scholarly journals The Economic Analysis of the Law in the Sphere of Public Law Regulation of Activity of Economic Entities

2019 ◽  
Vol 62 ◽  
pp. 10005
Author(s):  
S.P. Bortnikov
Keyword(s):  
Public Relations ◽  
Economic Analysis ◽  
Legal Regulation ◽  
Point Of View ◽  
Economic Science ◽  
Economic Analysis Of Law ◽  
Economic Management ◽  
Time Interaction ◽  
Neoclassical Economic Theory ◽  
The Right

The relevance of work is caused by importance of correlation of the legal methods established by the power and the economic maintenance of the adjustable relations. In article the general approaches to legal regulation of economy, on the one hand, and to the economic analysis of law – with another are analyzed. The author argues the point of view according to which the correlation "law and economy" and differentiation of the economic analysis of continental and common law is necessary. Arguments in support of the centralized legal regulation and economic management of economy are adduced. Further author's main characteristics "the economic analysis of law" in the changing state of the Russian Federation, since 1990 are granted. In the most general sense methodological and ideological bases of approach to definition of legal regulation of economic management in the socialist and capitalist state are defined. According to the author, capitalism is also the deadlock direction of economic development. The approach existing in an economics represents attempt to extend phenomena of the neoclassical economic theory and neo institutionalism to the spheres of the public relations which are not connected with economy (i.e. economic approach to all social problems). Demand is not exclusively economic category, it extends also to the sphere of the right which is estimated also on availability, the price, alternative costs, usefulness. The author proves need of the researches covering boundary subject of law and economy. Arguments in support of this point of view are adduced. The conclusion is in conclusion drawn that need of researches on a joint of the right and economy is obvious now, and it concerns not only legal, but also equally economic science. At the same time interaction of sciences has to be carried out as equals, and amendments have to concern both fields of knowledge. In this regard researches "the rights and economies" can become one of the most perspective directions of development within both law, and economy.

scholarly journals The impact of economic analysis of law on legal thinking

2020 ◽  
Vol 6 (3) ◽  
pp. 109-114
Author(s):  
Ekaterina A. Koroleva
Keyword(s):  
Economic Analysis ◽  
Rational Choice ◽  
Point Of View ◽  
Economic Regulation ◽  
Economic Analysis Of Law ◽  
Race And Gender ◽  
The Law ◽  
And Gender ◽  
The Right ◽  
The Impact

The article deals with the main provisions of Richard Posners book How judges think, which is, according to the authors own assessment, an attempt by an American scientist to understand the motives that guide judges in making judgments. The emphasis Posner puts on psychology leads to the fact that the book gives the right to talk about how judges think, not about judicial behavior: considering traits, temperament, race and gender, as well as personal and professional experience. From all the above Richard Posner concludes that judges are guided by the rationality of actions and decisions. Therefore, special attention in this article is paid to the concept of rationality from the point of view of Posner himself, as well as the assessment of this concept from the point of view of Russian scientists V.L. Tambovtsev and L.V. Smorgunov, since this concept of rational choice reveals the essence of economic analysis of law. Special attention should be paid to the argument that according to Richard Posner, rational choice does not have to be without error in the conditions of lack of information or the complexity of its collection and analysis. The arguments of Henry Beckett, as one of the founders of the economic analysis of law, on rationality in the Commission of an offense are given. Also, the article considers the facts that allow to state that at present the economic analysis of the law has gone far beyond the initial attention to Antimonopoly regulation, taxation, regulation of public utilities, corporate Finance and other usual areas of economic regulation, the range of issues that can be resolved through economic analysis of the law is much wider and more diverse. According to the results of races-judgements and the estimation of economic analysis of law and the category of rationality in the legal field.

scholarly journals Economics and law: interrelation in modern world

2019 ◽  
Vol 89 (2) ◽  
pp. 139-146
Author(s):  
S. A. Sinitsyn
Keyword(s):  
Public Relations ◽  
Economic Analysis ◽  
Law And Economics ◽  
Legal Regulation ◽  
Limited Range ◽  
Modern World ◽  
Economic Analysis Of Law ◽  
Leading Role ◽  
Private And Public ◽  
Economic Analyses

The concept of the interdependence of law and economics is primarily expressed in modern legal studies by arguments for the leading role of economic analysis of law as a panacea for all possible defects in legal regulation. However, contemporary challenges dictate the urgent need to explore and critically evaluate the significance, completeness, and effectiveness of economic analyses of law and their impact on the legal system, as well as study the risks associated with the absolutization of this approach. This article demonstrates that the economic analysis of law is not based on the methods and algorithms of the legal and economic sciences, but rather represents an ideological tool of influence on legal consciousness and regulation that serves lobbying interests for specific legislative initiatives. The author analyzes the goals of the application of this methodology and its effects on the regulation of private and public relations and illuminates their differences. Based on an examination of regulatory and doctrinal Russian and foreign sources, the author demonstrates the limited range and purpose of economic analyses of the law as a methodological tool and suggests possible alternative approaches for revealing the relationship between law and economics, which are determined in consideration of modern developments in the economic and legal sciences.

