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Journal articles on the topic 'Subsidiary application of norms of legislation'

Author: Grafiati

Published: 30 May 2022

Last updated: 31 July 2025

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1

Тарусина, Надежда Николаевна. "SUBSIDIARY APPLICATION OF LEGAL NORMS: CIVIL STUDIES." Вестник Тверского государственного университета. Серия: Право, no. 2(66) (June 25, 2021): 44–52. http://dx.doi.org/10.26456/vtpravo/2021.2.044.

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Субсидиарное применение правовых норм является одной из технологий усмотренческой деятельности суда и других компетентных субъектов - наряду с конкретизацией норм и правоотношений, аналогией права и закона, разрешением коллизии и судебным правотворчеством. В отличие от аналогии, необходимость в которой возникает в связи с пробелом в законодательстве, означенный вид деятельности обусловлен системным характером связей между отраслями права и целесообразностью экономии нормативно-правового материала. В пространстве цивилистики взаимодействие трех отраслей (гражданского, семейного и трудового прав

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2

Ochkurenko, S. V., and V. A. Protsevskiy. "THE METHODS OF APPLICATION OF THE PROVISIONS OF CIVIL LEGISLATION FOR THE REGULATION OF FINANCIAL RELATIONS." Issues of Law 20, no. 2 (2020): 63–72. http://dx.doi.org/10.14529/pro-prava200209.

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The article investigates the ways of applying the provisions of civil legislation to financial relations. It is pointed out that the main ways of applying civil legislation to financial relations are subsidiary application of civil legislation, including the use of civil law concepts and constructions in financial legislation, as well as the application of civil law provisions as a result of direct requirements formulated in blanket norms of financial law. It is also possible to apply civil legislation to financial relations by legal analogy. Subsidiary application of civil legislation differs

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3

Belichenko, Artur. "On the Sectoral Affiliation of Legal Norms Established by the Land, Forest and Water Legislation, and Legal Relations Arising on Their Basis." Legal Concept 23, no. 3 (2024): 157–65. http://dx.doi.org/10.15688/lc.jvolsu.2024.3.21.

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Introduction: the article presents the results of a study of the problem of sectoral affiliation of legal norms established by land, forest, and water legislation. This problem became acute when, at the beginning of the 21st century, land, forest, and water legislation was re-codified without appropriate coordination with the provisions of civil legislation. This situation has been further aggravated by the scientific discussion on many issues of the system and structures of the legal legislation, in particular the issues of the objective conditionality of the system of law and the influence o

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4

Kichigin, Sergey. "Cancellation of Service Contract." Bulletin of Kemerovo State University. Series: Humanities and Social Sciences 2020, no. 3 (2020): 270–77. http://dx.doi.org/10.21603/2542-1840-2020-4-3-270-277.

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The matter of canceling a service contract often hinders the work of personnel offices of government and local self-government. Due to the specifics of labor relations between state and municipal employees, it remains unresolved in the domestic labor law. There is a controversy between the subsidiary application of general labor legislation norms and special laws that control the activity of certain categories of workers. It comes from the vague border between the scope of general and special norms of labor legislation in relation to state and municipal employees. Another reason is the limited

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5

Grishkovets, A. A. "State civil service: questions relations between administrative and labor law." Voprosy trudovogo prava (Labor law issues), no. 10 (October 21, 2020): 40–50. http://dx.doi.org/10.33920/pol-2-2010-06.

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The article analyzes the problems of correlation between administrative and labor law of Russia in regulating relations in the civil service, with consideration of the possibility of subsidiary application of the norms of labor legislation of the Russian Federation in regulating relations in the civil service. It is concluded that the state-service relations themselves are not identical with those related to the state civil service. In this regard, the prospects for the development of the civil service in order to further strengthen the public legal status of civil servants are outlined.

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6

Grishkovets, A. A. "State civil service: questions relations between administrative and labor law." Voprosy trudovogo prava (Labor law issues), no. 8 (September 21, 2020): 57–67. http://dx.doi.org/10.33920/pol-2-2008-06.

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The article analyzes the problems of correlation between administrative and labor law of Russia in regulating relations in the civil service, with consideration of the possibility of subsidiary application of the norms of labor legislation of the Russian Federation in regulating relations in the civil service. It is concluded that the state-service relations themselves are not identical with those related to the state civil service. In this regard, the prospects for the development of the civil service in order to further strengthen the public legal status of civil servants are outlined.

