scholarly journals Legislative Approaches for Regulation of the Bankruptcy: State and Prospects

2016 ◽  
Vol 2 (3) ◽  
pp. 21
Author(s):  
Margarita S. Bachvarova
Keyword(s):  
Legal Regulation ◽  
Theoretical Concept ◽  
Legal Systems ◽  
Legal Analysis ◽  
The Us ◽  
Judicial Proceedings ◽  
Common Concept ◽  
Bankruptcy Code ◽  
Characteristic Features ◽  
The Individual

The present article is a comprehensive research focused on the issue of legislative approaches for regulation of bankruptcy in individual countries. The occurrence of economic crises and the globalization in international relations put forward the issue of preserving viable enterprises regardless of any financial hardships arisen and any risk of initiating a court procedure of bankruptcy. The establishment of updated legislation is inextricably bound up with the building up of a theoretical concept of insolvency based on the contemporary doctrinal achievements and practice. The comparative legal analysis of regulations shows the efforts put in science for the creation of a common concept and approach to bankruptcy issues. In this relation, the subject of scientific and research interest are the characteristic features of the legal regulations for handling insolvency in individual countries, determined by their belonging to the two main legal systems: the system of common law and the continental legal system (civil law). The scientific thesis in the present study is that regardless of the specific features of the historical and legal regulation of the bankruptcy concept, currently, a process of introducing rehabilitation procedures of the US legislation (Chapter 11 of Bankruptcy Code) into the individual legal systems of a number of countries in Europe is going on. In this sense, a trend is arising of applying a single legislative approach related to the concept of fresh start of conscientious entrepreneurs and an opportunity of sanitation of their enterprises before the initiation of formal judicial proceedings of bankruptcy on the basis of mutual concessions and compromises made by the creditors.

scholarly journals THE FOREIGN EXPERIENCE OF IMPROVEMENT OF NATIONAL LEGISLATION IN THE FIELD OF ELECTRONIC REGULATION STATE REGISTERS

2019 ◽  
pp. 47-50
Author(s):  
O. O. Bernaziuk
Keyword(s):  
Electronic State ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Unified Approach ◽  
Telecommunication System ◽  
National Legislation ◽  
Foreign Experience ◽  
Legal Principle ◽  
Characteristic Features ◽  
State Registration

The article is devoted to the study of foreign experience of improving national legislation in the field of regulation of the organization of electronic state registers. The author analyzed scientific conceptual approaches to defining the concept of state registration, on the basis of which a number of characteristic features of state registration were distinguished. Based on the scientific and legal analysis, it is concluded that the objects of state registration may include, in particular: information about natural and legal persons, things (movable and immovable), property and other rights (property rights, leases, easements, etc.), documents (regulations, court decisions, statutes, etc.), legal facts (birth, death, acquisition or loss of citizenship, formation, reorganization, liquidation of a legal entity, public association, commencement or termination of a pre-trial investigation, enforcement On proceedings, etc.). The author analyzes foreign experience of countries such as Georgia, Germany, Sweden in the field of legal relations arising in the sphere of state registration and organization of electronic state registers. Based on the analysis, it is concluded that one of the significant shortcomings of national legislation in the field of legal relations arising in the field of state registration is the lack of a single legislative approach to the formation of the list of information about the object of state registration. In order to improve the legal regulation of state registers, including in the light of foreign experience in this field, the author has developed the following proposals, in particular, to introduce a unified approach to: defining the concept of “state registry” (as an information and telecommunication system), “state registration” (as a type of state activity); the procedure of keeping state registers, if their holder is one body; Introduce the legal principle of determining the amount of information about a state registration object, in particular: extending the information contained in public registers and minimizing information in non-public registers.

scholarly journals Legal Convergence as a Trend of Global Legal development. Review of the Monograph: Bezborodov Yu.S. “Methods and Forms of Legal Convergence in International Law”. Moscow, Prospect, 2020. 240 p. (in Russian).

