Open AccessLegally relevant messages in the inter-branch analogy of the law
Author(s) -
Varvara Vladimirovna Bogdan,
Olga Korotkikh
Publication year - 2019
Publication title -
advances in law studies
Language(s) - English
Resource type - Journals
eISSN - 2500-428X
pISSN - 2409-5087
DOI - 10.29039/2409-5087-2019-7-3-21-25
Subject(s) - analogy , novelty , relevance (law) , order (exchange) , law , legislation , civil code , political science , norm (philosophy) , set (abstract data type) , law and economics , computer science , business , sociology , psychology , epistemology , finance , programming language , social psychology , philosophy
The article deals with the specifics and prospects of using legally relevant messages in different branches of law. Also the authors analyze the court cases in order to determine the problems of efficiency of such using. Among the significant factors preventing the application of article 165.1 of the Civil code of the Russian Federation in other branches of law, the authors draw attention to the imperfection of the norm itself, and also emphasize its public nature in some cases. The authors note that the messages as part of the procedure for the seizure of land have legal relevance for their owners. The methodological basis of the research is a set of general scientific and private scientific methods such as: system-structural, analysis, formal-legal, logical and others. Scientific novelty of the research is that the authors, on the basis of theoretical insights, legislation and court cases propose to identify the legally relevant messages in the administrative procedure for searching holders of the seizuring property as appropriate and necessary way of ensuring the rights and lawful interests of these holders.