scholarly journals The problem of insufficient debtor’s property during bankruptcy

2021 ◽  
Vol 118 ◽  
pp. 04006
Author(s):  
Igor Valerievich Sarnakov ◽  
Aleksandra Vadimovna Sarnakova ◽  
Igor Valentinovich Matveev ◽  
Natalya Alekseevna Matveeva ◽  
Ekaterina Sergeevna Yulova
Keyword(s):  
Key Factors ◽  
Factors Affecting ◽  
Scientific Methods ◽  
Factors Influencing ◽  
Scientific Analysis ◽  
Special Scientific ◽  
General Scientific ◽  
Key Participants ◽  
Degree Of Filling ◽  
Epidemiological Situation

The purpose of the study is to determine the key factors affecting the occurrence of insufficiency of debtors’ property in modern conditions, as well as to formulate the main directions of overcoming them. The methodological basis of the research was the dialectical method of scientific knowledge, general scientific (analysis, synthesis, modeling), and special scientific methods (formal and legal, statistical). The result of the work was the formulation and substantiation of tasks, the setting of which is necessary for further scientific research aimed at increasing the number of satisfied creditors’ claims. In addition, the authors identified the elements of the legislatively enshrined bankruptcy mechanism, which require changes to resolve the indicated problem. In particular, the measures proposed by the authors will make it possible to increase the degree of filling the bankruptcy estate by modernizing the procedure for selling the debtor’s property, stimulating a more active position of the arbitration administrator to challenge the debtor’s transactions, and bringing his controlling persons to subsidiary liability. The novelty of the work lies in the identification of key factors influencing in modern conditions the appearance of signs of insolvency, the quality, and quantity of debtors’ assets, the insufficiency of their bankruptcy estate. Among them, objective economic reasons, imperfection of bankruptcy legislation, dishonesty of key participants in legal relations related to bankruptcy (debtor, bankruptcy administrator, majority creditors), unwillingness to use the institution of bankruptcy rehabilitation mechanisms, and the epidemiological situation are highlighted.

scholarly journals Criminal liability for cruelty to animals under the legislation of Ukraine: features of theory and practice

2021 ◽  
Vol 10 (42) ◽  
pp. 264-273
Author(s):  
Oksana Hrytenko ◽  
Vitaliy Prymachenko ◽  
Volodymyr Shablystyi ◽  
Ihor Karikh
Keyword(s):  
Social Relations ◽  
Criminal Liability ◽  
Theory And Practice ◽  
Factors Affecting ◽  
Scientific Methods ◽  
Legal Standards ◽  
Scientific Analysis ◽  
The Social ◽  
General Scientific ◽  
Cruelty To Animals

The study aimed to determine the characteristics of criminal liability for cruelty to animals. The object of the study is social relations arising in the field of morality protection. We used the following general scientific methods: dialectical, historical, descriptive, methods of scientific analysis and generalization. In addition to general scientific methods, we also used special methods: comparative legal and statistical. Having performed a retrospective analysis of criminal liability for cruelty to animals, we identified four historical stages in the formation and development of criminal legal standards for cruelty to animals. Having investigated the reasons for the social conditioning of criminalization for cruelty to animals, the authors identified a range of problems in the field of humane treatment of animals that require immediate solutions: the use of animals in scientific experiments, the manufacture of clothing from leather and animal fur, the activities of dog hunters and the use of animals in circuses. Factors affecting the cruelty of a person have been also identified. The delimitation of corpus delicti from an administrative offense is carried out according to several main criteria: the degree of public danger and consequences. International experience in the context of criminal liability for cruelty to animals is diverse.

Administration of the educational process (legal and linguistic-didactic aspects) in the conditions of quarantine and post-quarantine measures caused by covid-19

Eduweb ◽  
2021 ◽  
Vol 15 (2) ◽  
pp. 181-193
Author(s):  
Vira Mizetska ◽  
Olena Sierykh ◽  
Hanna Savchuk ◽  
Diana Yevtimova ◽  
Oleh Synieokyi
Keyword(s):  
Public Relations ◽  
Educational Process ◽  
Scientific Methods ◽  
Functional Changes ◽  
Educational Processes ◽  
Special Scientific ◽  
Science And Education ◽  
General Scientific ◽  
The Subject ◽  
The Impact

The aim of the study is to characterize the impact of the COVID-19 pandemic on the administration of the educational process on the examples of legal and linguistic-didactic aspects. The object of the study is systemic and functional changes in science and education under the influence of the COVID-19 pandemic. The subject of the study is public relations in the field of education and science in their legal and linguistic-didactic aspect under the influence of the COVID-19 pandemic. Research methods are general scientific and special scientific methods, in particular, system-structural, formal-legal, hermeneutic; methods of analysis, synthesis. As a result of the research, the peculiarities of administration of educational processes in the conditions of COVID-19 in the aspect of mechanisms of legal support of activity of bodies of education and science, linguodidactics were formulated; the characteristic of systemic changes in the sphere of education which have occurred under the influence of the distribution of a coronavirus is carried out; describe the main approaches contained in the current scientific literature to solve the above problems.

