Rybka O.S., Lyapustina N.A. —
Problems of legal regulation of MTPL insurance in the Russian Federation
// Legal Studies. – 2024. – ¹ 6.
– P. 15 - 29.
DOI: 10.25136/2409-7136.2024.6.70997
URL: https://en.e-notabene.ru/lr/article_70997.html
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Abstract: The subject of this study is the legal norms governing CTP in the Russian Federation, as well as the interpretation of these norms and judicial practice of their application. In the course of the work, the authors revealed the nature of insurance relations within the framework of auto insurance, and also identified many problems that currently exist in the field of CTP, namely: controversial regulation within the framework of penalties for insurance organizations and substitution of legislative power by the Supreme Court of the Russian Federation; problems of ignoring by courts and financial commissioners abuse of applicants, including failure to provide properly certified documents; problems related to the introduction of such a form of compensation as restorative repairs; problems related to penalties in excess of the limit, as well as the topic of fraud in the insurance sector. Within the framework of this scientific research, the authors used such methods of scientific cognition as: universal dialectical, logical, formal legal and hermeneutic. A special contribution of the authors of the research topic is the designation of problems of legal regulation and law enforcement in the field of CTP, which previously had not been paid attention to in the scientific community, while the authors relied on both judicial practice and personal professional experience, as well as scientific literature. In the course of the work, the authors concluded that the legal regulation in the field of CTP is imperfect, as well as that some problems can be corrected by making amendments to the current legislation. But at the same time, the authors emphasized that in the pursuit of perfection in one of the issues, including in the framework of preventing fraudulent actions, it is not necessary to ignore the rights and freedoms of citizens who may be affected.
Rybka O.S., Chekulaev S.S. —
Alternative ways of conflict resolution in Islamic law and the possibility of their application on the territory of the Russian Federation
// Legal Studies. – 2023. – ¹ 8.
– P. 1 - 20.
DOI: 10.25136/2409-7136.2023.8.40994
URL: https://en.e-notabene.ru/lr/article_40994.html
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Abstract: The subject of this study is alternative dispute resolution (ADR), namely the methods of ADR in Muslim law. The author examines in detail the methods of ADR regulated by Islamic law, such as Sulkh, Tahkim, Muhtasib, Fatwa, Med-Arb, as well as Wali Al-Mazalim, which is not currently used, but is of interest in the framework of the study. Also in the course of the study, the experience in regulating the ADR of a country like Malaysia is touched upon, in particular, aspects of regulating such methods as Sulh and Tahkim are touched upon. In the course of the study, the methods of ADR in Muslim law are compared with similar institutions in other legal systems. The scientific novelty of the study lies in the fact that it includes an analysis of existing alternative dispute resolution mechanisms in Islamic law and considers the possibilities of their application in Russia, as well as discusses problems related to this issue. The answers to these questions can become the basis for further development of legal science in the field of alternative dispute resolution methods, as well as find application in real life to reduce the burden on the courts, as well as for cross-cultural application in various fields, including with Islamic banking institutions. The main conclusions of this study are the possibility of applying Sharia law to regulate ADR, as well as a proposal to increase the possibilities of using ADR in court cases by creating a state mediation center and creating categories of cases in which the use of mediation in such a center will be a prerequisite for further consideration of the case.
Rybka O.S. —
Protection of the rights of persons undergoing medical examination for the purpose of conscription in the Russian Federation
// Legal Studies. – 2023. – ¹ 7.
– P. 71 - 81.
DOI: 10.25136/2409-7136.2023.7.43585
URL: https://en.e-notabene.ru/lr/article_43585.html
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Abstract: The object of this study is the social relations of medical examination during the conscription of citizens for military service in the Russian Federation, as well as the rights and interests of persons involved in these relations. The subject of this study is the protection of the rights and interests of persons who undergo a medical examination when conscripted into the army in the Russian Federation. The author reveals in detail the violations of citizens' rights by the conscription commission of the military commissariat during the medical examination by the military medical commission, including relying on judicial practice, and also suggests ways to solve problems related to these violations. The scientific novelty of the topic lies in the study of problematic aspects and practice of applying legislation in the field of medical examination during conscription, such as violation of the rules of examination, as well as disregard for the rights of citizens and the integrity of the procedure. This scientific study can provide new data and analysis of shortcomings in the medical examination procedure, which may be useful for subsequent amendments to legislation or the development of appropriate practical recommendations. The scientific study of this topic will also allow us to determine which legal mechanisms can be used to protect the rights of citizens in case of violation of their rights, as well as to develop recommendations for improving legislation and practice of its application in order to improve the situation in this area.