scholarly journals La negociabilidad de los derechos laborales: un análisis económico

2012 ◽  
Vol 16 (34) ◽  
pp. 7-27
Author(s):  
Camilo Piedrahita Vargas
Keyword(s):  
Economic Analysis ◽  
Labor Markets ◽  
Applied Research ◽  
Legal Regulation ◽  
Labor Rights ◽  
Economic Analysis Of Law ◽  
Legal Principles

This paper shows the results of the applied research titled "Negotiating labor rights: an economic analysis", which analyzes the legal regulation on individual labor rights negotiation in Colombia from the viewpoint of basic economic principles (Economic Analysis of Law), in order to identify the inefficiencies caused by the prohibition of this type of negotiations. After introducing the discipline of the Economic Analysis of Law, this article specifically analyzes the main legal principles that support the prohibition of individual negotiations which summed to the economic characteristics of the agents (workers), produce inefficiency in the labor markets.

scholarly journals Legal nature of the requirements of the banking legislation of Ukraine to ensure credit operations of banks

2021 ◽  
pp. 297-305
Author(s):  
Anatoliy Babaskin
Keyword(s):  
Credit Card ◽  
Civil Law ◽  
Legal Regulation ◽  
Functional Method ◽  
Point Of View ◽  
The European Union ◽  
Scientific Publications ◽  
Economic Point ◽  
Legal Nature ◽  
The Right

Іintroduction. Despite the fact that a significant number of scientific publications by well-known Ukrainian authors are devoted to the issues of legal regulation of credit obligations, at the same time separate studies of banking legislation requirements on "acceptability of collateral" have not been conducted in Ukrainian civil science in recent years. This, taking into account the gradual alignment of banking legislation of Ukraine with the standards of Basel III, and Directive 2002/47 / EC of the European Parliament and of the Council of 6 June 2002 on financial collateral mechanisms, necessitates such scientific research. The aim of the article. On the basis of the analysis of the legislation of Ukraine, the legislation of the European Union, scientific advances in the sphere of civil law and banking legislation, in the context of the analysis of the banking legislation of Ukraine, it is safe for creditors. In order to achieve this goal: 1. Conduct an analysis of civil and legal species for the protection of crops for the subject of іх possible delivery to “acceptable safety” and vrahuvannya banks when opening a credit card. 2. Significantly "quasi-security", as viewed by the banking legislation in the form of "acceptable security" for credit cards. 3. Zdіysniti analysis of the approaches to the legislation of the EU in the field of protection from credit denominations. Results. The methodological basis of the study is general scientific and special legal methods of scientific knowledge. In particular, the dialectical method, the method of analysis and synthesis, the comparative law method, the functional method, the modeling method, etc. Conclusions. First, the banking legislation does not consider as "acceptable collateral" such types of collateral as penalty, surety, deposit, retention. Secondly, the banking legislation considers as "acceptable collateral" not only those specified in Part 1 of Art. 546 of the Civil Code of Ukraine types of security for performance of obligations (pledge, right of trust ownership, guarantee), and other types of security for performance of obligations provided by law or contract (reserve letter of credit, performing the function of financial guarantee, guarantees of public entities, guarantee payment), but also contractual constructions which do not concern types of maintenance of performance of obligations (repo agreements). Thus, the banking legislation considers collateral in credit operations from the economic point of view, according to which "acceptable collateral" is only such liquid collateral that guarantees the rapid recovery of the property of the creditor bank, which suffered damage due to default or improper performance of the counterparty loan obligation, as well as "quasi-collateral", if such is referred by banking legislation to "acceptable collateral". Third, the existence of rules in the banking legislation on the acceptability of collateral in no way affects the right of banks to use any type of collateral provided by law or contract, if the application of such is possible in credit relations, taking into account the legal nature of the relevant types. software. Fourth, the set of regulations of the National Bank of Ukraine on the acceptability of collateral can be considered as an institution of banking law, which includes as rules of civil law governing the types of collateral, other rules of contract law governing other "quasi-collateral" contractual constructions, as well as public-law special norms of banking legislation, which establish additional regulatory requirements for banks to ensure credit operations and calculate credit risk.