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7

Prica, Miloš. "Subsidiary and analogous application of Law in general administrative procedure." Zbornik radova Pravnog fakulteta Nis 60, no. 91 (2021): 97–116. http://dx.doi.org/10.5937/zrpfn0-33788.

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Considering that the expansion of legal regulation and multiplication of legal norms in the legal order of the Republic of Serbia have engendered over two hundred (substantive and procedural) legislative acts referring to the application of the General Administrative Procedure Act (GAPA), there is no general law in the Serbian legal order that could be compared to the GAPA in terms of correlation with other laws. Yet, in our judicature and legal science, there are no clear criteria for regulating the relationship between the GAPA and other (subject-specific) legislative acts referring to the a

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8

Tsindeliani, Imeda A., Ekaterina V. Bezikova, and Artem V. Shitkov. "Actual Problems of the Application of Bankruptcy Legislation in Courts of General Jurisdiction." Rossijskoe pravosudie, no. 2 (January 20, 2024): 30–41. http://dx.doi.org/10.37399/issn2072-909x.2024.2.30-41.

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The study seems relevant because there is no uniform practice for certain categories of disputes related to the bankruptcy of individuals. The main purpose of this scientific article is to determine the features and current state of consideration of the analyzed category of disputes, identify current problems, and develop proposals for their resolution. The achievement of this goal is realized mainly through the solution of such tasks as the study of current legislation, the practice of the Supreme Court of the Russian Federation, the established judicial practice of courts of general jurisdic

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9

Parygina, N. N., and E. L. Nevzgodina. "Business companies dependency relations in the Commonwealth of independent States countries and Russia: comparative analysis." Herald of Omsk University. Series: Law, no. 3 (2022): 48–61. http://dx.doi.org/10.24147/1990-5173.2022.19(3).48-61.

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Legislation on subsidiary, associate and affiliated business companies in other than Russia the Commonwealth of Independent States member countries exists and develops over a span of three decades. It acquires its own peculiarities and individual practice of the application. Such provisions are worth assessment, taking into consideration and comparative legal analysis. Purpose. The purpose of this research is to identify unique hallmarks of the legislation on business companies with dependency relations in former republics of the USSR - presently the Commonwealth of Independent States members,

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10

Laptev, V. A., and S. Yu Chucha. "THE HEAD OF AN ORGANIZATION AND THE BODY OF A LEGAL ENTITY: THE UNITY OF ESSENCE AND CONTRADICTIONS." Вестник Пермского университета. Юридические науки, no. 2(60) (2023): 285–311. http://dx.doi.org/10.17072/1995-4190-2023-60-285-311.

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Introduction: the paper examines the corporate and labor law status of the head of an organization in the Russian Federation at the present stage. The criteria for distinguishing between the head, participating in social relations as an employee, and a body of a legal entity are determined, as well as the applicable norms of labor and corporate law. The article analyzes the provisions of Russian legislation and local acts that define the legal status and competence of the director; studies internal acts of a corporate organization that regulate the director’s status, the procedure for its impl

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11

Tokarchuk, L. M. "ON CERTAIN ISSUES OF ANALOGICAL LEGAL REASONING IN CIVIL PROCEEDINGS IN UKRAINE." Constitutional State, no. 49 (April 18, 2023): 80–91. http://dx.doi.org/10.18524/2411-2054.2023.49.276045.

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The article is devoted to the application of the analogy of the law in civil proceedings in Ukraine. It has been found that despite the lack of legislative enshrinement of the procedural analogy in the Civil Procedure Code of Ukraine, its application is consistent with the legal opinion of the Grand Chamber of the Supreme Court and is therefore legitimate. The court of cassation instance has already formed the practice of applying procedural analogy, in particular in matters of judicial control over the execution of court decisions and restoration of lost proceedings. An analysis of potential

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12

VAN DEN BRINK, Ton. "The Impact of EU Legislation on National Legal Systems: Towards a New Approach to EU – Member State Relations." Cambridge Yearbook of European Legal Studies 19 (August 7, 2017): 211–35. http://dx.doi.org/10.1017/cel.2017.2.

