Taurida national University of C. I. Vernadsky
Author list of organization
List of articles written by the authors of the organization
-
SOME ISSUES OF THE ABUSE OF FREEDOM OF CHOICE IN THE FORMS OF CONTRACTS
Description
The article is devoted to one of the most disputable categories of jurisprudence –excessive use of power. The author considers the already known issues with the application of the principle of the inadmissibility of excessive use of power, as well as new ones in connection with the amendments to the Civil code of the Russian Federation. The article analyzes the issues of individuals’ misuse the freedom of choosing the type of denominated contract sample in the context of making mock and sham transactions. General and specific signs of the mock and sham transactions are analyzed, bearing in mind doctrinal positions and judiciary practice. In the article we give an analysis of the novelties of the civil legislation on the excessive use of power, the examples of judicial practice of the forms of excessive use of power, we have analyzed legally significant circumstances to be established by the arbitration court attached to each form of excessive use of power. The author considers the main characteristic of the "excessive use of power" category to be its moral and ethical aspect. A thinking activity of judges assessing the evidentiary basis in awarding judgment has a great value
-
Description
The reduction of the period of incarceration and early release from the convict labor gangs of civil authorities were a common practice for these places of detention, provided by a number of legal acts: the decree of 1834 "On determining the period of stay the vagrants in convict labor gangs of civil authorities in Novorossiysk region", 22 October 1836: "On the age of criminals, awarded, instead of referring to the settlement, to return in the military service", the regulation on 15 August 1845 “On the correctional convict labor gangs of civil authorities, decrees April 17, 1863 "On some changes in the present system of criminal and correction penalties", October 19, 1863"On temporary measures to cleanse of convict labor gangs of civil authorities from the accumulated therein prisoners, "13 May 1866 "On the reduction of the time of detention of arrestees in convict labor gang of civil authorities". Also it was continued the refinement of operating regulations for reduction of the period of incarceration in 1880. So, MPM in January 11 sent to the governor an explanation №302 "On the procedure of reduction of the time of detention for arrestees of correctional departments." It contained a clarification and explanation of the application of the provisions of the May 13, 1866.In May 15, 1880 to Tauride governor was sent another circular "On abolition of deportation to Siberia without the content in correctional departmentsof certain categories of prisoners." The main condition in most cases peaked good behavior and hard work of the prisoner. The decision was made by the head of the department and submitted to the trustees committees for final decision. The reduction of the prison term used as an exceptional measure to reduce the contingent of places of detention
pdf 206.470kb
doc 206.470kb