Part I Rationales for State Aid Rules, 3 Evolution of State Aid Rules: Conceptions, Challenges, and Outcomes

2016 ◽  
Author(s):  
Kreuschitz Viktor ◽  
Nehl Hanns Peter
Keyword(s):  
Economic Integration ◽  
Action Plan ◽  
National Policy ◽  
Legal Framework ◽  
State Aid ◽  
The State ◽  
Soft Law ◽  
Policy Objectives ◽  
The One ◽  
Supranational Level

This chapter looks at the evolution of the legal framework for State aid during the past six decades of economic integration and addresses State aid rules in the context of balancing national policy objectives with the necessity to review aids at a supranational level. A dual trend emerges from the evolution of State aid rules over the last sixty years. On the one hand, the Court of Justice has played a key role in establishing new principles and designing rules governing State aid. In parallel, the Commission also acts as a rule-maker, by introducing relevant soft law and regulatory texts. In this context, the adoption of the Procedural Regulation in 1999 can be regarded as a turning point in the codification and development of State aid rules. The development of State aid is, however, not completed, as reflected in the last reforms of the State Aid Action Plan and the State Aid Modernization initiative.

scholarly journals Legal aspect of social entrepreneurship

2019 ◽  
Vol 91 ◽  
pp. 08071 ◽  
Author(s):  
Uliana Filatova ◽  
Nina Semeryanova ◽  
Svetlana Suslova ◽  
Alena Gabudina ◽  
Anna Kopytova
Keyword(s):  
Social Entrepreneurship ◽  
Legal Aspect ◽  
Legal Framework ◽  
The State ◽  
Point Of View ◽  
The Other ◽  
Social Entrepreneurs ◽  
Economic Relations ◽  
The One ◽  
Definition Of

The article discusses the main issues of definition of social entrepreneurship, both from economic and legal point of view. Since Russian legislature is only at the beginning of the way to create legal framework for activities, legislation on social entrepreneurship seems fragmentary and inconsistent. All of that adversely affects development of social entrepreneurship. Official city statistics (Nizhnevartovsk) show that less than a third of all entrepreneurs are interested in this type of activity; entrepreneurs who already have business in the field of social entrepreneurship mostly do not plan to expand current activities in this area. Analysis can contribute to creation of developed socio-economic relations in Russia. It can be achieved by building effective relations between social entrepreneurs and beneficiaries on the one hand, and also between social entrepreneurs and the state on the other.

scholarly journals Von Government zu Governance

2021 ◽  
Keyword(s):  
Conceptual Framework ◽  
Deliberative Democracy ◽  
Context Sensitivity ◽  
The State ◽  
The Other ◽  
Other Hand ◽  
State Of Research ◽  
The One ◽  
Supranational Level

This volume researches concepts of direct, participatory and deliberative democracy, their structures and procedures, and the role of actors. On the one hand, the volume focuses on questions of institutionalisation and the context sensitivity of participation-centred procedures in European federal and regional states. On the other hand, the volume addresses the question of the role that actors at the supranational level play or can play in the renewal of democratic processes. The state of research and its findings in theoretical and empirical democracy research provide the overarching conceptual framework for the volume. With contributions by Elisabeth Alber, Eva Maria Belser, Peter Bussjäger, Carmen Descamps, Annegret Eppler, Anna Gamper, Andreas Kiefer, Karl Kössler, Sabine Kropp, Olaf Leiße, Melanie Plangger, Julian Plottka, Wolf J. Schünemann, Christoph Schramek, Teija Tiilikainen, Jens Woelk and Carolin Zwilling.

scholarly journals Peculiarities of the cybersecurity of Ukraine formation in the conditions of hybrid war

2018 ◽  
pp. 94-111
Author(s):  
Yana Kybich
Keyword(s):  
Information Security ◽  
Modern Science ◽  
Legal Framework ◽  
The State ◽  
National Interests ◽  
Stage Of Development ◽  
Theoretical Approaches ◽  
Hybrid War ◽  
Russian Military ◽  
The One

In the article, the problem of information security of Ukraine at the present stage of development in the context of the information society evolution was analysed. The theoretical approaches to the definition of the essence of the concept of “cybersecurity”, “cyberspace” by Ukrainian and foreign scientists were discovered. It is determined that these concepts are widely used in modern science, but there is still no their clearly defined meaning, which, accordingly, complicates scientific comprehension and practical overcoming of problems and threats in the information space of Ukraine and harms the national interests of the state. The legal framework of Ukraine, which regulates the sphere of information security, in particular, legal acts adopted since 2014, were described. It has been proved, that cybernetic attacks on state information resources have become an integral part of the hybrid war, unleashed by Russia. It is indicated that with the onset of Russian military aggression, the transformation of national information legislation, including the one on cybersecurity, took place. The priority directions of the state policy in the field of ensuring the cybernetic security of Ukraine in the conditions of hybrid war were researched.