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AbstractHow does EU legislation impact the Member States? Arguably, no other issue is more closely connected to national sovereignty. However, existing research has thus far failed to deliver a univocal answer to this question. Instead, quantitative research – from political scientists and public administration scholars – has resulted in very diverging conclusions. By contrast, the legal perspective on the relationship between the EU and its Member States has been dominated by a focus on the principles of conferral and subsidiarity, as well as on the delineation and use of EU powers. Such an a

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13

Nikolenko, L. M. "Principles of European Union law as criteria for assessing the effectiveness of legal integration." Analytical and Comparative Jurisprudence, no. 2 (April 28, 2025): 1251–55. https://doi.org/10.24144/2788-6018.2025.02.189.

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The article is devoted to the study of the principles of European Union law as criteria for assessing the effectiveness of Ukraine’s legal integration. In connection with the intensification of the state’s European integration course, the issue of harmonizing national legislation with the legal standards of the European Union is becoming particularly relevant. In particular, the study focuses on such fundamental principles as the rule of law, legal certainty, proportionality, subsidiarity, legality, solidarity, direct effect and mutual recognition. It is determined that the principles allow as

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Levchenko, Oleg V. "The Private-Public Criminal Procedure Mechanism of Application of the Criminal Law in the Economic Sphere: The Genesis, Ideology, Political and Legal Essence." Legal education and science 6 (June 15, 2023): 29–35. http://dx.doi.org/10.18572/1813-1190-2023-6-29-35.

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Purpose. The purpose of the article is to clarify the unique legal nature, structure, as well as the genesis of the criminal procedure mechanism for the application of criminal law in the field of economic activity. The research methodology includes dialectical, formal-logical, systematic, other general scientific methods of cognition of criminal procedural phenomena, as well as private scientific methods: the modeling method, comparative legal and other methods. Conclusions. The creation of a special kind of private-public criminal prosecution and prosecution should be understood as an attemp

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15

Getman-Pavlova, Irina V. "Reform of Private International Law in the Republic Uzbekistan." Gosudarstvo i pravo, no. 7 (2022): 132. http://dx.doi.org/10.31857/s102694520021000-1.

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In 2019, the Concept of Improving Civil Legislation was adopted in the Republic of Uzbekistan, according to which the process of modernization of the current Civil Code has begun. As part of this process, the reform of Private International Law is also being carried out. Developed a draft of Section VI of the Civil Code of the Republic of Uzbekistan “Application of the norms of Private International Law (conflict of laws norms) to private law relations”, which provides for a radical revision of the rules for choosing the law applicable to private relations related to foreign legal order. The a

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16

Tarusina, N. N. "Court Practice in Family Disputes: Problems of Discretion on the Verge of Law-Making." Lex Russica, no. 5 (May 31, 2019): 40–48. http://dx.doi.org/10.17803/1729-5920.2019.150.5.040-048.

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The article is devoted to the analysis of the problems connected with the law-making function of court practice in family disputes. The history of this function, which is not one of the classic types of judicial activity, has several factors: paticularities of family legal relations, situational nature of the majority of family law norms as a key prerequisite for broad judicial discretion in its various forms — concretization, interpretation, subsidiary application of the legislation, application of analogy, conflict resolution that in some cases can be qualified as legal stances of normative

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17

Agashev, Dmitry V. "Invalidity of the employment contract and recognition of the employment contract as not valid as a promising way to protect labour rights." Russian Journal of Labour & Law 13 (2023): 245–60. http://dx.doi.org/10.21638/spbu32.2023.117.

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The study is devoted to the substantiation and formulation of proposals for the implementation in Russian labour law of a promising way of protecting individual labour rights — invalidity of the employment contract and the recognition of an employment contract as inactive in court, as well as their ratio. Based on the analysis of the labour legislation of the Russian Federation and other states of the EAEU, an analysis is made of the current state of the normative legal regulation of the issues of the invalidity of an employment contract. It is proposed to fix in the Russian labour legislation

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18

Getman-Pavlova, Irina, Natalia Yerpileva, and Islambek Rustambekov. "REFORM OF PRIVATE INTERNATIONAL LAW IN THE REPUBLIC OF UZBEKISTAN." Review of Law Sciences 6, no. 1 (2022): 127–43. http://dx.doi.org/10.51788/tsul.rols.2022.6.1./gieg6919.

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In 2019, the Republic of Uzbekistan adopted the Concept for Improving Civil Legislation, in accordance with which the country began the process of modernizing the current Civil Code. As part of this process, the reform of Uzbek private international law is also being carried out. Uzbek specialists have developed the Draft Section VI of the Civil Code “Application of the norms of private international law (conflict of laws) to private law relations”, which provides for a radical revision of the rules for choosing the law applicable to private relations related to foreign legal order. In the art

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19

Komkov, Sergey. "On the Issue of the Sectoral Nature of the Employment Contract (In Memory of Professor V.M. Lebedev)." Academic Law Journal 24, no. 4 (2023): 514–21. http://dx.doi.org/10.17150/1819-0928.2023.24(4).514-521.

