Corporations, comity and the ‘revenue rule’: a jurisprudence of offshore

2021 ◽  
Author(s):  
Clair Quentin
Keyword(s):  
The State ◽  
Company Law ◽  
Tax Law ◽  
International Capital ◽  
Economic Relations ◽  
Corporate Capital ◽  
Corporate Form ◽  
Mutual Antagonism ◽  
Prevailing View ◽  
Property Regime

Abstract This article contrasts the territorial unboundedness of company law, arising from ‘comity’, with the territorial constraint imposed on tax law i.e. ‘the revenue rule’. ‘Comity’ is found to be a judicial fig-leaf disguising a form of corporate sovereignty arising from the fact that economic relations are always already constituted through the corporate form before any scrutiny of their ontology. This observation is developed into a theory of ‘offshore’. The prevailing view of offshore is that the state bifurcates its sovereignty to create juridical spaces where international capital is relieved of local tax/regulatory regimes. This article seeks to underpin that view with an analysis whereby corporate capital and state sovereignty are rival species of property regime, existing in a state of mutual antagonism. On this view offshore is the juridical space, manifesting itself through the aforementioned bifurcations, where the company is sovereign over the state rather than vice-versa.

The Doctrinal Basis of The Rights of Company Shareholders

1998 ◽  
Vol 57 (3) ◽  
pp. 554-588 ◽  
Author(s):  
Ross Grantham
Keyword(s):  
Political Power ◽  
The State ◽  
Company Law ◽  
Corporate Form ◽  
Moral Force ◽  
The Law ◽  
Normative Implications

THE concept of ownership is a complex, powerful and controversial idea. In law it explains, justifies and gives moral force to a host of rights and duties as well as serving to legitimate the allocation of wealth and privilege. The influence of this idea is, furthermore, everywhere embodied in the law. In company law, legal and economic conceptions have both rested on and have been shaped by the normative implications of ownership. Historically, ownership was the principal explanation and justification for the central role of shareholders in corporate affairs. As owners, shareholders were entitled to control the management of the company and to the exclusive benefit of the company's activities. Ownership also served to legitimate the corporate form itself. So long as it was owned by individuals the economic and political power of the company was both benign and a bulwark against the intrusion of the state.

PREREQUISITES FOR THE FORMATION OF A MECHANISM FOR STATE REGULATION OF SOCIAL GUARANTEES IN THE REGION

2017 ◽  
Author(s):  
Vitaly Lobas ◽  
◽  
Elena Petryaeva ◽  
Keyword(s):  
Social Protection ◽  
Well Being ◽  
State Regulation ◽  
The State ◽  
Point Of View ◽  
Periodic Review ◽  
Cost Of Living ◽  
Economic Relations ◽  
State Management ◽  
The Cost

The article deals with modern mechanisms for managing social protection of the population by the state and the private sector. From the point of view of forms of state regulation of the sphere of social protection, system indicators usually include the state and dynamics of growth in the standard of living of the population, material goods, services and social guarantees for the poorly provided segments of the population. The main indicator among the above is the state of the consumer market, as one of the main factors in the development of the state. Priority areas of public administration with the use of various forms of social security have been identified. It should be emphasized that, despite the legislative conflicts that exist today in Ukraine, mandatory indexation of the cost of living is established, which is associated with inflation. Various scientists note that although the definition of the cost of living index has a well-established methodology, there are quite a lot of regional features in the structure of consumption. All this is due to restrictions that are included in the consumer basket of goods and different levels of socio-economic development of regions. The analysis of the establishment and periodic review of the minimum consumer budgets of the subsistence minimum and wages of the working population and the need to form state insurance funds for unforeseen circumstances is carried out. Considering in this context the levers of state management of social guarantees of the population, we drew attention to the crisis periods that are associated with the market transformation of the regional economy. In these conditions, there is a need to develop and implement new mechanisms and clusters in the system of socio-economic relations. The components of the mechanisms ofstate regulation ofsocial guarantees of the population are proposed. The deepening of market relations in the process of reforming the system of social protection of the population should be aimed at social well-being.

