of material and procedural law on the determination of civil jurisdiction of the case." Slovo of the National School of Judges of Ukraine, no. 1(34) (July 5, 2021): 64–78. http://dx.doi.org/10.37566/2707-6849-2021-1(34)-6.

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The article analyzes such a type of judicial jurisdiction as civil. The consequences of a judge's erroneous determination of the type of jurisdiction are noted. It is proposed to distinguish between civil jurisdiction in statics and dynamics. It is argued that subject and subject jurisdictions constitute the statics of the institution of jurisdiction. Instance and territorial jurisdictions are a manifestation of dynamics. Based on the case law of the Grand Chamber of the Supreme Court, criteria for delimitation of judicial jurisdictions are proposed. To establish the nature of the case, the ju
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40

Vincent, Keith. "Reforming Wildlife Law: The Law Commission Proposals for Wildlife Law and Wildlife Sanctions." International Journal for Crime, Justice and Social Democracy 3, no. 2 (2014): 67–80. http://dx.doi.org/10.5204/ijcjsd.v3i2.175.

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This article critically examines a an ongoing review commenced in 2012 by the United Kingdom’s Law Commission into new wildlife laws for England and Wales by considering four interlinked elements of the process. First, it outlines the underlying subject matter and regulatory aims of wildlife law. It then describes the scope of the Law Commission’s Wildlife Law Project, identifying some of the key problem areas it sought to address and referencing its consultation process conducted in the later part of 2012. Next the article summarises the Law Commission’s view for a new wildlife law regime. Th
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41

Vasilyeva, Anna. "Interaction of Administrative and Civil Law: The Experience of Russian and German Convergence of Public and Private Law." Journal of Foreign Legislation and Comparative Law 19, no. 5 (2023): 5. http://dx.doi.org/10.61205/jzsp.2023.061.

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Russian and German law are based on the principle of dividing law into private and public. Such a division of law, on the one hand, is quite customary to these legal systems; on the other hand, the boundaries of public and private law are very mobile. As a result of the mutual penetration of public and private law at each stage of the legal system development, not only the subject of legal regulation “redistributed”, but “mixed” zones appear. Such mixed zones are characterized by private-public (administrative-private) regulation, which generates various theoretical and practical problems of c
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Семилютина, Наталья, and Natalya Semilyutina. "ON COMPARATIVE LAW STUDIES IN THE FIELD OF PRIVATE (CIVIL) LAW." Journal of Foreign Legislation and Comparative Law 1, no. 5 (2015): 0. http://dx.doi.org/10.12737/16122.

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The article analyses the origins of comparative civil law studies in Russia starting from the reforms of tsar Peter I. The author understands comparative civil law as a branch of legal science that makes comparative law studies applying the civil law methodology. The civil law methodology is applied by a researcher who studies legal relationship between the parties which are in equal legal position. The analysis of legal rules of various countries, regulating of alike legal relationship in different countries affords to find the best way to regulate the corresponding relationship. The purposes
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43

Samsonova, M. V. "Communicative approach to law and some issues of the subject and methodology of civil procedural law science." Courier of Kutafin Moscow State Law University (MSAL)), no. 10 (January 11, 2024): 55–62. http://dx.doi.org/10.17803/2311-5998.2023.110.10.055-062.

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The civil process is viewed through the prism of a communicative approach to understanding law as the interaction of persons interested in finding the best solution to resolve the conflict that has arisen. The communicative approach makes it possible to identify barriers and difficulties for effective communication, to develop new approaches to solving the problems of civil proceedings, to take a fresh look at its internal structure, interaction with other non-judicial procedures for the protection of subjective law. The view of civil procedure as a sphere of communication justifies the appeal
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44

Moroz, Olha. "Subject of a civil contract." Law and innovations, no. 1 (29) (March 31, 2020): 40–45. http://dx.doi.org/10.37772/2518-1718-2020-1(29)-6.

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Problem statement. Due to the market transformations that have occurred recently in the economy of Ukraine, the opportunities of participants in property turnover regarding the freedom to conclude various types of contracts have significantly expanded. When concluding civil law contracts, a number of questions arise related to the definition of its subject. The purpose of this work is a General study and analysis of the subject of a civil contract. To achieve this goal, it is necessary to solve the following tasks: 1) to perform a legal analysis of such an essential condition of a civil contra
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Մարկոսյան, Մանե. "ԸՆԴԵՐՔՕԳՏԱԳՈՐԾՄԱՆ ԹԱՓՈՆՆԵՐԻ ՆԿԱՏՄԱՄԲ ՍԵՓԱԿԱՆՈՒԹՅԱՆ". State and Law 97, № 3 (2024): 126–38. https://doi.org/10.46991/sl/2023.97.126.

