scholarly journals A Practical and Analytic View on Legal Framework of Circular Economics as One of the Recent Economic Law Insights: A Comparative Legal Study

2022 ◽  
Author(s):  
Nima Norouzi
Keyword(s):  
Legal Framework ◽  
Legal Study ◽  
Economic Law ◽  
Circular Economics

The order of property realisation in bankruptcy (insolvency) procedure under the law of Ukraine and Germany

2021 ◽  
Vol 28 (4) ◽  
pp. 210-222
Author(s):  
Oleksandr D. Sviatotskyi ◽  
Rodion B. Poliakov
Keyword(s):  
Legal Framework ◽  
Legal Analysis ◽  
Electronic Trading ◽  
Trading System ◽  
Legal Study ◽  
Judicial Practice ◽  
Legal Provisions ◽  
German Legislation ◽  
The Law ◽  
The Right

The article represents a comparative legal study of the specifics of the order of debtor's property realisation in the bankruptcy procedure under the law of Ukraine and Germany through the application of hermeneutic (used in accessing the essence of the legal framework and judicial practice); axiological (in determining the evaluative base) along with phenomenological (and the nature of the phenomena); systematic (modeling of the functioning systems) methodological toolkit. The authors emphasise the importance of legal provisions governing the sale of the debtor's property, due to the natural proximity of this stage of the competitive process to the financial component, which, in turn, is inevitably associated with various abuses. An electronic trading system had been recently introduced in Ukraine, on which therefore many hopes and expectations were relied upon. However, the electronic trading system did not cope with tasks set, and many new problems were added to the old ones. The article states that the existence of problematic issues in the procedure of bankrupt property realisation is confirmed, in particular, by the court practice. However, judicial practice in itself often becomes a source of problems. The article pays special attention to the German legislation, which uses a radically opposite model of property sale in insolvency proceedings. The authors justifiably propose to make certain changes to the Ukrainian legislation, by using the positive experience of Germany. As a result of a comparative legal analysis of the legislation of Ukraine and Germany, the authors provide ways of solving the raised issues in the article. The implementation of the recommendations submitted within this comparative-legal study should improve the quality of bankruptcy proceedings, reduce the number of abuses by insolvency trustees, as well as protect the rights and property interests of competitive creditors and creditors with the right of separate satisfaction

scholarly journals Skutki prawne kontroli przedsiębiorcy prowadzonej z naruszeniem zasad kontroli

2018 ◽  
Vol 114 ◽  
pp. 623-636
Author(s):  
Michał Strzelbicki
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Public Economic ◽  
Economic Law ◽  
Scope Of Application ◽  
The Right ◽  
Legal Consequences

LEGAL CONSEQUENCES OF ENTREPRENEUR INSPECTION CONDUCTED IN VIOLATION OF PRINCIPLES FOR INSPECTIONWith the enforcement of the Business Activities Freedom Act, the provisions of Chapter 5 entitled “Entrepreneur Inspection” have become to apply in the Polish Public Economic Law. The essence of the regulation lies in the principles for inspection, namely standards to be met by each and every entrepreneur’s business inspection performed by administrative bodies. Legal regulation of entrepreneur inspection, providing for legal framework of the procedure and setting limits to the actions of the inspection authority, was aimed by the legislator to limit the natural advantage of the authority over the entrepreneur during the inspection proceeding.The legislator was aware that the very introduction of principles for inspection would not be sufficient to effectively protect entrepreneurs’ interests. For this reason, the administrative authorities have been obliged to apply the principles for trader inspection through far-reaching negative legal consequences to the authority in the event of breach. The article analyses such legal solutions which provide entrepreneurs with the right to pursue compensation from the state, and permit demanding that the evidence gathered during the inspection could not be used against such trader by the administration authorities the “fruit of the poisonous tree” principle. The author presents the scope of application of both such instruments, and takes a stand as regards related detailed issues which have so far been the bone of contention both in the doctrine and in the judgements.

scholarly journals Conceptual and Legal Framework for Promotion of Education for Sustainable Development: Case Study for Ukraine