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The relevance of the study is due to the need to implement independent legal regulation of social and labor relations by the norms of labor law, taking into account the modern paradigm of labor law, in particular the features of the technological process in specific organizations. The independence of the employment contract and labor law is affirmed. It is noted that the inclusion of an employment contract among civil contracts does not contribute to the development of industrial relations and does not correspond to the rights and interests of workers. It is noted that the regulation of labor

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20

Voronina, Natal'ya Pavlovna. "State support for organic agriculture." Сельское хозяйство, no. 1 (January 2023): 44–50. http://dx.doi.org/10.7256/2453-8809.2023.1.43706.

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Organic agriculture is recognized as one of the modern tools for solving both food and environmental problems. In Russia, the development of organic agriculture has been carried out only in recent decades. At the same time, according to forecasts, both domestic demand for organic products and its exports will grow. Therefore, the strategic task of the Russian state is to create an institutional basis for organic agriculture. Organic agriculture, due to its specifics, needs state support. The purpose of this article is to determine the legal approach to the mechanism of legal regulation of stat

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21

Sobieski, Leszek. "E-HEALTH IN THE CONTEXT OF THE SUBSIDIARITY PRINCIPLE. COMMENTS AGAINST THE BACKGROUND OF POLISH LAW." Review of European and Comparative Law 35, no. 4 (2019): 27–40. http://dx.doi.org/10.31743/recl.4808.

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In the article an attempt was made to present the assumptions of Polish legislative solutions concerning e-health in the context of one of the basic principles of European philosophical and legal thought – the principle of subsidiarity. The principle of subsidiarity, the essence of which is to leave it to the political communities to carry out tasks for which they can take responsibility, has been incorporated into the legislation of nation states and the European Union, determiningthe identity of European civilisation. Article 5 of the Treaty on European Union and the Treaty on the Func

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22

Ponomarenko, Oksana, and Olha Hots-Yakovlieva. "Convergence of civil and labour law in the area of contractual regulation of relations in which a person exercises the right to work." Actual problems of innovative economy and law 2024, no. 2 (2024): 65–69. https://doi.org/10.36887/2524-0455-2024-2-12.

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The digitalization of the economy has led to the emergence of new forms of labor organization in society, which require different approaches to legal regulation. Since the contract is a central institution of both labor and civil law and the primary means of formalizing relationships where a person exercises their right to work, these tasks can be addressed using the existing tools of civil law. This convergence of civil and labor law processes the alignment of labor and civil law. The article analyzes the main directions of this convergence in the contractual regulation of the right to work a

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23

Barikova, A. "Impact of public financial policy on implementing the principle of stability." Uzhhorod National University Herald. Series: Law 2, no. 73 (2022): 7–11. http://dx.doi.org/10.24144/2307-3322.2022.73.32.

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The paper addresses the issues of implementing the principle of stability, when the state, changing the rates of taxes, fees and other mandatory payments, should not only focus on replenishing resources to fulfil its obligations to society, but also stimulate economic activity. Discretion has been researched into regarding the implementation of public financial policy in the context of applying the principle of stability, which could be carried out taking into account the target interpretation of the system of legal regulators, when the law enforcement body chooses the regulator whose applicat

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24

Fedoseev, Peter. "On Some Issues of the Legal Regulation of Unjust Enrichment Obligations." Legal Concept 23, no. 4 (2024): 98–103. https://doi.org/10.15688/lc.jvolsu.2024.4.13.

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Introduction: the paper discusses the issues of the legal regulation of obligations arising from unjust enrichment; in particular, it discusses the opinion on an excessively wide list of grounds for the occurrence of unjust enrichment obligations, which blurs their civil nature. The author disputes the opinion that unjust enrichment may also arise in connection with the seizure of property from a person as a result of a crime or administrative misconduct, since, in the author’s opinion, the concepts of “unjust” and “illegal” are not identical. In addition, the author argues that the object tha

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Zubakin, V. A. "STATE STIMULATION OF TRANSFORMATION OF POWER INDUSTRY." Strategic decisions and risk management 10, no. 4 (2020): 320–29. http://dx.doi.org/10.17747/2618-947x-2019-4-320-329.