Types of law-making powers of the Ukrainian people

2021 ◽  
Vol 28 (3) ◽  
pp. 36-46
Author(s):  
Anatoliy M. Kolodiy ◽  
Olexiy A. Kolodiy
Keyword(s):  
Integrated Approach ◽  
Case Law ◽  
Methodological Framework ◽  
Scientific Methods ◽  
National Legislation ◽  
The People ◽  
Special Scientific ◽  
General Scientific ◽  
Legislative Initiative ◽  
Law Making

The relevance of this problem is considered in the fact that in modern conditions of the state's process of developing a sovereign and independent, democratic, social, and legal state, the people's awareness of its place and role is one of vital aspects. The Ukrainian people's awareness of their rights and obligations, in this case law-making ones, will contribute to a real opportunity for the people to take part in the management of state affairs. Despite the fact that the problem of the powers of the Ukrainian people is extremely relevant at this stage of the Ukrainian history, it is understudied by Ukrainian researchers. Therefore, considering the above, this study is investigates such types of law-making powers of the Ukrainian people as the rights to: people's initiative, and within its framework – people's legislative initiative and people's referendum initiative; people's veto; people's survey, including regarding regulations; people's examination of regulations and draft regulations. The purpose of the present study is to consider theoretical material concerning the state of possibility of using the above-mentioned types of law-making powers of the Ukrainian people, as well as foreign practices in their implementation. The methodological framework of this study included an integrated approach, which involves a combination of numerous philosophical, general scientific, and special scientific methods. Based on the obtained conclusions and generalisations, the study aims to develop original proposals and recommendations for improving national legislation on this matter

scholarly journals On jurisdiction in case of extradition of a foreign citizen by the Russian Federation: the problems of theory and law enforcement practice

2021 ◽  
pp. 27-35
Author(s):  
Alexander Fedyunin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Scientific Methods ◽  
Scientific Analysis ◽  
Criminal Procedure Law ◽  
General Scientific ◽  
The Russian Federation ◽  
Specific Regulation

The subject of this research is the issues emerging in consideration of jurisdiction of the material on extradition of a foreign citizen by the Russian Federation. The article touches upon the peculiarities of national and territorial aspect of jurisdiction, and its specific regulation in the criminal procedure law. The article employs the general scientific and private scientific methods, such as scientific analysis, generalization, comparative-legal, formal-logical, which allowed to most fully reflect the essence and problematic aspects of the selected topic. The question at hand is of major importance for the theory of criminal procedure and law enforcement practice, as the mistakes in determination of jurisdiction of the material are a severe violation of the rights, including the convict, and entail the unconditional annulment of court decision. The analysis of the most common mistakes occurred in application of the norms regulating the jurisdiction of extradition of a foreign citizen convicted by the court of the Russian Federation, as well as theoretical issues associated with determination of the court that deals with the particular issue allows outlining the vector and finding solution to the indicated problems.

scholarly journals JURISDICTION OF APPLICATIONS FOR THE REVISION OF JUDICIAL ACTS ON NEWLY DISCOVERED OR NEW CIRCUMSTANCES AND THE PROCEDURAL AND LEGAL CONSEQUENCES OF ITS VIOLATION

2020 ◽  
Vol 24 (4) ◽  
pp. 1141-1168
Author(s):  
Safura T. Bagylly ◽  
Larisa N. Pavlova
Keyword(s):  
Legal Regulation ◽  
Court Decisions ◽  
Unified Approach ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Scientific Analysis ◽  
Domestic Legislation ◽  
General Scientific ◽  
Administrative Proceedings ◽  
Legal Consequences

The article deals with the problematic items of choosing a court competent to review court decisions that have entered into legal force on newly discovered or new circumstances in civil and administrative proceedings. The aim of the authors is to conduct a study of the legal regulation of the jurisdiction of applications for review. The methodological basis of the article was formed by general scientific (analysis, analogy, description, synthesis, and systemic approach) and particular scientific methods (historical-legal, comparative-legal, and formal-legal). A retrospective analysis of legal acts of domestic legislation has been carried out. According to the results of the study, difficulties relate to interpreting and applying the existing rules on determining the appropriate instance for revision. Based on the analysis of the judicial practice of courts of general jurisdiction and arbitral courts, the authors come to the conclusion that there is no unified approach of the courts in determining the procedural and legal consequences of violations of the rules of jurisdiction. The conclusion summarizes proposals for improving the current legislation to eliminate ambiguities and achieve uniformity in judicial practice.

