Теоретико-правовая характеристика отрицательных фактов и возможность их доказывания
The article analyzes the theoretical basis of negative facts, their place and role in the subject of proof and in the mechanism of legal regulation.The specifics of the negative facts create the features of proving in the court. These features lie in the necessity of correct definition of the subject of proving, load distribution of proving between the sides of the conflict and possible ways of proving of negative facts.
the purpose of the study is to identify the main features of the theoretical and legislative design of proceedings for establishing facts of legal significance. The research method is historical and dogmatic. Based on the analysis of the history of the emergence and development in civil procedural law of proceedings on cases of establishing legal facts, the author concluded that the original purpose of the proceedings was to standardize the court's complementary activities vis-à-vis the executive authorities. However, over time, due to the theoretical development of procedure by proceduralists, it became perceived as a kind of specific form of justice. At the present time, given the high burden on the judicial system and the applicants' abilities to abuse procedural rights, the interpretation of proceedings as a form of justice is not the best. The author made predictions about the possible disappearance of this institution of law or a change in the direction of its practice.
based on the analysis of the approaches to the concept and features of legal facts the author defines their specificity and importance in the mechanism of legal regulation of banking and interbank settlements. In particular, the author proves the conclusion that there are signs of systematic nature in the aggregate of factual circumstances that have legal value. The system is organized in a strict hierarchy, has a specific sequence of accumulation and special ties among the circumstances that gives legal facts the ability to influence achieving goals, which have economic and legal significance. Moreover, the author shows that the so-called estimated legal facts are inevitably present in the system, which indicates entrepreneurial, financial and economic character of the regulated relations, defining the nature, construction and movement of the legal mechanism at all stages. Further, based on the classification of legal facts on the grounds of volition, the significance of actions and events in the mechanism of legal regulation of interbank settlement is shown. For this purpose there is an analysis of the facts of reduced liquidity of credit institutions, revocation of their license (permission) of the Bank of Russia for banking operations, financial and banking crises and other factual circumstances, which have legal consequences in the banking sector. In general, the author observed that at each stage of the mechanism of legal regulation legal facts have their own features. And finally, the author investigated the value of the legal facts at the first stage of the legal mechanism of interbank settlement – the stage of formation of the means of a normative character. In this connection, the value of the ‘Soft Law’ in the mechanism of legal regulation of interbank settle-ments is shown, the norms of which are included in the Principles of the Basel Committee on the Banking Supervise, documents of the Committee on Payment and Settlement Systems of the Bank for International Settlements, model laws, standards, recommendations of associations and unions of credit institutions and payment systems. The author shows the importance and feasibility of this approach at the modern stage of the world social development, characterized by intensifica-tion of globalization processes and permanent financial crises.
In the aspect of the Russian Federation preparation for the holding of the global sports competitions, not only practical questions become urgent, but also a theoretical analysis of the legal regulation of sports relations problems does. This article touches on the basic methodological approaches to the category «mechanism of legal regulation» in the context of relations arising in sports sphere.
This paper examines how works mechanism of legal regulation. The author considers main aspects of this issue from the vantage point of different approaches to law. The author concludes that legal positivism provides the most adequate methods for studying and explaining legal regulation.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/