Islamic Insurance: National Features and Legal Regulation

2007 ◽  
Vol 21 (3) ◽  
pp. 251-268
Author(s):  
Renat Bekkin
Keyword(s):  
Financial Market ◽  
Legal Framework ◽  
Legal Regulation ◽  
The Third ◽  
Islamic Insurance ◽  
Muslim Scholars

The present paper studies Islamic insurance ( takaful ) as opposed to conventional one. The first part of the paper covers, among other things, such issues as the nature and historic roots of Islamic insurance and early forms of Islamic insurance and it narrates the disputes among Muslim scholars concerning the compatibility of insurance with Islamic Shariah. The second part deals with the history and emergence of Islamic insurance in the modern financial market, as well as the practice of Islamic insurance in different countries. The third part discusses the feasibility of Islamic insurance in Russia in the current legal framework. The paper contains a comprehensive glossary of related terms.

Islamic Insurance: National Features and Legal Regulation

2007 ◽  
Vol 21 (1) ◽  
pp. 3-34 ◽  
Author(s):  
Renat Bekkin
Keyword(s):  
Financial Market ◽  
Legal Framework ◽  
Legal Regulation ◽  
The Third ◽  
Islamic Insurance ◽  
Muslim Scholars

AbstractThe present paper studies Islamic insurance (takaful) as opposed to conventional one. The first part of the paper covers, among other things, such issues as nature and historic roots of Islamic insurance, early forms of Islamic insurance and narrates the disputes among Muslim scholars concerning the compatibility of insurance with Islamic Shariah. The second part deals with history and emergence of Islamic insurance in the modern financial market, as well as the practice of Islamic insurance in different countries. The third part discusses the feasibility of Islamic insurance in Russia in the current legal framework. The paper contains comprehensive glossary of related terms.

Islamic Insurance: National Features and Legal Regulation

2007 ◽  
Vol 21 (2) ◽  
pp. 109-134 ◽  
Author(s):  
Renat Bekkin
Keyword(s):  
Financial Market ◽  
Legal Framework ◽  
Legal Regulation ◽  
The Third ◽  
Islamic Insurance ◽  
Muslim Scholars

AbstractThe present paper studies Islamic insurance (takaful) as opposed to conventional one. The first part of the paper covers, among other things, such issues as nature and historic roots of Islamic insurance, early forms of Islamic insurance and narrates the disputes among Muslim scholars concerning the compatibility of insurance with Islamic Shariah. The second part deals with history and emergence of Islamic insurance in the modern financial market, as well as the practice of Islamic insurance in different countries. The third part discusses the feasibility of Islamic insurance in Russia in the current legal framework. The paper contains comprehensive glossary of related terms.

scholarly journals The genesis of the legal regulation of the sale of land plots and rights to them on a competitive basis

2020 ◽  
pp. 264-269
Author(s):  
Diana Kolomiitseva
Keyword(s):  
Experimental Period ◽  
Legal Framework ◽  
Legal Regulation ◽  
Second Stage ◽  
The Third ◽  
Time Period ◽  
Legal Risks ◽  
Third Stage ◽  
The One ◽  
Land Code

The author identifies six main stages and outlines the peculiarities of legal regulation of the sale of land plots and rights to them on a competitive basis at each stage. The first stage was from 18 December 1990 to 28 June 1996; the second stage took place from 28 June 1996 to 1 January 2008, covering the period of adoption of the effective Land Code of Ukraine dated 25 October 2001; the third stage lasted from 28 December 2007 to 5 July 2012; the fourth stage was the stage of the development of competitive acquisition of rights to land plots covering the time period from 5 July 2012 to 21 June 2017; the fifth stage covered the experimental period from 21 June 2017 to 1 October 2019; the sixth stage has been going on since 1 October 2019. This periodization enables, firstly, to create a systematic view of the development of legal regulation of the competitive principles of acquiring rights to land plots under the land legislation of Ukraine; and secondly, to assess the legal risks of acquiring rights to land plots having been acquired in a period of time corresponding to the stage of legal regulation. The conducted analysis of the genesis of legal regulation of the sale of land plots and rights to them on a competitive basis indicates that in the circumstances of lack of legal framework for land auctions, the process of disposal of land plots and rights to them on a competitive basis have not been stopped. Each of the identified stages of legal regulation, except for the fourth one and the last one, has some contradictions in the source base bearing some legal risks for the contracts of sale of land plots on a competitive basis concluded at these stages. Like the Presidential Decrees at the first stage and the Regulation of the Cabinet of Ministers of Ukraine at the fifth stage, the decisions of local councils at the second and third stages were a means of and an attempt to accelerate the necessary changes in the land legislation. On the one hand, these regulatory acts are contrary to the provisions of the Land Code of Ukraine, and on the other hand, they are administrative acts that have been in force for a certain period of time and have not been repealed or deemed to be unconstitutional. Therefore, in making the legal evaluation of the agreements concluded on a competitive basis, they should be assessed taking into account the abovementioned factors.

