Malykh I.V., Gribinichenko L. —
Relevant issues of legal regulation of the use of public highways
// Law and Politics. – 2018. – ¹ 5.
– P. 10 - 22.
DOI: 10.7256/2454-0706.2018.5.26243
URL: https://en.e-notabene.ru/lpmag/article_26243.html
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Abstract: This article examines the fundamentals of legal regulation of the use of public highways in the Russian Federation. The authors consider the terms under which the object is recognized as private road for public use; as well as analyze the existing in legal doctrine and judicial practice approaches towards determination of the content of proprietary right to such objects. A need is substantiate for adoption of the special legal norms by the subjects of the Russian Federation that establish the legal regime for private roads alongside the administrative responsibility for its violation. The authors come to a conclusion about the need for improving the rights protection mechanism and the interests of private roads owners secured by law. The use of privately owned property for the socially valuable purposes predetermines the necessity for strengthening public legal protection of the interests of owners of such property. The article suggests the ways of improving the current legislation that regulates the private roads.
Malykh I.V., Gribinichenko L. —
Relevant issues of legal regulation of the use of public highways
// Law and Politics. – 2018. – ¹ 5.
– P. 10 - 22.
DOI: 10.7256/2454-0706.2018.5.43151
URL: https://en.e-notabene.ru/lamag/article_43151.html
Read the article
Abstract: This article examines the fundamentals of legal regulation of the use of public highways in the Russian Federation. The authors consider the terms under which the object is recognized as private road for public use; as well as analyze the existing in legal doctrine and judicial practice approaches towards determination of the content of proprietary right to such objects. A need is substantiate for adoption of the special legal norms by the subjects of the Russian Federation that establish the legal regime for private roads alongside the administrative responsibility for its violation. The authors come to a conclusion about the need for improving the rights protection mechanism and the interests of private roads owners secured by law. The use of privately owned property for the socially valuable purposes predetermines the necessity for strengthening public legal protection of the interests of owners of such property. The article suggests the ways of improving the current legislation that regulates the private roads.
Gribinichenko L. —
Legal status of a partner in civil rights and/or responsibilities
// Law and Politics. – 2017. – ¹ 6.
– P. 31 - 43.
DOI: 10.7256/2454-0706.2017.6.43078
URL: https://en.e-notabene.ru/lamag/article_43078.html
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Abstract: This article examines the legal status of civil partners and/or their responsibilities in external and internal legal relations. A comparative analysis of such legal phenomena as “plurality of persons” and “plurality of parties”, “group of co-owners”, and “legal entity” is conducted. The author analyzes the question of affiliation of the common law and/or joint responsibility in civil legal relations with plurality of persons, as well as peculiarities of legal status of co-owner at the stage of realization of the common law/execution of joint responsibility, and at the stage of its protection. An original definition is given to the concept of “co-owner of civil rights and/or responsibilities”. The author comes to the conclusion that in legal relations with third parties at the stage of exercising joint right/execution of joint responsibilities, co-owners act as a single subject, group, or collective. The author substantiates the need to single out the group of co-owners as a separate subject of civil rights and responsibilities.
Gribinichenko L. —
Signs of civil legal relations with the plurality of persons
// Law and Politics. – 2017. – ¹ 4.
– P. 25 - 35.
DOI: 10.7256/2454-0706.2017.4.22665
URL: https://en.e-notabene.ru/lpmag/article_22665.html
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Abstract: This article is dedicated to the analysis of key signs of civil relations with the plurality of persons, which allow delimitation from the adjacent legal phenomena. The author’s goal consists in formation of an integral and comprehensive perception about the aforementioned type of legal relations that is based on unification of the subject, object, and conceptual approach with primacy of the latter. The work examines the nature of the dependence of connection that emerges between the third party and one co-owner from connection existing between the third party and other co-owner. The author resolves the question of correlation between the categories of “plurality of persons” and “co-ownership of civil rights and/or responsibilities”, as well as reviews the broad and restricted approaches towards the definition of civil legal relations with the plurality of persons. The circle of legal phenomena that pertain to civil legal relations, complicated by the co-ownership of rights and/or responsibilities, has been determined. The scientific novelty lies in the thesis that the civil legal relations complicated by co-ownership is considered as a unified, complex legal relations, which represents a system that is formed by the two interconnected and mutually conditioned types of legal relations – internal and external. It is substantiated that the constitutive sign consists in the plurality of persons, while the presence of internal legal relations is between the co-owners (legal relations on co-ownership). The author is first to provide classification of the legal relations on co-ownership of civil rights and/or responsibilities. The following signs of civil legal relations with the plurality of persons are highlighted: complex character, systematicity, inconsistency of the number of parties and participants, co-ownership of civil rights and/or responsibilities, duplication of the object.