Constitutional and Legal Institute of the Ombudsman and Specialized Ombudsman for Migration in Foreign Countries: Formation and Development

2021 ◽  
pp. 54-61
Author(s):  
S. G. Trifonov ◽  
◽  
K. V. Trifonova
Keyword(s):  
Public Relations ◽  
Migrant Workers ◽  
Legal Rights ◽  
Scientific Methods ◽  
Legal Method ◽  
Special Scientific ◽  
Scientific Principles ◽  
Logical Method ◽  
General Scientific ◽  
Rights And Interests

Currently, the Ombudsman is a traditional component of democratic legal systems. The creation of such a body, as noted in the Council of Europe Resolution «On the role of commissioners/ombudsmen in the protection of citizens’ rights», which would try to ensure justice, respect for the foundations of the rule of law and at the same time be able to establish a dialogue with citizens, is necessary in many States. The purpose and objectives of this article are to consider the issues of the emergence and development of the constitutional-legal institution as an Ombudsman in General, and the evolution of this institution, in which there were various models and types of ombudsmen. It is also necessary to describe the existing models of the Ombudsman applied in different States. The article examines the functional specialization of ombudsmen, which occurs through the introduction of ombudsmen in certain areas of public relations or to protect the rights and interests of the most legally vulnerable categories and groups of the population, and specifically the emergence of the institution of migration ombudsmen. The methodology of the article is based on a set of philosophical and worldview, General scientific principles and approaches and special scientific methods of cognition of constitutional and legal phenomena. When writing, a number of General scientific and special scientific methods were used, including: system and structural-functional methods, sociological method, formal-logical method, comparative-legal method. As a result of the research, we can conclude that the essential characteristics of the Ombudsman institution have changed from the institution of supervision of the administration and the court to the most important human rights mechanism that it represents at the present stage. Within the framework of the functioning of the institution of the Ombudsman, different models have been identified in different States and specialized ombudsmen have appeared, including those dealing with the protection of the legal rights and interests of migrant workers.

Organizational and Methodical Aspects of Accounting for Fixed Assets of Economic Entities in Various Areas of Activity

2021 ◽  
pp. 177-185
Author(s):  
Anna Yu. Latysheva ◽  
Anna V. Romanenko
Keyword(s):  
Economic Aspects ◽  
Specific Nature ◽  
Accounting Data ◽  
Factors Affecting ◽  
Scientific Methods ◽  
Economic Entity ◽  
Fixed Assets ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Theoretical Developments

The authors propose a differentiated approach to the organization of fixed assets accounting, which consists in structuring the account 01 “Fixed assets” depending on their areas of activity of economic entities. This article also substantiates the composition of analytical accounts of fixed assets in the context of factors affecting the accounting. The study was carried out on an urgent topic - the accounting of fixed assets is undergoing changes due to legislative innovations. In addition, organizational and economic aspects and factors of a specific, industry-specific nature are of no small importance when building a system of accounting for fixed assets. The analysis of the role and significance of the influence of the characteristics of various types of activities of economic entities on the accounting of fixed assets allows us to identify the directions and methods, the use of which will ensure a positive dynamics of the efficiency of the use of fixed assets and the growth of labor productivity. In the course of the research, general scientific methods of cognition were used, such as analysis and synthesis, consistency and complexity, analogy, comparative and logical approach. The organizational and methodological provisions developed by the authors of the article contribute to the development of the methodology of accounting for fixed assets of economic entities engaged in various types of activities. Some of the results of this study can serve as a vector for further practical and theoretical developments, increase the transparency, relevance, and analyticity of information about the activities of an economic entity based on accounting and management accounting data. The recommendations and approaches proposed by the authors of the article can be applied as a basis for improving the accounting and methodological support for the management of fixed assets of an economic entity.

Research on software synchronization method of real-time ethernet distributed motion control system

2019 ◽  
Vol 39 (5) ◽  
pp. 904-916
Author(s):  
Zhengyu Huang ◽  
Lingyu Chen ◽  
Lianchao Zhang ◽  
Shixun Fan ◽  
Dapeng Fan
Keyword(s):  
Control System ◽  
Real Time ◽  
Motion Control ◽  
Key Factors ◽  
Motion Control System ◽  
Content Type ◽  
Factors Affecting ◽  
Synchronization Method ◽  
Factors Influencing ◽  
Synchronization Performance