2020 ◽  
pp. 145-153
Author(s):  
R. M. Khalafyan
Keyword(s):  
International Law ◽  
Methodological Approach ◽  
Scientific Work ◽  
Legal Regulation ◽  
Current Phase ◽  
Legal Systems ◽  
Legal Analysis ◽  
Legal Doctrine ◽  
Social Phenomena ◽  
Scientific Methods

INTRODUCTION. The review reflects the specifics of the methodological approach, implemented by Yu.S. Bezborodov in the analysis of the current phase of interaction between national legal systems and international law. Reference is made to the creation of a new conception that employs the notion of legal convergence to reveal the mechanism of getting national legal systems affinitive to each other. Attention is drawn to the content of legal convergence, the reasons for its dissemination, the link with international law as well as the correlation of convergence with related categories – globalization, universalization, sovereignty, etc. The author’s views on the interrelation between sovereignty and supranationality, universalization and localization as conditions of functioning of international law, constituting the predominant basis of convergence of national legal systems, are presented. The evaluation is given to the author’s position concerning the methods of legal convergence, in particular international legal integration. The emphasis is given to correlation of the presented forms of legal convergence. It is pointed out that comparative and legal analysis of integration in different regions of the world, including in the post-Soviet space, is important for understanding the current results of legal convergence.MATERIALS AND METHODS. The study is based on the conclusions and approaches formulated in the peer-reviewed monograph as well as the materials of the domestic and international legal doctrine on the subject-matter concerned. In writing the review the author used general and special scientific methods.RESEARCH RESULTS. The convergence of national legal systems and international law is influenced by different processes either inherent to the mechanism of international legal regulation or extraneous to it. They are distinguished by their considerable specificity and varied character. However, they do not impede legal convergence to be realized through various forms and methods.DISCUSSION AND CONCLUSIONS. The review of the scientific work led to the following conclusions: a) the author managed to present his own non-contradictory conception of convergence of national legal systems and demonstrate its connection with a number of current social phenomena; b) the monograph provides convincing arguments for the proposed forms and methods of legal convergence; c) the comparative legal characteristics of the regional international integration organizations are detailed and allows to form quite complete and correct comprehension of them. In addition, the review outlines a number of issues interesting for further discussion.

scholarly journals Spiritual Education in Russia: Law and Theology

2021 ◽  
Vol 9 (SPE3) ◽  
Author(s):  
Natalya Viktorovna Lutovinova ◽  
Alla Efratovna Zolotareva ◽  
Elena Olegovna Tchinaryan ◽  
Igor Olegovich Loshkarev
Keyword(s):  
Religious Education ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Spiritual Education ◽  
Systematic Analysis ◽  
New Information ◽  
Life Education ◽  
The Individual ◽  
The Right ◽  
Voluntary Choice

It is impossible to imagine modern life without education. It allows a person to learn something new, to know the reality around, to realize their abilities, to reveal their talents, to find a vocation in life. Education is not only the process of learning new information, but it is also the upbringing and development of the individual, their exposure to the world and national culture, the formation of a certain system of values. Currently, there are several problems in education, like in any other public sphere, that cause active discussion in society and require resolution at the legislative level. This article presents a legal study of spiritual education, taking into account its legal regulation and implementation in Russia at the present stage. The authors of the article consider the most important aspects of the implementation of the right to spiritual education in Russia and conduct a comparative legal analysis of the Russian legislation on spiritual education. The article considers the types of educational organizations that provide religious education and their educational programs, describes the foreign experience of religious education, and conducts a systematic analysis of educational standards of higher education. The authors identify current problems in the field of organization and implementation of religious education, give recommendations for their solution, and indicate areas for improving legislation on religious education. It is concluded that the introduction of subjects teaching religion in educational institutions is legal in compliance with the principle of voluntary choice of education.

scholarly journals FORMAL SEPARATION AS A CONDITION FOR THE DISSOLUTION OF MARRIAGE IN THE LEGISLATION OF EUROPEAN UNION MEMBER STATES (DENMARK, IRELAND AND ITALY)