Gribinichenko L. —
Shared civil rights and/or responsibilities: legal form, nature, and general signs
// Law and Politics. – 2017. – ¹ 4.
– P. 36 - 51.
DOI: 10.7256/2454-0706.2017.4.22720
URL: https://en.e-notabene.ru/lpmag/article_22720.html
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Abstract: This work analyzes the existing approaches in civil doctrine towards the definition of legal form taken on by ties between joint parties; studies their legal nature; elucidates the key signs of shared ownership, which distinguish it from other similar legal phenomena. The theoretical importance of the conducted research is justified by the fact that sharing civil rights and/or responsibilities is the key sign of civil legal relations with multiple parties. The legal construct of joint ownership also has great practical significance, including allowing coordination and unification of actions of multiple independent individuals and accumulation of their finances for the purpose achieving single legal result. Based on the conducted research, the author concluded that the legal ties between joint owners represent civil legal relations, which emerges in realization of the shared right and/or responsibilities and has a special legal nature. The author is first to meticulously analyze the structure of joint ownership as civil legal relations.
Gribinichenko L. —
Signs of civil legal relations with the plurality of persons
// Law and Politics. – 2017. – ¹ 4.
– P. 25 - 35.
DOI: 10.7256/2454-0706.2017.4.43052
URL: https://en.e-notabene.ru/lamag/article_43052.html
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Abstract: This article is dedicated to the analysis of key signs of civil relations with the plurality of persons, which allow delimitation from the adjacent legal phenomena. The author’s goal consists in formation of an integral and comprehensive perception about the aforementioned type of legal relations that is based on unification of the subject, object, and conceptual approach with primacy of the latter. The work examines the nature of the dependence of connection that emerges between the third party and one co-owner from connection existing between the third party and other co-owner. The author resolves the question of correlation between the categories of “plurality of persons” and “co-ownership of civil rights and/or responsibilities”, as well as reviews the broad and restricted approaches towards the definition of civil legal relations with the plurality of persons. The circle of legal phenomena that pertain to civil legal relations, complicated by the co-ownership of rights and/or responsibilities, has been determined. The scientific novelty lies in the thesis that the civil legal relations complicated by co-ownership is considered as a unified, complex legal relations, which represents a system that is formed by the two interconnected and mutually conditioned types of legal relations – internal and external. It is substantiated that the constitutive sign consists in the plurality of persons, while the presence of internal legal relations is between the co-owners (legal relations on co-ownership). The author is first to provide classification of the legal relations on co-ownership of civil rights and/or responsibilities. The following signs of civil legal relations with the plurality of persons are highlighted: complex character, systematicity, inconsistency of the number of parties and participants, co-ownership of civil rights and/or responsibilities, duplication of the object.
Gribinichenko L. —
Shared civil rights and/or responsibilities: legal form, nature, and general signs
// Law and Politics. – 2017. – ¹ 4.
– P. 36 - 51.
DOI: 10.7256/2454-0706.2017.4.43055
URL: https://en.e-notabene.ru/lamag/article_43055.html
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Abstract: This work analyzes the existing approaches in civil doctrine towards the definition of legal form taken on by ties between joint parties; studies their legal nature; elucidates the key signs of shared ownership, which distinguish it from other similar legal phenomena. The theoretical importance of the conducted research is justified by the fact that sharing civil rights and/or responsibilities is the key sign of civil legal relations with multiple parties. The legal construct of joint ownership also has great practical significance, including allowing coordination and unification of actions of multiple independent individuals and accumulation of their finances for the purpose achieving single legal result. Based on the conducted research, the author concluded that the legal ties between joint owners represent civil legal relations, which emerges in realization of the shared right and/or responsibilities and has a special legal nature. The author is first to meticulously analyze the structure of joint ownership as civil legal relations.