Purpose This paper aims to analyze the key factors influencing the synchronization performance of distributed motion control system and to improve the synchronization performance for peripherals control of this system. Design/methodology/approach This paper deals with the software synchronization problems of distributed motion control system based on real-time Ethernet. First, combined with communication and control tasks, the key factors affecting synchronization performance of system are analyzed. Then, aiming at key factors and considering the synchronization of system bus, protocol conversion and task scheduling, a software synchronization method based on CANopen protocol and real-time Ethernet is proposed. Finally, the feasibility of this method is verified by establishing distributed motion control system and testing the synchronization performance of terminal control signals of slaves. Findings Based on this method, the results show that the synchronization accuracy for peripherals control of all slaves could be about 100 ns. Practical implications This research provides high-precision synchronization method, which could lay a foundation for the application of distributed motion control system in the field of assembly automation, such as multi-axis assembly robots control. Originality/value In distributed motion control system, many factors affect the synchronization performance. At present, there is no synchronization method that could comprehensively consider these factors. This paper not only analyzes the key factors influencing the synchronization performance of system but also proposes a synchronization method. Therefore, the method proposed in this paper has certain theoretical value and engineering significance.

scholarly journals Factors affecting guardians’ decision making on clinic-based purchase of children’s spectacles in Nigeria

PLoS ONE ◽  
2021 ◽  
Vol 16 (7) ◽  
pp. e0254517
Author(s):  
Ving Fai Chan ◽  
Ai Chee Yong ◽  
Ciaran O’Neill ◽  
Christine Graham ◽  
Nathan Congdon ◽  
...  
Keyword(s):  
Urban Areas ◽  
Cross Sectional Study ◽  
Key Factors ◽  
Design Quality ◽  
Cross Sectional ◽  
Factors Affecting ◽  
Cross River ◽  
Cross River State ◽  
Frame Design ◽  
Factors Influencing

Background This study aims to understand the key factors influencing guardians’ decisions when purchasing spectacles for their children in semi-urban and urban areas of Cross River State, Nigeria, where a spectacle cross-subsidisation scheme will be implemented. Methods This cross-sectional study was conducted among all consecutive guardians visiting the Calabar (urban), Ugep, Ikom and Ogoja (semi-urban) public eye clinics in Cross River State, southern Nigeria, from August 1 to October 31 2019, and whose children had significant refractive errors (myopia ≤-0.50D, hyperopia ≥1.50D, astigmatism >0.75D) and received spectacles. Guardians were interviewed using a questionnaire which included i) close-ended questions on reasons guardians choose to purchase spectacles for their children in eye clinics, ii) guardians’ perceptions of the quality and design of children’s current spectacle, iii) factors most heavily influencing their choice of spectacles for children, and iv) open-ended questions to seek guardians’ suggestions on how to improve the current spectacle range. Results All 137 eligible guardians (67.2% women [n = 92]) who visited the selected eye clinics participated in the study (response rate = 100%), with 109 (79.6%) from semi-urban and 28 (20.4%) attending urban clinics. Guardians from both urban and semi-urban clinics prioritised frame design, quality, and material as the main factors affecting their decision when purchasing spectacles for their children. Female guardians and those with higher incomes were both 1.5 times more likely to emphasise frame quality when describing selection criteria for purchasing spectacles for their children than male guardians (p = 0.01) or guardians earning less (p = 0.03). Conclusion Design, material, and frame quality are key factors influencing guardians when purchasing spectacles for their children in these setting and female guardians or those with higher income prioritise frame quality. This study could guide the planning and implementation of a novel cross-subsidisation scheme in Cross River State.

scholarly journals Restriction of the property rights

2021 ◽  
Vol 7 (Extra-A) ◽  
pp. 293-303
Author(s):  
Yury Alexandrovic Svirin ◽  
Vladimir Aleksandrovich Gureev ◽  
Alexandr Anatolievich Mokhov ◽  
Eduard Eduardovich Artyukhov ◽  
Igor Mikhaylovich Divin
Keyword(s):  
Theoretical Analysis ◽  
Historical Perspective ◽  
Theory Of Knowledge ◽  
Modern World ◽  
Legal Analysis ◽  
Scientific Methods ◽  
Special Scientific ◽  
General Scientific ◽  
The Difference ◽  
The Right

The authors examine the emergence of the institution of restrictions on the right to property from a historical perspective and also justify the need to introduce a mechanism of restrictions on the right in the modern world. The disclosure of the topic was carried out from the standpoint of general scientific, the method of theoretical analysis, and special scientific methods (comparative jurisprudence, technical and legal analysis, concretization, interpretation). The methodological basis of the study was the method of the theory of knowledge. The necessity of developing a mechanism for limiting the absolute right of ownership was justified, the difference between the restriction and encumbrance of the right of ownership was proved, and the place of the easement in the system of restriction on the right was investigated.  

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