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Transition to digital technologies in management of power industry at all levels – an inevitable consequence of the technical progress which has generated opportunities for diversification, decarbonization and decentralization. Thus it is necessary to recognize that digitalization in power industry is NOT automation, and first of all creation of new business models, services and the markets with a support on possibility of digital economy. In this article questions of transformation of architecture of power industry, and also the main restrictions are considered: absence in regulatory base of

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26

Baran, Krzysztof W. "MODELS OF CASCADE APPLICATION OF STATUTORY NORMS IN POLISH INDIVIDUAL LABOUR LAW." Roczniki Administracji i Prawa 2, no. XXIII (2023): 273–79. http://dx.doi.org/10.5604/01.3001.0053.6964.

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The cascade application of statutory regulations in individual labour law consists in the subsidiary application of increasingly general statutory norms in order to define the legal status of the subjects of the individual employment relationship. In practice, in its widest understanding, it is applicable in official labour law. In the general employment relationship this mechanism consists in the subsidiary application of the Civil Code to the individual employment relationship.

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Sidorov, A. V. "Delimitation of Subsidiary Liability of the Debtor’s Controlling Persons by means of Application of Civil Penalties." Actual Problems of Russian Law 20, no. 5 (2025): 91–98. https://doi.org/10.17803/1994-1471.2025.174.5.091-098.

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Subsidiary liability of the debtor’s controlling persons does not constitute a separate category or subtype of civil liability, as the scope of its application cannot serve as a sufficient basis for classification. There are no other distinctive features in the manifestation of subsidiary liability that could justify it differentiation from civil liability. In this regard, it appears that the norms governing the liability of controlling persons of a debtor and of legal entities not in a state of bankruptcy share a common nature and should form a cohesive framework or, at the very least, be con

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28

Korshunov, Petr N. "On Release from Subsidiary Liability." Jurist 11 (October 8, 2020): 14–19. http://dx.doi.org/10.18572/1812-3929-2020-11-14-19.

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In this article, the author examines the application of the legislation on subsidiary liability in bankruptcy in order to establish the proper behavior of owners and management of a legal entity in conducting business. Despite the fact that in business activity is always based on risk, the author comes to the conclusion that modern entrepreneurs are obliged to take as many measures as possible to minimize risks if they have any creditors, even if there are no grounds to assume bankruptcy. In such circumstances, it is unlikely that subsidiary liability will be invoked.

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29

Golubtsov, V. G., and А. V. Gabov. "SPECIFIC FEATURES OF PUBLIC LEGAL ENTITIES SUBSIDIARY LIABILITY FOR OBLIGATIONS OF AGENCIES ESTABLISHED BY THEM: PROCEDURAL ASPECT." Ex jure, no. 4 (2020): 37–54. http://dx.doi.org/10.17072/2619-0648-2020-4-37-54.

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Abstract: following the results of the analysis of the current legislation (including that in retrospect), of the legal positions of the courts, as well as of summarizing the judicial practice on the specifics of considering disputes on bringing public legal entities being the founders of state and municipal institutions (budgetary, state-owned and autonomous) to subsidiary liability, the authors find that the capacity of the existing regulation cannot be recognized as optimal. The authors note that the most important provisions covering the procedure for bringing such founders to subsidiary l

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Демишева, К. И. "Peculiarities of the Institute of Subsidiary Liability in Insolvency (Bankruptcy) Cases." СОВРЕМЕННОЕ ПРАВО, no. 9 (October 5, 2024): 105–11. http://dx.doi.org/10.25799/ni.2024.52.84.017.

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В статье рассматривается институт субсидиарной ответственности и особенности его применения в процедурах банкротства. Автор рассуждает о природе этого древнего вида гражданско-правовой ответственности, дает анализ дискурса по вопросу определения субсидиарной ответственности в современной научной российской теории. Представлена периодизация развития института в российском законодательстве о банкротстве (несостоятельности), выделены характеристики и особенности применения субсидиарной ответственности. The article examines the institution of subsidiary liability and the specifics of its applicati

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Abdrasulov, Ermek B. "Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan." osteuropa recht 67, no. 2 (2021): 133–44. http://dx.doi.org/10.5771/0030-6444-2021-2-133.

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This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution o

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Abdrasulov, Ermek B. "Constitutional bases of legislative and supplementary legal regulation in the Republic of Kazakhstan: Practical issues and doctrinal interpretation." Vestnik of Saint Petersburg University. Law 13, no. 4 (2022): 1022–40. http://dx.doi.org/10.21638/spbu14.2022.412.