2019 ◽  
pp. 20-24
Author(s):  
O. Verba-Sydor ◽  
U. Vorobel
Keyword(s):  
Competent Authority ◽  
Legal Regulation ◽  
Member States ◽  
Eu Member States ◽  
Marriage Contract ◽  
Marital Property ◽  
Complete Rejection ◽  
Characteristic Features ◽  
The Individual ◽  
Regulation Model

The institution of separation legislative provisions of those EU member states that have chosen a separation legal regulation model, according to which the direct dependence of divorce on separation is recognized. It means that the spouse who wishes to dissolve the marriage must be in a state of separation issued by competent authority decision for some time (formal separation). Such EU member states as Denmark, Ireland, Italy have chosen the defined model for legal regulation of separation. Based on this study, the characteristic features of this model for legal regulation of separation are highlighted, namely: the main purpose of the separation institute in the legislation of these states is to provide spouses with time to decide on the future for their marriage: either divorce or reconciliation; a separate residence regime may be established by a decision of the competent authority (court, prosecutor, public administration) by mutual agreement or at the request of one of the spouses, despite the objections of the other; the existence of a clear list of grounds in the legislation to establish separation on the application of one of the spouses; the existence of any consequences of the individual residence regime is linked to the determination of the fault of one or both spouses in the establishment of a separate residence regime on one or another basis; separation would result in the termination of the marital property regime, the termination of the marriage contract, except for the provisions re- lating to the separate residence regime, and the termination of the paternity presumption. Although this model for legal regulation of separation is still relevant, the trend toward the simplification of legal regulation of divorce proceed- ings, has led to the complete rejection of separation as one of the prerequisites for divorce (in the event of mutual consent of the spouses to the termination of marriage) or reduction of spouse's stay in separation.

GROUNDS FOR INITIATING INDIVIDUAL INSOLVENCY PROCEEDINGS UNDER THE LEGISLATION OF UKRAINE AND GERMANY

2018 ◽  
Author(s):  
Rodion Poliakov ◽  
Keyword(s):  
Positive Impact ◽  
German Law ◽  
Legal Regulation ◽  
Unsuccessful Attempt ◽  
Judicial Practice ◽  
The Status ◽  
Bankruptcy Code ◽  
The Individual ◽  
Insolvency Proceedings ◽  
Qualitative Characteristics

The article examines the grounds for initiating individual insolvency proceedings, which are regulated by Ukrainian and German law, as well as current positions of judicial practice in this area. Proposals are made to improve the provisions of the Bankruptcy Code of Ukraine and the Law of Ukraine «On Judicial Fees», which will have a positive impact on the legal regulation of insolvency of individuals and law enforcement practice in this area. It is established that in Ukraine the legislator uses not only the principle of insolvency or threat of insolvency to open an insolvency of a citizen, as is the case with a legal entity, but also payment inability. The author notes that using the principle of insolvency, the Ukrainian legislator in one case indicates the minimum amount of debt, and in another sets only the terms of suspension of payments and the minimum percentage of arrears, and in determining the threat of insolvency and payment inability does not provide any quantitative and qualitative characteristics. It is suggested that debtors must have the property in necessary amount to cover court costs when initiating insolvency proceedings. It is proposed to establish a court fee for filing an application for insolvency proceedings, differentiating its size depending on whether the individual debtor has the status of an individual-entrepreneur. It is noted that under German law, the procedure of insolvency of individuals may be opened at the request of both the debtor and the creditor. It is established that the opening of individual insolvency proceedings in Germany is possible only if there are additional grounds, such as: unsuccessful attempt of pre-trial settlement of debt within six months before the filing of the application for initiation of proceedings; availability of a certificate issued by a special entity and certifying a failed attempt of a pre-trial settlement; submission of an application for discharge from residual debt or an application for refusal of such discharge.

scholarly journals Revocation of will and judicial proceedings for declaring a will ineffective under the Law on Inheritance of Serbia with reference to other contemporary European legal systems