scholarly journals THE DEVELOPMENT OF THE REGULATION OF REPO TRANSACTIONS AND THEIR SIGNIFICANCE IN THE DEVELOPMENT OF MARKET ECONOMY IN UZBEKISTAN

2017 ◽  
pp. 0-0
Author(s):  
Мардонбек Бобожонов ◽  
Mardonbek Bobozhonov
Keyword(s):  
Present Article ◽  
Market Economy ◽  
Financial Market ◽  
Legal Framework ◽  
Legal Regulation ◽  
Securities Market ◽  
Stock Exchanges ◽  
Positive Trend

The present article examines the formation of the financial market of Uzbekistan. The development of a market economy helped to raise the profile and priority of civil relations. As one of the means of civil relations the repo transaction is a new and rapidly developing form of transactions in Uzbekistan. Author considers the development of the legal bases of the securities market and its individual institutions, in particular the Institute of repo transactions. Based on the analysis, the author highlights the specificity of repo transactions’ legal regulation in a market economy. The author concludes that the repo market has a positive trend, and gradually expands in the country’s financial market. Year after year, the importance of this transaction increases, and it is possible to determine that by the percentage of the amounts of total repo transactions on stock exchanges. The legal framework, governing the transactions in this category at the legislative level is sufficiently established.

Legal framework for improvement of agroecology by cultivating jerusalem artichoke

2020 ◽  
pp. 59-66
Author(s):  
Mykhailo Kosmii ◽  
Vasyl. Kasiianchuk ◽  
Ruslan Zhyrak ◽  
Ivan Krykhovetskyi
Keyword(s):  
Environmental Protection ◽  
Organic Farming ◽  
Alternative Energy ◽  
Building Materials ◽  
Environmental Law ◽  
Jerusalem Artichoke ◽  
Legal Framework ◽  
Legal Regulation ◽  
Practical Application ◽  
Scientific Cognition

The purpose of this paper is to analyze and research the legal mechanisms which make it possible to improve agroecology through the organization of cultivation of Jerusalem artichoke.Methodology. The methodology includes comprehensive analysis and generalization of available scientific, theoretical, practical and applied material and development of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, historical and legal, logical and normative, systemic and structural, functional, normative and dogmatic, generalization methods. Results. The process of analysis and research highlighted the possibilities of cultivating Jerusalem artichoke for improving agroecology, namely improving the ecological state of the atmosphere air and soil, preparing them for organic farming. The article contains examples of practical application of tubers of Jerusalem artichoke and herbage for the production of therapeutic and prophylactic products, alternative energy and highly efficient building materials. Scientific novelty. The study found that the authors summarized and systematized the levels of legal regulation in the field of using Jerusalem artichoke for improving agroecology, preparing soil for organic farming, in particular: the inter-sectoral level which covers the interaction of agricultural and environmental law in terms of cultivation and use of Jerusalem artichoke; the level of integrated environmental and legal regulation; level of individual resource (floristic) legal regulation; the level of environmental protection (anthropoprotection) legislation.Practical importance. The results of the study can be used in law-making and environmental protection activities related to issues of cultivating and using the Jerusalem artichoke as a means of improving agroecology.