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The article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Art. 61 of the Constitution of th

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33

Vasetsky, Viacheslav. "Vectors of law-making activity in Ukraine in the conditions of modern challenges related to repelling the aggression of the Russian Federation." Yearly journal of scientific articles “Pravova derzhava”, no. 35 (September 1, 2024): 251–59. https://doi.org/10.33663/0869-2491-2024-35-251-259.

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The paper is devoted to the justification of the need to apply the Law of Ukraine «On Law-Making Activity» in the conditions of repelling the aggression of the Russian Federation against Ukraine, which determines the relevance of such direction of legal activity in Ukraine. The law pending implementation will be applied in a turning point in history, which aﬀects not only Ukraine, but also most countries of the world. For Ukraine, this is connected with our people repelling the onslaught of the Russian army, which on February 22, 2022 carried out an act of aggression against Ukraine with the a

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34

Annurdi, Budi Santoso, Hanif Nur Widhiyanti, and Reka Dewantara. "Implementation of Parent Company's Liability for Bankruptcy Experienced by Subsidiary: Case in Indonesia." Journal of Finance and Financial Law 4, no. 44 (2024): 23–48. https://doi.org/10.18778/2391-6478.4.44.02.

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The purpose of the article. The article aims to reveal the existence of vacuum of norms regarding a group company in Indonesia, especially regarding the parent company's responsibility for bankruptcy experienced by its subsidiary. Methodology. This research is normative juridical research. It uses several approaches to obtain information from various aspects regarding the legal issues being studied, namely the statute approach and case approach. Results of the research. This legal vacuum causes differences of opinions among judges in assessing the relationship between a parent company and its

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35

Borisovich, Yermilov Valery. "Subsidiary liability of the persons controlling a debtor." SHS Web of Conferences 118 (2021): 04015. http://dx.doi.org/10.1051/shsconf/202111804015.

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This article gives a general description of Chapter III.2 of the Bankruptcy Law and considers the issues related to the moratorium on bankruptcy. Attention is drawn to the changes that have been introduced in recent years in the legislation on bringing to the subsidiary liability of persons controlling a debtor for the inability to pay creditors’ claims in full, as well as the obligation to apply for the debtor and the liability for failure to do so (untimely application). The author, on the basis of the study, concludes that it is necessary to further improve the legislation on the liability

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Mamatkazin, I. R. "ISSUES OF FORMATION OF PENSION RIGHTS IN MANDATORY PENSION INSURANCE, TAKING INTO ACCOUNT THE PREVIOUSLY EXISTING PENSION LEGISLATION." Ex jure, no. 4 (2021): 116–27. http://dx.doi.org/10.17072/2619-0648-2021-4-116-127.

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Abstract: in state pension insurance, there is a rule on the application of previously existing legislation in the appointment of insurance pensions. This is a feature of the Russian state pension insurance. The legislation that regulated pension relations in the previous period applies, even if it has become invalid at the time of pension assignment. This is due to the possibility to retain the right to a pension, to form an insurance experience in a larger amount than according to the norms of the current legislation. But the norms of the current pension legislation contain benefits that wer

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Khursanov, Rustam. "ISSUES OF SUBSIDIARY LIABILITY IN THE CIVIL LAW OF THE REPUBLIC OF UZBEKISTAN." Review of Law Sciences 8, no. 2 (2024): 31–38. http://dx.doi.org/10.51788/tsul.rols.2024.8.3./udmv3273.

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This article provides a comprehensive analysis of the concept of subsidiary liability and its significance in legal systems. Subsidiary liability mainly ensures the creditor’s ability to address an additional liable person if the primary debtor fails to fulfill their obligations. This mechanism is aimed at protecting the rights of the creditor and ensuring fairness between the debtors. The article provides a detailed description of the legal foundations of subsidiary liability, its emergence and development, as well as its specific features in various legal systems. The Civil Code of the Repub

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Ustyukova, Valentina Vladimirovna. "Subsidiary responsibility of the members of agricultural cooperative societies." Сельское хозяйство, no. 2 (February 2020): 1–9. http://dx.doi.org/10.7256/2453-8809.2020.2.33840.