scholarly journals LEGAL PERPSECTIVE ON THE TRADE FACILITATION AGREEMENT (TFA): INDONESIA CASE STUDIES

2017 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Ozy Diva Ersya
Keyword(s):  
Case Studies ◽  
Legal Framework ◽  
The State ◽  
Soft Law ◽  
Legal Certainty ◽  
Trade Facilitation ◽  
Goods And Services ◽  
Legal Instrument ◽  
Legal Structure ◽  
Legal Uncertainty

he application of trade facilitation needs further analyses in the context of Indonesian’s law. So far Indonesia does not yet ratify the trade facilitation agreement. In one hand the trade facilitation is a compulsory requirement that must be fulfilled by a state, in other hands the state does not provide a legal instrument. The consequence is legal uncertainty to those parties who want to invest their money in Indonesia. The trade facilitation will also in line with ASEAN programs. Those programs have same purposes to fasten the movement of goods and services by providing legal certainty on trade facilitation foundations. The WTO TFA can be used as ‘soft-law’ for Indonesian legal framework to apply trade facilitation enhancement, although it is not yet ratified by Indonesia. The WTO TFA will easily appropriate and have legal force if the implementation of the WTO TFA into Indonesian national legal structure is also noticeable.

Strategic guidelines of ethno-national policy of Ukraine: Political and legal aspects

2021 ◽  
Vol 28 (4) ◽  
pp. 51-61
Author(s):  
Valentyna V. Dudchenko ◽  
Yuliia V. Tsurkan-Saifulina ◽  
Kostiantyn M. Vitman ◽  
Iryna O. Kresina ◽  
Oleksiy V. Kresin
Keyword(s):  
Policy Development ◽  
National Policy ◽  
Legal Framework ◽  
Legal Aspects ◽  
The State ◽  
International Standards ◽  
National Minority ◽  
State Budget ◽  
National Minorities ◽  
The Right

Problems and unresolved issues in the field of the Ukrainian political nation consolidation and national minorities rights protection are analysed. The normative legal acts regulating ethno-national relations in Ukraine are analysed. The necessity of reforming the ethno-national legislation, elimination of declarative, contradictory and conflicting norms is proved. Threats caused by separatist manifestations are shown. The main values, guidelines and directions of the Ukrainian state ethno-national policy development are determined. The creation of a legal framework for ethnocultural autonomy in Ukraine will contribute to the formation of an effective system of protection of the rights of citizens belonging to national minorities in Ukraine, which will meet international standards in the field of protection of national minorities. , and will allow to approximate the legislation of Ukraine in the field of protection of the rights of national minorities to the EU law. Each national minority will have the right to create its own ethnocultural (extraterritorial) autonomy in order to address the issues of preservation and development of ethnocultural identity without requirements and claims to the state and the state budget. This will eliminate the declarativeness of the relevant legislation, increase the level of self-organization of national minorities, redirect ethno-territorial requirements to ethnocultural, promote harmonization of ethno-national relations and interethnic harmony in Ukraine, consolidation of Ukrainian society into a political nation based on common citizenship

Confronting the Shadow State

2018 ◽  
Author(s):  
Henri Decoeur
Keyword(s):  
International Law ◽  
Organized Crime ◽  
Legal Framework ◽  
The State ◽  
Criminal Courts ◽  
International Convention ◽  
Policy Objectives ◽  
Criminal Groups ◽  
High Level ◽  
Normative Justification

This book examines the rules and mechanisms of international law relevant to the suppression of state organized crime, and provides a normative justification for developing international legal mechanisms specifically designed to address this phenomenon. State organized crime refers to the use by senior state officials of the resources of the state to facilitate or participate in organized crime, in pursuit of policy objectives or personal profit. This concept covers diverse forms of government misconduct, including partnerships with organized criminal groups involved in drug trafficking, the plundering of a country’s resources by kleptocratic rulers, and high-level corruption schemes. The book identifies the distinctive criminological characteristics of state organized crime, and analyses the applicability, potential, and limits of the norms and mechanisms of international law relevant to the suppression of state organized crime. In particular, it discusses whether the involvement of state organs or agents in organized crime may amount to an internationally wrongful act giving rise to the international responsibility of the state, and highlights a number of practical and normative shortcomings of the legal framework established by relevant crime-suppression conventions. The book also sketches proposals to develop an international legal framework designed to hold perpetrators of state organized crime accountable. It presents a normative justification for criminalizing and suppressing state organized crime at the international level, proposes draft provisions for an international convention for the suppression of state organized crime, and discusses the potential role of the UN Security Council and of international criminal courts and tribunals, respectively, in holding perpetrators accountable.