2020 ◽  
Vol 9 (2) ◽  
pp. 42-54 ◽  
Author(s):  
Hudima Tetiana ◽  
Vesta Malolitneva
Keyword(s):  
Sustainable Development ◽  
Circular Economy ◽  
Basic Education ◽  
Integrated Approach ◽  
Legal Framework ◽  
Education For Sustainable Development ◽  
Educational Process ◽  
University Education ◽  
Transfer Of Knowledge ◽  
Economic Law

Promoting the sustainable development is currently a key global issue posing a challenge to all of us on personal, professional and political levels. The education plays a major role in this path, in particular the education for sustainable development (ESD). The traditional one-way transfer of knowledge is no longer sufficient to inspire the students to behave as responsible citizens. This article suggests a number of competencies, which must serve as a basis for ESD, as well as application of the multiple intelligence theory as a mechanism for implementing the competencies derived by students from ESD at the basic education level. It is proved that security competencies in the broadest sense (covering all levels, from personal to the global space) should also be included in the modern educational process. As for the university education, it is required to explain the concept of "sustainability" to all specialties without exception, including the political scientists, engineers and others. This is particularly important for training of experts dealing with the economic law issues. A lack of economic analysis in modern legal studies and development of regulations results in writing and adoption of idle laws hazardous for the country. To upgrade the education system in Ukraine, it is appropriate to develop the National Strategy on Education for Sustainable Development and its implementation plan based on the global Sustainable Development Goals. It is required to switch from traditional education to the model focused on sustainable development with the underlying extensive interdisciplinary knowledge based on an integrated approach to the development of society, economy, and environment. Implementation of this strategy should consider the adaptive nature of the regional education component, in particular the economic features of a relevant region. It is important to focus on the learning processes underlying the circular economy. Keywords: sustainable development, society, economy, environment, circular economy, education for sustainable development, sustainability, economic law.

scholarly journals SOCIAL MEDIA MISUSE: INSTITUTIONAL AND LEGAL FRAMEWORK IN MALAYSIA

2020 ◽  
Vol 5 (18) ◽  
pp. 57-67
Author(s):  
Nor Azlina Mohd Noor ◽  
Ahmad Shamsul Abd Aziz ◽  
Rusniah Ahmad
Keyword(s):  
Social Media ◽  
Social Interaction ◽  
Legal Framework ◽  
Legal Study ◽  
Consumer Demographics ◽  
Library Research ◽  
Online Tools ◽  
Study Methodology ◽  
The Government

Social media refers to a set of online tools designed for social interaction. Social media is a library of information that facilitates the dissemination of information and it is a powerful tool for communication activities. Due to the widespread reach of consumer demographics, social media has been misused by an irresponsible group of individuals. This article is therefore intended to analyse the issues relating to the institutional and legal framework of the misuse of social media in Malaysia. This article employs the qualitative legal study methodology in the form of library research. The data is derived from the analysis of some of the laws available in Malaysia and in information from related journals. Hence, this article concludes that the existing laws relating to the misuse of social media are sufficient. There is no necessity for the government to enact a new law relating to the misuse of social media as there is no specific law that would apply in all circumstances. However, these existing provisions need to be improved to ensure that they remain relevant in the era of the advancement of technology.

scholarly journals ANALISIS ECONÓMICO DEL DERECHO

2019 ◽  
Vol 11 ◽  
pp. 107-125
Author(s):  
YEISON PULIDO ◽  
◽  
WENDY BELLO ◽  
LAURA MANCIPE
Keyword(s):  
Economic Analysis ◽  
Basic Education ◽  
Legal Framework ◽  
Legal Order ◽  
Economic Analysis Of Law ◽  
Law Schools ◽  
Economic Agents ◽  
Avant Garde ◽  
Economic Law ◽  
Legal Foundation

Economic law incorporates the normative and principles framework that surrounds the various activities where legal foundation is required, due to legal order and reference when the economic agents or sectors know the legal framework that characterizes the action of the companies. The legal stipulation detached from economic law has reached its limit, since circumstances continue to appear that are not contemplated and that are conceived as atypical, little illustrative appreciation of the reality that companies that in no case are prescribed or confined have in front. One of the legal theories created in recent decades is the economic analysis of Law: the legal phenomena explained from the Economy. For his avant-garde, he had more critics than followers. In fact, it has not been accepted for basic education in law schools.