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Mining wastes have now acquired great economic importance, becoming a subject of civil law transactions. The issues of ownership of mining wastes as objects of civil law, despite their complex legal regime, are not regulated by the legislation of the Republic of Armenia, because of which problems arise in interpreting this issue at the theoretical level and within the framework of disputes triggering between the subsoil user and the state. The present article discusses the issues of ownership of mining wastes as objects of civil law in the legal relations of subsoil use. The basic concept of m
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Vinogradova, A. I. "EVIDENCE IN CIVIL PROCEDURE: TO THE DEFINITION OF STRUCTURE AND CONTENT." Herald of criminal justice, no. 3-4 (2020): 140–49. http://dx.doi.org/10.17721/2413-5372.2020.3-4/140-149.

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One of the main means of ensuring fundamental human rights and freedoms is the civil process as one of the branches of law, as well as the professional activities of judges, notaries, executors and other authorized persons to whom the state has delegated tasks to implement, protect, defend and restore rights, freedoms or interests of persons in the field of civil proceedings. The CPC of Ukraine in Chapter 5 «Evidence and Proof» stipulates that each party must prove the circumstances to which it refers as the basis of its claims or objections, except as provided by this Code (Part 1 of Article
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Yakubivskyi, I. Ye. "Civil law regime of objects generated by artificial intelligence." Uzhhorod National University Herald. Series: Law 1, no. 82 (2024): 355–61. http://dx.doi.org/10.24144/2307-3322.2024.82.1.56.

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The article is devoted to the civil law aspects of the problems of artificial intelligence and its place in the structure of civil law relations, as well as questions regarding the legal regime of objects generated by artificial intelligence. The approaches expressed in the domestic legal doctrine regarding the understanding of artificial intelligence as an object and as a subject of civil law relations, as well as a point of view regarding the possibility of simultaneously considering artificial intelligence as an object and as a subject of such legal relations, are analyzed. On the basis of
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48

Ольховик, Н. В. "Subject, mechanisms and legal bases of interaction of probation subjects with civil society institutions." Vestnik Kuzbasskogo instituta, no. 1(54) (March 17, 2023): 71–79. http://dx.doi.org/10.53993/2078-3914/2023/1(54)/71-79.

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Определяются предмет, механизмы и правовые основы взаимодействия субъектов пробации с институтами гражданского общества. Отмечается, что Федеральный закон от 06.02.2023 № 10-ФЗ «О пробации в Российской Федерации» не относит к субъектам пробации органы местного самоуправления, коммерческие и некоммерческие, в том числе религиозные, социально ориентированные некоммерческие организации, организации и общественные объединения, негосударственные (коммерческие и некоммерческие) организации социального обслуживания, предоставляющие социальные услуги, организации, осуществляющие образовательную деятел
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49

SHERSTYUK, V. M. "THE NOTION OF THE SYSTEM OF CIVIL PROCEDURAL LAW." Herald of Civil Procedure 11, no. 4 (2021): 13–26. http://dx.doi.org/10.24031/2226-0781-2021-11-4-13-26.

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The study puts forward the thesis that the basis for the allocation of structural subdivisions of civil procedural law is mainly the subject of legal regulation. The complex internal structure of the system of this branch of law is due primarily to the diversity of civil procedural relations that constitute the subject of regulation of this branch of law. The work reveals the essential features of the concept of “system of civil procedural law”, defines the grounds for its structural subdivisions and their composition, gives the definition of this category. In particular, the author has formul
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50

Fedoseev, A. A. "THE IMPLEMENTATION OF THE PRINCIPLE OF COOPERATION OF CIVIL LAW SUBJECTS IN CORPORATE LEGAL RELATIONS." Ex jure, no. 3 (2022): 93–103. http://dx.doi.org/10.17072/2619-0648-2022-3-93-103.

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Abstract: the principle of cooperation of civil law subjects, traditionally referred to as the principles of the law of obligations, has a much deeper content, allowing it to extend its effect to other types of civil law relations. Corporate legal relations, based on a material relations consisting in the unification of efforts by civil law subjects to achieve a common goal – the effective functioning of the corporation – cannot exist in isolation from the idea of cooperation and mutual assistance of its participants. In the article, the author analyzes the content of the principle of cooperat
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