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The research subject is social relations in the field of establishing and applying the subsidiary responsibility measures in agricultural cooperative societies. The purposes of the research are: legal assessment of the provisions of the Federal law &ldquo; On agricultural cooperation&rdquo; about subsidiary responsibility of members of cooperative societies and their application by courts; analysis of doctrinal views of lawyers and economists on the problems of subsidiary responsibility in general and such responsibility in agricultural cooperative societies in particular; development

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Быков, В. П., Е. В. Черникова, and И. В. Звездова. "Legal Regulation of Subsidiary Liability of Persons Controlling the Bank as a Credit Organization." СОВРЕМЕННОЕ ПРАВО, no. 3 (March 31, 2024): 103–11. http://dx.doi.org/10.25799/ni.2024.75.28.017.

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Представленная вниманию читателя статья продолжает цикл авторских материалов о различных аспектах правового регулирования субсидиарной ответственности контролирующих должника лиц. В статье рассматриваются вопросы, возникающие при рассмотрении арбитражными судами споров о привлечении к субсидиарной ответственности лиц, контролирующих банки как кредитные организации. Даются рекомендации по применению на практике последних изменений в законодательстве о субсидиарной ответственности в рамках банкротных процедур. The article presented to the reader’s attention continues the series of original mater

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Antonov, E. V., and V. I. Antonov. "ADMINISTRATIVE PREJUDICE IN FOREIGN CRIMINAL LEGISLATION: HISTORY AND MODERNITY." Bulletin of Udmurt University. Series Economics and Law 29, no. 5 (2019): 630–37. http://dx.doi.org/10.35634/2412-9593-2019-29-5-630-637.

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The article investigates criminal law with administrative prejudice, as well as the history of the emergence and development of norms with administrative prejudice in the modern criminal legislation of Russia and foreign countries on various grounds. The problems of the application of norms with administrative prejudice in practice are considered. The criminal legislation of the states of the former Soviet Union, in particular the Republic of Belarus and the Republic of Kazakhstan, is analyzed from the point of view of further development of the criminal legislation of these countries towards

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Gostojic, Stevan, Branko Milosavljevic, and Zora Konjovic. "Ontological model of legal norms for creating and using legislation." Computer Science and Information Systems 10, no. 1 (2013): 151–71. http://dx.doi.org/10.2298/csis110804035g.

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This paper presents a formal model of legal norms modeled in OWL. It is intended for semiautomatic drafting and semantic retrieval and browsing of legislation. Most existing solutions model legal norms by formal logic, rules or ontologies. Nevertheless, they were not in-tended as a basis for drafting, retrieval and browsing of legislation. The proposed model formally defines legal norms using their elements and elements of legal relations they regulate. The duality between the con-tent and the form of legislation is exploited by connecting it to the XML model of legislation based on the CEN Me

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Tlepina, Sh, and Zh Zukay. "The procedure and limits of application of norms of international law in the territories of some EAEU member countries." BULLETIN of the L.N. Gumilyov Eurasian National University. Law Series 132, no. 3 (2020): 67–75. http://dx.doi.org/10.32523/2616-6844-2020-132-3-67-75.

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Effect of international law as the law regulating relations between subjects of international law applies to the whole territory of the states that have adopted its norms. Therefore, in international law, questions regarding the conditions and procedure for the application of international law in the territory of a state, as well as issues regarding the application of international norms in cases of their conflict with national legislation, have not lost their relevance. The article analyzes the legislation of some EAEU member countries, which regulate the procedure and limits of application o

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Muljono, Bambang Eko, Munif Rochmawanto, and Joejoen Tjahjani. "Application of Human Rights Principles in the Formation of Draft Laws Concerning the Civil Code." Jurnal Independent 11, no. 2 (2023): 586–98. https://doi.org/10.30736/ji.v11i2.266.

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Abstract As a rule of law, Indonesia has an obligation to guarantee people's welfare through law. Good legislation is legislation that has a basis or foundation called Grundnorm. Grundnorm is a foundation for forming laws that have the value of justice. Apart from that, good laws and regulations must fulfill principles and concepts, protect human rights, and must pay attention to community participation. Because the purpose of forming laws and regulations is to protect the public. This research aims to find out how good legislation is formed and how the community participates in implementing t

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Bormotov, A. V., та D. V. Nosov. "ОN THE ISSUE OF SUBSIDIARY LIABILITY OF THE CONTROLLING DEBTOR OF A PERSON FOR DEBTS EXCLUDED FROM THE UNIFIED STATE REGISTER OF LIMITED LIABILITY COMPANIES". Ex Jure, № 3 (2023): 19–34. http://dx.doi.org/10.17072/2619-0648-2023-3-19-34.