Еnforcement of Property Rights and Conractual Obligations

2003 ◽  
pp. 83-100 ◽  
Author(s):  
A. Radygin ◽  
R. Entov
Keyword(s):  
Property Rights ◽  
Legal Framework ◽  
Economic Consequences ◽  
Theoretical Approaches ◽  
Contractual Obligations ◽  
Regional Authorities ◽  
Practical Recommendations

The paper deals with theoretical approaches to the problems of property rights and contractual obligations and with analysis of economic consequences of the imperfect enforcement system. In particular, the authors consider Russian experience in the sphere of corporate conflicts. Legal and practical recommendations related to the improvement of legal framework, judiciary reform, executory process and different federal and regional authorities are also presented.

Determinants and barriers of PV self-consumption in Spain from the perception of the installers for the promotion of distributed energy systems

2020 ◽  
pp. 153-169
Author(s):  
José Ángel Gimeno ◽  
Eva Llera Sastresa ◽  
Sabina Scarpellini
Keyword(s):  
European Union ◽  
Energy Transition ◽  
Legal Framework ◽  
Low Carbon ◽  
The European Union ◽  
Distributed Energy ◽  
Sustainable Solutions ◽  
Highly Sensitive ◽  
Transition Scenario

Currently, self-consumption and distributed energy facilities are considered as viable and sustainable solutions in the energy transition scenario within the European Union. In a low carbon society, the exploitation of renewables for self-consumption is closely tied to the energy market at the territorial level, in search of a compromise between competitiveness and the sustainable exploitation of resources. Investments in these facilities are highly sensitive to the existence of favourable conditions at the territorial level, and the energy policies adopted in the European Union have contributed positively to the distributed renewables development and the reduction of their costs in the last decade. However, the number of the installed facilities is uneven in the European Countries and those factors that are more determinant for the investments in self-consumption are still under investigation. In this scenario, this paper presents the main results obtained through the analysis of the determinants in self-consumption investments from a case study in Spain, where the penetration of this type of facilities is being less relevant than in other countries. As a novelty of this study, the main influential drivers and barriers in self-consumption are classified and analysed from the installers' perspective. On the basis of the information obtained from the installers involved in the installation of these facilities, incentives and barriers are analysed within the existing legal framework and the potential specific lines of the promotion for the effective deployment of self-consumption in an energy transition scenario.

Legal framework for improvement of agroecology by cultivating jerusalem artichoke

2020 ◽  
pp. 59-66
Author(s):  
Mykhailo Kosmii ◽  
Vasyl. Kasiianchuk ◽  
Ruslan Zhyrak ◽  
Ivan Krykhovetskyi
Keyword(s):  
Environmental Protection ◽  
Organic Farming ◽  
Alternative Energy ◽  
Building Materials ◽  
Environmental Law ◽  
Jerusalem Artichoke ◽  
Legal Framework ◽  
Legal Regulation ◽  
Practical Application ◽  
Scientific Cognition

The purpose of this paper is to analyze and research the legal mechanisms which make it possible to improve agroecology through the organization of cultivation of Jerusalem artichoke.Methodology. The methodology includes comprehensive analysis and generalization of available scientific, theoretical, practical and applied material and development of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, historical and legal, logical and normative, systemic and structural, functional, normative and dogmatic, generalization methods. Results. The process of analysis and research highlighted the possibilities of cultivating Jerusalem artichoke for improving agroecology, namely improving the ecological state of the atmosphere air and soil, preparing them for organic farming. The article contains examples of practical application of tubers of Jerusalem artichoke and herbage for the production of therapeutic and prophylactic products, alternative energy and highly efficient building materials. Scientific novelty. The study found that the authors summarized and systematized the levels of legal regulation in the field of using Jerusalem artichoke for improving agroecology, preparing soil for organic farming, in particular: the inter-sectoral level which covers the interaction of agricultural and environmental law in terms of cultivation and use of Jerusalem artichoke; the level of integrated environmental and legal regulation; level of individual resource (floristic) legal regulation; the level of environmental protection (anthropoprotection) legislation.Practical importance. The results of the study can be used in law-making and environmental protection activities related to issues of cultivating and using the Jerusalem artichoke as a means of improving agroecology.

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