2021 ◽  
Vol 55 (1) ◽  
pp. 143-160
Author(s):  
Jelena Vidić-Trninić
Keyword(s):  
Legal Regulation ◽  
Court Decision ◽  
Legal Systems ◽  
Inheritance Law ◽  
Judicial Proceedings ◽  
The Will ◽  
The Law ◽  
The Right ◽  
Domestic Regulation ◽  
Made In

In Serbian law, a valid will can be revoked based on the will of the testator, more precisely through the revocation of the will or based on a court decision. This paper analyzes the solutions of the Law on Inheritance of Serbia, dedicated to the mentioned ways of revoking a last will, and at the same time examines the legal regulation of that issue in other legal systems in Europe. The author finds that in the realization of the right to revoke a will, the legislation of Serbia undoubtedly affirms the freedom of will, and that in that respect, it is in principle harmonized with the legal solutions observed on European legal soil. In the aspect of the purpose for which it is prescribed, a special advantage of domestic regulation is the possibility of declaring a will ineffective through a court decision. The author further considers that certain solutions that can be found in comparative law, such as the possibility to invalidate testamentary dispositions made in favour of former spouse, could be accepted in Serbian inheritance law as well. Finally, according to the author, some existing legal solutions dedicated to the revocation of wills, need to be specified and completed de lege ferenda, in order to achieve legal certainty.

scholarly journals PRECARIAT IN SCIENCE AND RESEARCH: LEGAL AND PHILOSOPHIC COMPREHENSION OF THE ISSUE IN THE GLOBAL CHALLENGES PERSPECTIVE

2020 ◽  
Vol 24 (4) ◽  
pp. 901-918
Author(s):  
Maria V. Zakharova ◽  
Vladimir I. Przhilenskiy
Keyword(s):  
Knowledge Economy ◽  
Labor Relations ◽  
Negative Impact ◽  
Social Institution ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Global Challenges ◽  
The Face ◽  
Basic Functions ◽  
Characteristic Features

The article investigates philosophico-theoretical issues of legal regulation of labor relations in the scientific and research sphere in connection with increasing precarization in Russia and the rest of the world. Particular emphasis is made on the analysis of characteristic features of science as a social institution and on assessing the potential negative impact of labor relations precarization on the capability of this institution to perform its basic functions in the face of global challenges. The purpose of the study is to look at the ways of preserving the functionality of research as an institution in the knowledge economy environment using the means and methods of legal regulation in Russia and other countries worldwide. The focus is made on combining the philosophical and legal methods of research with philosophical reflection preceded by a comparative legal analysis of legislative regulation and assessment of its social and legal efficiency. The study has resulted in identifying the peculiarities of governmental and legal regulation of science as a social institution in different countries in the face of grand challenges, as well as the measures taken in different countries to limit the negative impact of the knowledge economy together with the assessment of its socio-legal and politico-administrative effectiveness.

scholarly journals INTERNATIONAL LEGAL PROTECTION OF LABOR RIGHTS OF DOMESTIC WORKERS

2021 ◽  
pp. 5-8
Author(s):  
V. Andriiv ◽  
Keyword(s):  
Legal Protection ◽  
Domestic Workers ◽  
Work Conditions ◽  
Legal Regulation ◽  
Labor Rights ◽  
Legal Analysis ◽  
Decent Work ◽  
Legal Norms ◽  
Characteristic Features ◽  
Hired Labor

The article addresses the analysis of international legal acts that regulate the labor relations of domestic workers, as well as related problems. The peculiarities of such regulation and its characteristic features are determined. Due to the fact that the problem of regulating the activities of employees who perform work on household services under the employment contract today is global in nature, it is relevant to many countries around the world concerning the basic standards and guarantees for those employed under the contract and engaged in housework. The means established by law to provide decent work conditions for domestic workers, as well as protection against discrimination, various forms of violence and interference in the privacy of domestic workers are determined. The methodological basis of the study were general and special methods of cognition. The dialectical method examines the problems of legal regulation of international norms of employment of domestic workers and their relation to a number of trends that have different effects on international labor law. Formal-logical and systematic methods were used in the study of the content of international legal acts governing the employment of domestic workers. The main result of the study is the regulation through international legal acts of relations concerned with the use of hired labor of domestic workers, improving its conditions, protection against discrimination and creating conditions for the free exercise of their ability to work within national laws as well as for comparative legal analysis and ways of existing systems improvement. Emphasis is also placed on increasing the role and need for recognition of legal mechanisms for the protection of labor rights of domestic workers, improvement of international legal norms aiming at their protection.