Compatriots Abroad: Preserving the All-Russian Cultural Identity

Istoriya ◽  
2021 ◽  
Vol 12 (6 (104)) ◽  
pp. 0
Author(s):  
Liya Vasilieva
Keyword(s):  
Cultural Identity ◽  
Russian Federation ◽  
State Policy ◽  
National Policy ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Independent Direction ◽  
The Russian Federation ◽  
Further Development

Based on the principle of continuity of the Russian statehood, the recognition of a person, his rights and freedoms as the highest value, and the focus on modern democratic achievements, the Russian Federation supports compatriots living abroad in the exercise of their rights, ensuring the protection of their interests and preserving the all-Russian cultural identity. For this purpose, an independent direction of state policy was identified, and an appropriate legal framework was formed. According to the Strategy of the State National Policy of the Russian Federation for the period up to 2025, the support of compatriots living abroad, the promotion of their relations with the Russian Federation and voluntary resettlement in the Russian Federation is one of the priorities of the state national policy of the Russian Federation. The importance of the issue of support for compatriots for the state is evidenced by the consolidation of the provision on support for compatriots at the constitutional level by the 2020 amendment (Part 3 of Article 69 of the Constitution of the Russian Federation): Clear constitutional guidelines were established for the further development of State policy in this direction. The article deals with the dynamics of legal regulation in the field of support of compatriots and legal problems in this area, the existing conceptual framework, foreign experience in regulating issues of support of compatriots.

scholarly journals LEGAL PERPSECTIVE ON THE TRADE FACILITATION AGREEMENT (TFA): INDONESIA CASE STUDIES

2016 ◽  
Vol 1 (1) ◽  
Author(s):  
Ozy
Keyword(s):  
Case Studies ◽  
Legal Framework ◽  
The State ◽  
Soft Law ◽  
Legal Certainty ◽  
Trade Facilitation ◽  
Goods And Services ◽  
Legal Instrument ◽  
Legal Structure ◽  
Legal Uncertainty

The application of trade facilitation needs further analyses in the context of Indonesian’s law. So far Indonesia does not yet ratify the trade facilitation agreement. In one hand the trade facilitation is a compulsory requirement that must be fulfilled by a state, in other hands the state does not provide a legal instrument. The consequence is legal uncertainty to those parties who want to invest their money in Indonesia. The trade facilitation will also in line with ASEAN programs. Those programs have same purposes to fasten the movement of goods and services by providing legal certainty on trade facilitation foundations. The WTO TFA can be used as ‘soft-law’ for Indonesian legal framework to apply trade facilitation enhancement, although it is not yet ratified by Indonesia. The WTO TFA will easily appropriate and have legal force if the implementation of the WTO TFA into Indonesian national legal structure is also noticeable. Abstrak: Penerapan regulasi tentang fasilitasi perdagangan internasional (TFA) dalam sistem hukum Indonesia memerlukan kajian lebih lanjut dan komprehensif. Selama ini indonesia belum meratifikasi persetujuan tentang TFA. Disatu sisi secara hukum internasional TFA harus diterapkan oleh suatu negara, akan tetapi masih banyak negara yang belum menerapkan TFA sebagai instrumen hukum di negaranya. Akibat dari kekosongan hukum tentang TFA banyak negara yang enggan menanamkan investasinya di Indonesia. Padahal TFA telah sejalan dengan program-program negara ASEAN. Karena pada intinya program TFA mempunyai tujuan sama yaitu mempercepat pertumbuhan ekonomi melalui percepatan pergerakan barang dan jasa dengan memperkuat pondasi hukum TFA. Sejauh ini WTO TFA dapat dipergunakan sebagai dasar hukum tak mengikat dalam sistem hukum Indonesia. Karena walau bagaimanapun pada suatu waktu WTO TFA bisa dijadikan kepastian hukum di tingkat internasional. Kata Kunci: Fasilitas Perdagangan, Perspektiv Hukum, Program ASEAN

scholarly journals Is the legislation important in the context of transfer pricing?

2021 ◽  
Vol 92 ◽  
pp. 02067
Author(s):  
Katarina Zvarikova ◽  
Erika Kovalova
Keyword(s):  
Tax Evasion ◽  
Slovak Republic ◽  
Transfer Pricing ◽  
Value Added ◽  
Legal Framework ◽  
The State ◽  
The Other ◽  
Best Interest ◽  
Other Hand ◽  
The One

Research background: The continuing trend of globalization and interconnection of national economics is reviling many opportunities as well as threats arising from this development. The transfer pricing is one of these issues as a legal framework to adjust the tax base. But on the other hand, this issue also affects other important areas and reveals its risks. There is focused on the transfer pricing and its legal framework in these presented papers as recent years have indicated that there is a huge necessity to regulate and legislatively define the transfer pricing on the part of the state. And although we can take the opinion that this is a modern issue, we have been encountering this problem since 1915 and since this time it is gaining in its importance. Purpose of the article: We can distinguish two different parties. On the one hand, there is a company (most of the time its multinational company) with its goal to achieve the best possible efficiency also by paying the lowest possible taxes. On the other hand, we recognize the state with his aim of optimal tax policy allowing it to maximize the amount of collected taxes, i. e. it should be in the best interest of the state to define the transfer pricing precisely to prevent possible tax evasion. Methods: The main method used in the article is literature research and analysis of the law documents. Findings & Value added: The aim of this article is to identify the basic legislative guidelines in the field of transfer pricing in the international level as well as in the level of the Slovak republic.

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