Public Servitudes for the Certain Types of Facilities Placing: Towards a Discussion on Public Interest Presence

2021 ◽  
Author(s):  
A.P. Ushakova ◽  
Keyword(s):  
Public Interest ◽  
Legal Regulation ◽  
Public Law ◽  
Point Of View ◽  
Private Interest ◽  
Public Interests ◽  
The Public ◽  
Private Interests ◽  
Arbitrary Decision ◽  
The Right

From the standpoint of the dominant interest criterion the article examines the justification of the legislator`s decision to apply public law methods in order to regulate relations concerning the use of land for infrastructural facilities placing. The author gives the arguments in favor of understanding the public interest as the interest of the whole society as a system, rather than the interest of an indefinite range of persons or the majority of the population. The author concludes that there is the simultaneous presence in the specified legal relations and private interests of the participants of legal relations, and public interests of society as a system. Both types of interests in these legal relations are important, but in terms of different aspects of the legal impact mechanism. Public interest is important because its realization is the purpose of legal regulation of this type of legal relations, from this point of view it acts as a dominant interest. The private interest of the holder of a public servitude is important as an incentive to attract the efforts of private individuals to achieve a publicly significant goal. The private interest of a land plot owner is important from the point of view of securing the right of ownership. It is substantiated that the public servitude is not an arbitrary decision of the legislator, but an example of application of the incentive method in the land law, which provides a favorable legal regime for a socially useful activity.

Tarifeinheit per Gesetz – 10 Thesen zu den Plänen der Bundesregierung zur Wiedereinführung der Tarifeinheit

2015 ◽  
Vol 64 (1) ◽  
Author(s):  
Martin Henssler
Keyword(s):  
Trade Unions ◽  
Legal Regulation ◽  
Point Of View ◽  
German Government ◽  
Federal Constitution ◽  
Essential Services ◽  
Political Problem ◽  
Legal Security ◽  
Distribution Of Power ◽  
The Right

AbstractOne basically has to welcome the plans of the German Government to legally clarify the questions arising from a collision of collective labour agreements caused by a revised jurisdiction. Companies need clear guidelines on how to handle the demands of several trade unions. Reciprocally, the trade unions, too, need legal security shown, for example, by the high compensation claims against the Air Traffic Controllers’ Union (GDF) jeopardising its existence. The legislator should no longer allow the collective labour system in the field of essential services to suffer from a growing discontent of the affected citizens being the main sufferers from the strikes.However, the current suggestion of the German Government by far exceeds the extent allowed by the Constitution. Procedural regulations combined with strictly limited constraints of the right to strike on the sector of essential services would be preferable.The political problem consists in the fact that - owing to the current distribution of power - a legal regulation might only be possible on the basis of a most fragile compromise between the German Federation of Trade Unions (DGB) and the Confederation of German Employers (BDA). Thus, Germany only has the choice of preserving this law quickly submitted to a constitutional examination or of not having a unity of collective bargaining agreements at all. Considering this background, should one not simply try to ask the Federal Constitution Court to reliably outline the frame of a legal regulation consistent with the Constitution? Contrary to the perspective of a scientist, this question can certainly be answered with “yes” from a point of view of the federations and politicians.

scholarly journals Problems of implementation of constitutional rights and freedoms of man and citizen in the context of COVID-19

2021 ◽  
Vol 2021 (1) ◽  
pp. 42-53
Author(s):  
Pavel Astafichev
Keyword(s):  
Cultural Values ◽  
Separation Of Powers ◽  
Legal Regulation ◽  
Point Of View ◽  
Constitutional Rights ◽  
Personal Privacy ◽  
Education Access ◽  
Constitutional Principle ◽  
Constitutional Right ◽  
The Right

The article is devoted to the study of a range of problems concerning the implementation of constitutional human rights and freedoms in the context of the threat of the spread of a new coronavirus infection. The author states that from the point of view of the implementation of the institution of constitutional rights and freedoms of man and citizen, the legal regulation pattern was likely to be the strengthening of guarantee of the constitutional right to the protection of life and health, in part, to the detriment of other constitutional rights and freedoms, first of all – the right to freedom of movement, personal privacy, work, freedom of individual enterprise, right to education, access to arts, culture and cultural values and use of cultural establishments. In case of COVID-19, preference was forced upon de facto federalism, which implies a reasonable decentralization of the subjects of jurisdiction and powers, vertical sharing of powers to guarantee the constitutional principle of separation of powers. The article proves that the executive power has the right to plan and organize sanitary and anti-epidemiological, preventive and even restrictive measures, but it cannot limit the constitutional rights and freedoms of citizens bypassing the will of the representation of the people in a democratic society. In extremis, when circumstances require an immediate solution, it is possible only for a very short time, used by a representative body to fully discuss and make a proper decision.

scholarly journals The sphere of land relations as a component of administrative and legal regulation subject

1970 ◽  
pp. 283-289
Author(s):  
Vladyslav Zalievskyi
Keyword(s):  
Public Relations ◽  
Local Governments ◽  
Legal Status ◽  
Great Part ◽  
Legal Regulation ◽  
Administrative Law ◽  
Point Of View ◽  
Land Relations ◽  
Private And Public ◽  
The Subject

