Title: Правовая природа виндикационных и негаторных исков в деятельности федеральных государственных бюджетных образовательных учреждений Высшего профессионального образования
Abstract: The article is devoted to the legal nature of replevins and negatory actions in the activities of a federal state budgetary educational institutions of higher professional education (hereinafter FSBEI HPE). The mixed nature of the claim is noted in the article. The author considers different points of view of scientists about the substantive and procedural legal nature of the claim. The author believes that the right to sue of a FSBEI HPE is of substantive nature. At the same time, replevins and negatory actions are of procedural nature. The comparative analysis of the institution of a civil action in criminal proceedings is contained in the article. Procedural issues of fulfilment of a replevin and of a negatory action by a FSBEI HPE in court are discussed in the article. The author disputes the appropriateness of the placement of the procedural provisions among the rules of substantive nature. According to the author, consolidation of procedural rules in the material laws governing of a FSBEI HPE are incorrect. The author believes that the legal nature and essence of substantive and procedural law is different, since the subject of the regulation are different branches of law, in particular, educational law, civil and civil procedure. Such rules, undoubtedly, are closely connected with each other, they supplement each other as constant and dynamic. In this regard, the author proposes to transfer the rules governing the institution of civil action (Chapters 11 and 12 of the Russian Civil Code) in the Russian Federation's Law On Education in the Russian Federation.
Publication Year: 2015
Publication Date: 2015-01-01
Language: en
Type: article
Access and Citation
AI Researcher Chatbot
Get quick answers to your questions about the article from our AI researcher chatbot