name
Didenko Asya Alekseyevna
Scholastic degree
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Academic rank
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Honorary rank
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Organization, job position
• Kuban State Agrarian University
преподаватель
Research interests
Современная система источников гражданского права. Разработка методологического понятия источника права, применение данных теоретических разработок в рамках науки гражданского права. Дальнейшее исследование нетипичных для отечественной правовой системы источников гражданского права: судебной практики и прецедента, а так же обычаев делового оборота
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Articles count: 12
Сформировать список работ, опубликованных в Научном журнале КубГАУ
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THE CONCEPT AND FORMS OF TENDERS IN THE CIVIL LAW
DescriptionIn modern civil turnover the definition of a bidding contract is a well known way of making contracts. Despite this fact, the modern legal science has not formed a general idea about the tender. In particular, the problem of this phenomenon is in minor investigation of the principle of the conclusion of agreement and the deal itself in the civil law. It requires further legal analysis in investigation of the legal procedures of the contract at the auction. Legal regulation of the relations in the area of conclusion of the contract on bidding is quite extensive in reality and evidenced by the reflection in the legislation of a significant number of trades. A vivid example is the legislation on the auction, conducted for the purpose of placing the state order. This legislation is comprehensive and currently is under in the process of reform in development of a new contractual system of the state order. The particular interest increase in the conclusion of the contracts by means of the electronic trading platforms. Thus, the situation in the field of legislation on the auction, its practical application and theoretical research in this field requires the further investigation of the bid process as a whole law area that illustrates the relevance of this article
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LEGAL PRACTICE AS A SOURCE OF CIVIL LAW
DescriptionThe article deals with the analysis of the role and place of court practice in the system of civil-law sources. The author introduces a debatable matter of the possibility to acknowledge the Russian law as case law; analyses significance of the judicial practice in the system of sources of the Russian law; outlines positions of experts on this matter and draws her own conclusions. The article provides a review of opinions of Russian law academics' and practitioners' on the topic of acknowledgement of judicial practice as a source of Russian law. The author debates and further concludes that assigning courts with the law-making function would benefit the efficiency of current legislation refinement. The author draws a conclusion that in the continental legal family court practice, which earlier wasn't considered a civil-law source, started gradually to turn into a secondary after civil legislation law source. The reason for it is because of more complicated social relations civil legislation failed to cope efficiently with the detailed legal regulation which is needed in property relations reglamentation. The author reveals the difference between the notions of "court practice" and "judicial precedent" and concludes that vesting courts with law making power can facilitate the improvement of the legislation in force, as well as the development of the civil law regulation. The final conclusion is that the litigation irrespective of the form of expression cannot be the independent source of law