The author’s approach to defining the range of land-related and ground-related phenomena based on administrative law is proposed in the article. The availability of subject authority power relations in the structure and the fulfillment of relevant functions is the main criterion for the separation of such relations. The expediency of using the term “sphere of land relations” as those arising in connection with the exercise of power by the executive authorities and bodies of local self-government is validated and the subject of the relations is land, ground area, rights to them, as well as objects and subjects derived from them. Land relations are one of the largest in volume masses regulated by the norms of public relations law where an absolute majority of both private and public entities are involved. However, due to the diversity of such entities and differences in their legal status, the legal regulation of land relations uses the methods inherent in both civil and administrative law. In addition, in terms of the land law the existence of its own legal regulation method is emphasized. A great deal of research has been devoted to the issues of administrative and legal regulation of land relations, in particular by such scientists as E. Gladkova, M. Kovalsky, V. Pakhomov, M. Shulga, O. Nevmerzhitsky, D. Busuyok and others. Relevant papers from the administrative law point of view emphasize that a great part of the relations which have the subject of land and the phenomena connected with the ground are covered by the subject of administrative law. The aim of this article is to determine the range boundaries of land-related and ground-related phenomena that are regulated by administrative law. Taking into account the normative definition peculiarities of the “land relations” concept content in order to make scientific research, it is more correct to use the term “administrative and legal regulation in the field of land relations” in comparison with the term “administrative and legal regulation of land relations”. The term “sphere of land relations”, in our opinion, should be understood as a set of relations, which in addition to land includes relations arising in connection with the exercise of power by executive authorities and local governments and the subject of these relations is land, ground area, rights to them, and subjects and objects derived from them.

scholarly journals Legal Regulation of Police Work Incentives

2020 ◽  
Vol 91 (4) ◽  
pp. 59-68
Author(s):  
K. V. Kovalenko
Keyword(s):  
Public Relations ◽  
Police Officer ◽  
Police Officers ◽  
Legal Regulation ◽  
Police Work ◽  
Work Incentives ◽  
The People ◽  
Effective Performance ◽  
The Right ◽  
External Incentives

Based on the analysis of scientific views of scholars, the author has established that the legal regulation of incentives for police work is the regulation of public relations by law means in regard to external incentives for police officers to highly professional, conscientious and dedicated performance of professional and official tasks, functions and powers, as well as their encouragement to achieve positive results in this work. It has been emphasized that the need for legal regulation of incentives for police work is due to the fact that, first of all, employees must know and understand what they can expect in case of successful, dedicated, high-quality and effective performance of their duties and responsibilities, as well as what they can expect in case of improper (not effective, in terms of the violation of law, official discipline, norms of public morality, professional ethics, etc.) perfomance of their powers; secondly, work incentives are provided not only through positive motivation and encouragement, i.e. in the form of receiving appropriate remuneration by a police officer or public recognition of his or her merits, but also through the possibility of prosecuting a police officer for improper performance of official duties. The author has proved that it would be appropriate to provide the right of other subjects, such as members of the public, to raise the issue of encouraging a police officer in order to reduce the dependence of police officers on their immediate superiors in terms of incentives for conscientious work and special merits to society, since police officers serve not the superior officer, but to the people of Ukraine. It has been clarified that the normative principles of implementing the incentive measures within the system of police agencies cause certain remarks that do not allow to consider incentives as an unequivocally effective tool for influencing the efficiency and quality of police officers’ performance of their professional tasks, functions and responsibilities; a tool that really encourages them to selfless and conscientious work in the interests and for the benefit of the people of our state.

scholarly journals Glosa do wyroku Wojewódzkiego Sądu Administracyjnego w Opolu z dnia 2 lutego 2017 r. II SA/Op 577/16

2019 ◽  
Vol 16 (2) ◽  
pp. 245-257
Author(s):  
Dariusz Mucha
Keyword(s):  
Higher Education ◽  
Education Institution ◽  
Legal Regulation ◽  
Point Of View ◽  
Education Students ◽  
Higher Education Institution ◽  
The Right

In the judgment with commentaries, the Provincial Administrative Court in Opole made a statement concerning the penalty of expulsion from a higher education institution as a disciplinary penalty declared only by disciplinary committees. From the point of view of the judgment with commentaries, it is of importance to specify that this penalty is not of “life-long” nature, nor dśs it result in deprivation of the right to study in other institutions. The author approves of the position held by the judgment with commentaries and claims it to be an accurate and significant voice of the judiciary, which may prove substantial in eliminating legal ambiguities (and absurdities) arising as a result of applying the provisions of law in regard to responsibilities of higher education students, drawing attention to the incomplete and insufficient form of the provision of the relevant legal regulation.  

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