Transformation of Scientific Approaches to the Practice of Regulating the Socio-Economic Development of a Region

2018 ◽  
Vol 11 (4) ◽  
pp. 102-110
Author(s):  
N. P. Molchanova
Keyword(s):  
Economic Development ◽  
Regional Economy ◽  
Historical Context ◽  
Scientific Discipline ◽  
State Regulation ◽  
The State ◽  
Economic Relations ◽  
Current Period ◽  
Socio Economic Development ◽  
Legislative Framework

The paper deals with the methodology and practice of the state regulation of the regional economy based on the legislative framework and works of Russian scientists in the historical context with account for the specifics of the current period of market transformation. The subject of research is organizational and economic relations, aimed at improving the management efficiency of regional socio-economic development. The purpose of research was to identify the key problems of the regional economy regulation preventing the balanced functioning of administrative-territorial entities and substantiate the need to boost measures of state support. Based on the dialectical cognition method and the system approach, the positions of leading scientists and scientific schools on topical issues of the regional economy as a scientific discipline were analyzed, which made it possible to identify the main reasons hampering socio-economic transformations and justify measures for running a more active regional policy. It is concluded that consistent improvement of methodological and organizational approaches creates prerequisites for improving the results of the socio-economic development at the regional level; however, in the current situation of the macroeconomic instability serious problems may arise to be resolved primarily by the state regulation.

PROSPECTS FOR THE DEVELOPMENT OF THE INNOVATIVE MARKET OF CHEMICAL TECHNOLOGIES IN RUSSIA

2021 ◽  
Author(s):  
Natalia Nikolaeva ◽  
Nikita Grinev ◽  
Pavel Barabanov ◽  
Elena Kulyuasova ◽  
Nikolay Kulyuasov
Keyword(s):  
Russian Federation ◽  
Chemical Industry ◽  
Technological Development ◽  
Global Market ◽  
The State ◽  
Economic Relations ◽  
Industrial Enterprises ◽  
Chemical Complex ◽  
The Russian Federation

"The transition of Russia to sustainable economic growth is impossible without stimulating the use of the achievements of science and education, high technologies, promoting innovative activity as an essential premise for the development of social production and subjects of economic relations. For the state, the promotion of innovation is a priority in the economic policy sector, since it is the level of scientific and technological development that largely determines the long-term strategic advantages of the country, and the prospects for the development of the state largely dependent on the level of innovation development. For a long time, the Ministry of Economic Development of the Russian Federation has been implementing the Strategy for Innovative Development of the Russian Federation. It includes 20 key steps and is developed based on the provisions of the concept of long-term development of the Russian Federation. The main results should have been, firstly, an increase in spending on science and innovation, and secondly, an increase in the share of industrial enterprises that introduce innovations in production. It was assumed that their share will increase by 4-5 times by 2020, compared with 2010 year. Not everything has been achieved, and there is a lot to strive for. This study is devoted to the driver of scientific and technological progress - the chemical complex of Russia. The chemical complex plays a significant role in the implementation of the most important socio-economic programs of the country. The study is devoted to the consideration of the most important prospects and key alternatives for the development of the chemical industry related to different areas of innovation. Conclusions will be made on key technologies and products that can change the position of the chemical industry in the global market."

THE POTENTIAL OF CUSTOMS PAYMENTS IN THE MODERN REALITIES OF TRADE RELATIONS WITH THE EAEU AND EU COUNTRIES

2021 ◽  
Vol 2 (2) ◽  
pp. 149-156
Author(s):  
I. A. ZHURAVLEVA ◽  
Keyword(s):  
Division Of Labor ◽  
Value Chain ◽  
Trade Balance ◽  
The State ◽  
Balance Of Payments ◽  
Economic Relations ◽  
Eu Countries ◽  
Trade Relations ◽  
Goods And Services ◽  
Important Regulator

Customs payments are an important regulator of the country's economic presence in foreign economic relations and trade relations. Customs receipts serve as a landmark indicator that provides the revenue side of the budget in its significant income, and also determine the place of the state in the system of the interna-tional division of labor and its corresponding place in the value chain. Customs duties (CD) act as a kind of regulator of the amount of goods imported into the territory of the state, taking into account the state and conditions of the domestic market and the country's balance of payments. The positive financial and economic multifactorial nature of CD is manifested in stimulating the optimization of the structure of imports of goods and services, and in addition, it can act as a tool to protect domestic producers from external competitors, and strengthen the state's trade balance.

Economic sovereignty and economic security of Ukraine (interrelation and mutual understanding) in the context of their doctrinal and legal support

2021 ◽  
Vol 28 (3) ◽  
pp. 209-223
Author(s):  
Vasyl Ya. Tatsii ◽  
Yevhen M. Bilousov ◽  
Daryna S. Kosinova
Keyword(s):  
Economic Security ◽  
The State ◽  
Mutual Understanding ◽  
Economic Relations ◽  
Economies In Transition ◽  
Effective System ◽  
National Model ◽  
Legal Security ◽  
Definition Of ◽  
National Systems

