The article is devoted to the study of the role and significance of legal presumptions and fictions
in Russian civil procedure law. The author examines in detail the concepts of “legal presumption”
and “legal fiction”, identifies the features of their content and legal functioning. Special attention is paid
to the issues of qualification of norms containing legal presumptions and fictions, and the legal status
of the relevant provisions of the Civil Procedure Code of the Russian Federation is analyzed (for example,
parts one of Article 68 and the third of Article 79). The specific cases of application of the institutions in
question in judicial practice are described, and a comparative analysis of the approaches of courts of general
jurisdiction to the application of presumptions and fictions is carried out. The work is aimed at
identifying ways to improve the legislative regulation of these categories, increase the effectiveness of their
application in court proceedings and ensure the protection of the rights of participants in civil law relations.
The article examines current theoretical and practical issues of administrative proceedings in cases involving challenges to financial sanctions. It considers the legal nature of financial sanctions, their place within the system of measures of legal liability, as well as their relationship with administrative coercive...
The article examines the content and role of the principle of justice in the administrative legal proceedings of the Republic of Kazakhstan in the context of the establishment of a new model of administrative justice. Based on a systematic and comparative legal analysis, the author examines the relationship between the...
Y. Akhmetov, A. Akhmetova, Ғ. Е. Имамбаева· BULLETIN of L.N. Gumilyov Eu...· 0 citations
Introduction.
At the current stage of development of social relationships, distinguishing the place and significance of judicial practices in the system of civil law sources in Russia is a pressing scientific problem. Although, Russian legal system formally refers to the Romano-Germanic legal family, which denie...
A. Kiseleva· Legal Order and Legal Values· 0 citations
This article comprehensively analyzes the specific characteristics of resolving public law disputes in the field of employment by administrative courts in the Republic of Uzbekistan. Within the framework of the research, the provisions of the Law “On Administrative Procedures,” the Code of Administrative Court Proceedi...
Sherzod Juraev· Uzbekistan Law Review· 0 citations
Purpose of the research. The literal content of Articles 69 and 70 of the Civil Procedure Code of the Russian Federation, which govern the summoning and examination of witnesses, is inconsistent with the prevailing judicial practice, under which the burden of securing a witness's appearance is effectively – albeit with...
Ilya K. Lyaskovsky· Gaps in Russian Legislation· 0 citations
Introduction: The implementation of the execution of court decisions that have acquired permanent legal force (inkracht) is one of the important aspects in upholding justice in Indonesia. However, in practice, many judgments cannot be implemented or executed in a timely manner, especially in civil disputes over land.
P...
R. Moenandar, Adonia Ivone Laturette, Barzah Latupono· PAMALI: Pattimura Magister L...· 0 citations
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