JuristPub Date : 2024-01-18DOI: 10.18572/1812-3929-2024-1-45-50
Mikhail O. Galyastov
{"title":"Problems of Performance of Resolutions on Certain Administrative Punishment Types at the Implementation of Functions of Internal Affairs Agencies","authors":"Mikhail O. Galyastov","doi":"10.18572/1812-3929-2024-1-45-50","DOIUrl":"https://doi.org/10.18572/1812-3929-2024-1-45-50","url":null,"abstract":"The article discusses some problems of enforcement by the internal affairs bodies of resolutions on such administrative penalties as deprivation of the right to drive a vehicle and administrative arrest. Based on the analysis of the current legislation, judicial practice and scientific sources, the author suggests specific ways to solve the identified problems, including those related to changes in administrative and tort legislation.","PeriodicalId":518064,"journal":{"name":"Jurist","volume":"25 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140531313","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
JuristPub Date : 2024-01-18DOI: 10.18572/1812-3929-2024-1-55-60
E. A. Shabashov
{"title":"Legal Approval in Private and Public Law","authors":"E. A. Shabashov","doi":"10.18572/1812-3929-2024-1-55-60","DOIUrl":"https://doi.org/10.18572/1812-3929-2024-1-55-60","url":null,"abstract":"The article reveals the value and legal content of legal agreement as a general law in private and public law. Legal coordination in civil, constitutional and administrative law is analyzed. A comparative description of legal approval is made based on the subject composition, the presence of interest and the possibility of expression of the will of the subject of approval (initiator). The features of the formation of the nature of legal agreement on the basis of the dualistic division of law are characterized. The work emphasizes that the division of law into private and public is universal and does not entail a direct dependence of legal agreement belonging to a specific element of the structure of law.","PeriodicalId":518064,"journal":{"name":"Jurist","volume":"9 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140531281","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
JuristPub Date : 2024-01-18DOI: 10.18572/1812-3929-2024-1-12-16
Evgeny Yu. Butsan
{"title":"Genesis of the Abuse of Right Concept: The Proprietary Aspect (on the Example of the European Private Law)","authors":"Evgeny Yu. Butsan","doi":"10.18572/1812-3929-2024-1-12-16","DOIUrl":"https://doi.org/10.18572/1812-3929-2024-1-12-16","url":null,"abstract":"The concept of abuse of right is being adapted in many areas of private law, including property law. As the absoluteness of property rights was leveled and restrictions on property rights were established, the category of abuse of law was actualized, since it regulated relations arising on the periphery of the named sub-branch of private law. In order to acquire the features inherent in the modern understanding of property rights, as well as the concept of abuse of rights in the property aspect, this concept overcame the search period, the period of searching for a balance of interests, when developed legal systems distributed the costs of the owner and third parties. The search for such a balance is reflected in this article on the examples of both continental and Anglo-American law.","PeriodicalId":518064,"journal":{"name":"Jurist","volume":"22 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140531423","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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