Pub Date : 2023-08-18DOI: 10.37399/issn2072-909x.2023.9.49-59
Elena A. Ershova, Valentin V. Ershov, Jr
. The authors primarily analyzed the most relevant issues of actual labor legal relations: the theoretical validity of the terms (concepts) “labor relations” or “labor legal relations”; the ratio of the terms “actual labor legal relations” and “regulators of actual labor legal relations”; types of regulators of actual labor legal relations. The study draws the following conclusions. First: scientifically and theoretically more reasonable is the term (concept) “labor legal relations”. Second: actual labor legal relations are primary in relation to the regulators of actual labor legal relations. Third: objectively, there are legal and individual regulators, which are paired categories of actual labor legal relations.
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Pub Date : 2023-08-18DOI: 10.37399/issn2072909x.2023.9.5-20
Natalia M. Zolotukhina, Tatiana V. Vlasova
The article examines the ideas of medieval thinkers of the XI–XIII centuries about justice as the main function of the head of state – the Grand Duke. For an adequate understanding of their views, it is necessary to find out the origin and historical meaning of the main terms used by thinkers: “law”, “truth” and “justice”. Initially, the terms “law” and “truth” denoted concepts similar in content, but with the adoption of Christianity under the influence of doctrinal dogmas, the term “law” as a result of its sacralization expanded the scope of its content. They began to denote high values of religious status: the Laws of God, the Laws of Jesus Christ, the Laws of Ecumenical Councils, etc. At the same time, the legal nature of the law did not disappear, but was combined with the moral and ethical commandments of Christianity, which fully corresponded to the concept of sin as a violation primarily of the Divine Commandments, so the moral norms of Christianity, but also the laws of secular the authorities. However, the highest sacred concept of the law led to the fact that in everyday vocabulary princely decrees and orders were called princely “truth” [“Russian Truth” or “Тhe Truth of Yaroslav” (XI century.); “The Truth of Yaroslavich” (XII century)]. Justice as a religious and philosophical category was placed above all concepts and actions of people, since it was defined as “the property of Jesus Christ” embodied in the Gospel commandments. Every Christian should strive to achieve justice by steadily fulfilling all the Commandments of Jesus Christ in all spheres of political and legal activity, as well as personal life. Russian Russian medieval thinkers formulated their idea of justice on this religious and political basis, referring to the Books of the Bible, as well as the Byzantine and original Russian writings spread in Russia, presented in the article.
{"title":"Russian Thinkers of the XI–XIII Centuries on Justice","authors":"Natalia M. Zolotukhina, Tatiana V. Vlasova","doi":"10.37399/issn2072909x.2023.9.5-20","DOIUrl":"https://doi.org/10.37399/issn2072909x.2023.9.5-20","url":null,"abstract":"The article examines the ideas of medieval thinkers of the XI–XIII centuries about justice as the main function of the head of state – the Grand Duke. For an adequate understanding of their views, it is necessary to find out the origin and historical meaning of the main terms used by thinkers: “law”, “truth” and “justice”. Initially, the terms “law” and “truth” denoted concepts similar in content, but with the adoption of Christianity under the influence of doctrinal dogmas, the term “law” as a result of its sacralization expanded the scope of its content. They began to denote high values of religious status: the Laws of God, the Laws of Jesus Christ, the Laws of Ecumenical Councils, etc. At the same time, the legal nature of the law did not disappear, but was combined with the moral and ethical commandments of Christianity, which fully corresponded to the concept of sin as a violation primarily of the Divine Commandments, so the moral norms of Christianity, but also the laws of secular the authorities. However, the highest sacred concept of the law led to the fact that in everyday vocabulary princely decrees and orders were called princely “truth” [“Russian Truth” or “Тhe Truth of Yaroslav” (XI century.); “The Truth of Yaroslavich” (XII century)]. Justice as a religious and philosophical category was placed above all concepts and actions of people, since it was defined as “the property of Jesus Christ” embodied in the Gospel commandments. Every Christian should strive to achieve justice by steadily fulfilling all the Commandments of Jesus Christ in all spheres of political and legal activity, as well as personal life. Russian Russian medieval thinkers formulated their idea of justice on this religious and political basis, referring to the Books of the Bible, as well as the Byzantine and original Russian writings spread in Russia, presented in the article.","PeriodicalId":487513,"journal":{"name":"Российское правосудие","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136064639","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-08-18DOI: 10.37399/issn2072-909x.2023.9.29-39
Natalya V. Alekseeva, Larisa N. Pavlova
The article deals with the problems of legal regulation of appealing against an absentee decision in a civil procedure, namely the legal consequences of the receipt of the defendant’s appeal to the court, when the defendant missed the deadline for filing an application to cancel the absentee decision and the restoration of this time limit was denied. The authors conclude that if the defendant did not file an application for the annulment of the decision in absentia or he was denied the restoration of the deadline for filing such an application, the court of first instance should proceed from the fact that the appeal was filed against a court decision that is not subject to appeal in the appeal proceedings. The issue of applying the clarification given in the Review of Judicial Practice of the Supreme Court of the Russian Federation No. 2 (2015) is considered, the article substantiates that at present these clarifications are not subject to application.
{"title":"Controversial Issues of the Current Procedure for Appealing a Court Decision in Absentia","authors":"Natalya V. Alekseeva, Larisa N. Pavlova","doi":"10.37399/issn2072-909x.2023.9.29-39","DOIUrl":"https://doi.org/10.37399/issn2072-909x.2023.9.29-39","url":null,"abstract":"The article deals with the problems of legal regulation of appealing against an absentee decision in a civil procedure, namely the legal consequences of the receipt of the defendant’s appeal to the court, when the defendant missed the deadline for filing an application to cancel the absentee decision and the restoration of this time limit was denied. The authors conclude that if the defendant did not file an application for the annulment of the decision in absentia or he was denied the restoration of the deadline for filing such an application, the court of first instance should proceed from the fact that the appeal was filed against a court decision that is not subject to appeal in the appeal proceedings. The issue of applying the clarification given in the Review of Judicial Practice of the Supreme Court of the Russian Federation No. 2 (2015) is considered, the article substantiates that at present these clarifications are not subject to application.","PeriodicalId":487513,"journal":{"name":"Российское правосудие","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136064641","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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