scholarly journals INTERACTIONS OF LEGAL SYSTEMS: MODERN INTERNATIONAL LEGAL DISCOURSES

2018 ◽  
pp. 109-121 ◽  
Author(s):  
VLADISLAV TOLSTYKH ◽  
YURY BEZBORODOV ◽  
LEV LAZUTIN ◽  
YAROSLAV KOZHEUROV
Keyword(s):  
International Law ◽  
International Security ◽  
Legal Regulation ◽  
Security System ◽  
Legal Systems ◽  
Legal Analysis ◽  
Internet Technologies ◽  
Legal Discourses ◽  
International Responsibility ◽  
Legal Integration

Introduction: the article deals with the doctrine of modern international law, international legal integration, international security and international responsibility. The aim – to study the development of international law and the interaction of legal systems. Methods: comparative legal, formal-legal. Analysis: there are new forms of expressing scientific positions along with traditional forms. It is connected with Internet technologies. The language of discussion of scientific issues is English now. More attention is paid to scientific and practical problems, less to theoretical ones. There are changes in the methodologies of international law, it becomes a «technology», a process of mechanistic challenge, selection, connection and presentation of a limited set of arguments. International law is a universal means to bring together national legal systems. Results: It is concluded that the doctrine of international law is not holistic now. The legal convergence is the process of convergence of various legal systems and models of legal regulation by international legal means. More over, there is no effective security system both at the universal or regional levels. International responsibility is developing. Its content is being updated at the expense of WTO law.

scholarly journals INTELLECTUAL PROPERTY RIGHTS ON TRADE DRESS: FEATURES AND GENERAL CHARACTERISTICS

2019 ◽  
pp. 49-53
Author(s):  
M.S. Utkina ◽  
I.V. Savytska
Keyword(s):  
Intellectual Property ◽  
Case Law ◽  
Legal Regulation ◽  
Corporate Identity ◽  
Intellectual Property Right ◽  
The Us ◽  
Trade Dress ◽  
Complete Procedure ◽  
Business Entities ◽  
The Individual

The article is devoted to a topical issue that is being discussed by foreign and domestic scientists and business entities – trade dress. This issue has been sharply raised by the owners, in particular the developers of the individual design of their product and its packaging or services. Recently, exactly trade dress is very difficult to protect, especially when competitors or other individuals, who want to profit from someone else’s intellectual property, use it for their own purposes. This affects the reputation of the manufacturer, leading to a decrease in the number of goods sold, which has been “unique” for consumers and now is just simply one of many others that has the same design, color combination, or product form. The article defines the concept of trade dress, describes its main features and functions that it performs, being an important element of the brand. In addition, there was analyzed the case law in Ukraine concerning the protection of the plaintiff’s intellectual property right to corporate identity. The legislative status of such a concept in the US and its regulation have also been investigated. Having analyzed the main characteristics of the trade dress, its specific features were identified, defining it as an independent key element of the brand that cannot be equaled. The main feature can be called the uniqueness and originality of style, which aims to individualize the goods or services of a particular entity. Another feature is the new commercial style that distinguishes a product or service from others, making it more visible to the consumer. The core features of corporate identity can essentially be deduced from the very content of the concept, which focuses on identifying, advertising, and demonstrating the ability to trust the manufacturer by consumers who have already purchased a product or service. The Law of Ukraine “On Protection against Unfair Competition” was also investigated, which in fact lays the foundations for protecting the trade dress of a product or service in Ukraine. Therefore, it can be considered that in this area Ukraine has great potential that will lead to full legal regulation of the notion of “trade dress” and possibly define a complete procedure for its protection. Keywords: trade dress; uniqueness; goods; trademark; regulation; design; entity.

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