The purpose of this article is to address current issues of doctrinal and legal security of economic security of the state with the actualisation of issues concerning the relationship between the concepts of “economic security” and “economic sovereignty” in their relationship and mutual understanding. The authors pay attention to the analysis of existing in the national legal doctrines of individual countries scientific approaches to the definition of “economic sovereignty”, clarify its main features, analyse the scientific approaches of domestic and foreign researchers to define the concept of “economic security” and on this basis own vision of the instrumental content of these definitions. It is argued that the concept of “economic sovereignty” is primary in relation to the concept of “economic security”. The article examines the national systems (models) of economic security of the state, including, in particular, American, Japanese, Chinese, models of institutional entities (in particular, the EU), models typical of countries with economies in transition. The authors found that Ukraine is characterised by a system (model) of economic security of countries with economies in transition, which is fragmented and inconsistent in its construction, which ultimately affects the state of economic security of the state as a whole. It was found that the main goal of Ukraine at this stage of its development in the context of building a national model of economic security is to create an effective system of means to overcome or minimise existing or potential threats, especially in the context of globalisation of trade and economic relations. The paper emphasises the need to borrow positive foreign experience of legal support of relations for the creation and implementation of national systems of economic security of the state to gradually transform Ukraine into an important participant in the processes of international economic security

scholarly journals Turkey’s Hybrid Competitive Authoritarian Regime; A Genuine Product of Anatolia’s Middle Class

2016 ◽  
Vol 4 (2) ◽  
pp. 201 ◽  
Author(s):  
Nikolaos Stelgias
Keyword(s):  
New York ◽  
Middle Class ◽  
Political Power ◽  
Political Competition ◽  
Civil Liberties ◽  
Authoritarian Regime ◽  
The State ◽  
Economic Relations ◽  
Universal Suffrage ◽  
Hybrid Regime

Few years since the 9/11 Attacks in New York and following its rise to power, the AKP has gradually established a so-­called “competitive authoritarian regime,” in order to consolidate and secure its political power. This regime is hybrid and it is based on liberal principles (absence of tutelary authorities, protection of civil liberties, universal suffrage, free elections etc.). The AKP also provides for a reasonably fair level of political competition between the party in power (government) and the opposition. At the same time, however, the system shows some undemocratic features (violation of civil liberties, unfair elections, and uneven political competition.) This hybrid regime is based on three pillars: the state, the party and a newly emerged middle class in Anatolia. Through this hybrid regime Anatolia’s newly emerged middle class redefines its cultural and socio-­economic relations.

scholarly journals State Owned Enterprises Finance from the Perspective of State Funds

Yuridika ◽  
2019 ◽  
Vol 35 (2) ◽  
pp. 363
Author(s):  
Sopian Sitepu
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Company Law ◽  
Legal Issues ◽  
Clear Distinction ◽  
Constitutional Court ◽  
Court Decisions ◽  
State Budget ◽  
Legal Subject ◽  
The Status

The existence of State-Owned enterprises (SOE) as one of Indonesia’s legal entities, whereby the State owns part of all of the capital of the company has presented several legal issues. The BUMN Act that has become the basis for establishing State-Owned enterprises has become its own independent legal subject and separates itself from the wealth of the State and has adhered to the provisions of the Company Law Act so that the capital that is presented by the State to the corporation remains as the capital of the SOE and not form the State. However, existing legislations regarding State funds places the funds for SOE as being part of the State budget. This ambiguity in the status of BUMN Funds is not only found in legislations but also in two different constitutional court decisions that presents inconsistencies towards law enforcers. This clear distinction is crucial in the practice of law enforcement in Indonesia.

scholarly journals Foreign trade security and its support system as a special element of economic security of the state

2020 ◽  
Vol 28 (3) ◽  
pp. 597-607
Author(s):  
Anna Yu. Pak
Keyword(s):  
Foreign Trade ◽  
Economic Security ◽  
The State ◽  
External Influence ◽  
Main Constituent ◽  
Economic Relations ◽  
International Economic Relations ◽  
Definition Of ◽  
Constituent Elements

The article offers a classification of types of economic security and separately identifies foreign trade security as the most important element of the states economic security in the context of global escalation of trade contradictions in international trade. The essential characteristics of foreign trade security, characterized by permanent external influence, are revealed. Based on the identified features and characteristics, the definition of foreign trade security is given as a state of protection of exports and(or) imports from threats caused only by external influence, but not internal, in contrast to other types of economic security. It is shown that it is impossible to achieve the state of full provision of foreign trade security of the state in the conditions of participation in international economic relations. To resolve the contradiction between the goal of maximizing the effect of foreign trade activities and the simultaneous need to ensure security, we propose the formation of a scientifically-based system for ensuring foreign trade security and identify its main constituent elements.

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