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Abstract: the article considers the institution of bringing to subsidiary liability of persons controlling the debtor in case of exclusion of a limited liability company from the Unified State Register of Legal Entities in the manner prescribed for inactive legal entities. Based on the analysis of the current legislation and the practice of its application by various judicial instances, the composition of a civil offense is studied, for which the controlling debtor is brought to subsidiary responsibility in case of exclusion of a limited liability company from the Unified State Register of Leg

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Bekyashev, Damir. "The Protection of marine mammals in the legislation of some states." Fisheries 2021, no. 5 (2021): 33–42. http://dx.doi.org/10.37663/0131-6184-2021-5-33-42.

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The article discusses the norms of the legislation of the USA, Canada, Norway, Denmark (in part of Greenland) concerning the protection of marine mammals. A comparative legal analysis of these legal norms is carried out, the features, differences and similarities of legal regulation are revealed. Recommendations for improving Russian legislation and the possible application of the experience of foreign states in the legal regulation of the protection of mammals in the Russian Federation are developed.

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Lazutin, Lev A. "Application of international norms on human rights as a complex general legal problem." Gosudarstvo i pravo, no. 10 (2021): 154. http://dx.doi.org/10.31857/s102694520014357-3.

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The article is devoted to the interaction of domestic and international legal norms on human rights and the application of the latter in national legislation. The author comes to the conclusion that there are a number of problems in the implementation of international legal norms on human rights in the Russian legal system.

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Kudashkin, A., and I. Kholikov. "Conceptualizing special military operations in contemporary law." Pathways to Peace and Security, no. 1 (2023): 31–47. http://dx.doi.org/10.20542/2307-1494-2023-1-31-47.

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Special military operations are associated with the establishment of a special legal regime in a certain territory or in relation to certain actions, as well as with the special activities of collective subjects and military officials. Difficulties in international legal and law enforcement conceptualization give rise to various forms of legal understanding of the phenomenon of “special military operation”. The article discusses interrelated conceptual, legal, and institutional issues of special military operations, including the way they apply to Russia’s special military operation (SMO) in U

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Letuta, Tatyana V. "Delictual Liability Laws: Problems of Consistency of Acts and Protection of Rights of Entrepreneurs." Business security 2 (May 23, 2024): 9–14. http://dx.doi.org/10.18572/2072-3644-2024-2-9-14.

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The systemic analysis of the provisions of certain regulatory acts used in entrepreneurial activity and the Civil Code of the Russian Federation allowed to assess the prospects of application of novelties of special legislation. Taking into account the legal positions of the courts of higher instance, the author finds confirmation of examples of the lack of coordination of the norms of certain laws with the provisions of civil legislation. The article proposes options for harmonising the norms of Russian legislation in order to improve the effectiveness of protection of the rights of entrepren

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Chikhladze, Levan T., and Evgeniy Y. Komlev. "LOCAL GOVERNMENT IN SPAIN: STATUS AND FEATURES OF LEGAL REGULATION." RUDN Journal of Law 23, no. 3 (2019): 333–50. http://dx.doi.org/10.22363/2313-2337-2019-23-3-333-350.

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The article examines the local self-government legislation of Spain and legal positions of the Constitutional Court of Spain. The norms of the Constitution of Spain regulating the issues of the organization of local self-government are analyzed. The influence of various aspects on their content is studied. The authors also studied the problem of distribution of legal regulation of the local government powers between the state and the autonomous communities taking into consideration the features of the administrative-territorial structure of Spain. The study appears to be relevant due to the fa

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Parasiuk, V. M., and M. V. Parasiuk. "LEGAL CONNECTION OF THE ORGANIZATIONAL AND LEGAL FORM OF A LEGAL ENTITY WITH THE PECULIARITIES OF ITS CIVIL LIABILITY." Actual problems of native jurisprudence 1, no. 1 (2021): 50–55. http://dx.doi.org/10.15421/392111.

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The article analyzes a number of problematic issues related to the mechanism of application of civil liability to legal entities of private law in modern civil law. Particular attention is paid to the emergence and legal regulation of subsidiary liability, the possibility and procedure for filing recourse claims against the person guilty of the offense. The author draws attention to the presence of a number of problems in the practical implementation of the rules on subsidiary civil liability of legal entities and the rules governing the institution of recourse. The opinion is expressed on the

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