Social and political dimension of stigmatization: The development of Natasha and Maria images for immigrants in Istanbul

2016 ◽  
Vol 13 (1) ◽  
pp. 159-168
Author(s):  
Bayram Unal
Keyword(s):  
Public Perception ◽  
Daily Life ◽  
Legal Framework ◽  
State Law ◽  
Migrant Women ◽  
Political Dimension ◽  
Security Forces ◽  
Official Discourse ◽  
The Third ◽  
The Impact

This study aims at understanding how the perceptions about migrants have been created and transferred into daily life as a stigmatization by means of public perception, media and state law implementations.  The focus would be briefly what kind of consequences these perceptions and stigmatization might lead. First section will examine the background of migration to Turkey briefly and make a summary of migration towards Turkey by 90s. Second section will briefly evaluate the preferential legal framework, which constitutes the base for official discourse differentiating the migrants and implementations of security forces that can be described as discriminatory. The third section deals with the impact of perceptions influential in both formation and reproduction of inclusive and exclusive practices towards migrant women. Additionally, impact of public perception in classifying the migrants and migratory processes would be dealt in this section.

PROSPECTS FOR THE DEVELOPMENT OF THE LEGAL MECHANISM FOR THE FUNCTIONING OF PAYMENT SYSTEMS

2020 ◽  
Vol 13 (3) ◽  
pp. 079-084
Author(s):  
ELIZAVETA SALINA ◽  
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Payment System ◽  
State University ◽  
Payment Systems ◽  
Proper Functioning ◽  
Money Transfer ◽  
Level Of Significance ◽  
Transfer Services ◽  
Legal Mechanism

1 Lomonosov Moscow State University, Moscow, Russia The presented research reveals an approach to the construction of a legal mechanism for the functioning of payment systems. The proposed approach is based on the application of the principles of legal regulation. The purpose of a work is to determine the existing legal mechanism for the functioning of payment systems, identify its drawbacks and propose a new approach to legal regulation to ensure the proper functioning of payment systems. The proposed approach to legal regulation takes into account the specifics of the functioning of payment systems, which consists in the presence of three elements in its activities: institutional, procedural and organizational. These elements reflect the subject structure of the payment system, the process of providing money transfer services by them, and the ways in which payment system entities interact during providing payment services. Each of the elements must be defined within the legal framework of the payment system to ensure its proper functioning. The proposed principles of legal regulation take into account the features of these elements, in particular, the principles are classified into three groups, depending on the element they affect. The paper describes ways to implement the principles in the legal mechanism: the possibility of their direct application, depending on the type of significance of the payment system, is analyzed. It is also concluded that the implementation of the principles in the legal mechanism will reduce the regulatory burden on payment systems by using an approach depending on the level of significance of the payment system. The paper defines the role of the principles, which is that the principles allow to eliminate the legal gaps in the legislation on the national payment system, and prevent the emergence of new gaps.

IMPLEMENTATION OF ELECTRONIC MONITORING OF SENTENCED PERSONS IN THE SLOVAK REPUBLIC

2020 ◽  
Vol 10 (5) ◽  
pp. 59-75
Author(s):  
JAROSLAV KLÁTIK ◽  
◽  
LIBOR KLIMEK
Keyword(s):  
Restorative Justice ◽  
Electronic Monitoring ◽  
Slovak Republic ◽  
Pilot Project ◽  
Legal Regulation ◽  
European Level ◽  
Criminal Proceedings ◽  
Council Of Europe ◽  
Fourth Section ◽  
The Third

The work deals with implementation of electronic monitoring of sentenced persons in the Slovak Republic. It is divided into eight sections. The first section introduces restorative justice as a prerequisite of electronic monitoring in criminal proceedings. While the second section points out at the absence of legal regulation of electronic monitoring of sentenced persons at European level, the third section points out at recommendations of the Council of Europe addressed to European States. The fourth section analyses relevant alternative punishments in Slovak criminal justice. The fifth section introduces early beginnings of implementation of concerned system - the pilot project “Electronic Personnel Monitoring System” of the Ministry of Justice of the Slovak Republic. While the sixth section is focused on Slovak national law regulating electronic monitoring of sentenced persons - the Act No. 78/2015 Coll. on Control of the Enforcement of Certain Decisions by Technical Instruments, the seventh section is focused on further amendments of Slovak national law - namely the Act No. 321/2018 Coll. and the Act No. 214/2019 Coll. The last eight section introduces costs of system implementation and its operation.

scholarly journals An Analysis of Existing Production Frameworks for Statistical and Geographic Information: Synergies, Gaps and Integration

2021 ◽  
Vol 10 (6) ◽  
pp. 374
Author(s):  
Francisco Javier Ariza-López ◽  
Antonio Rodríguez-Pascual ◽  
Francisco J. Lopez-Pellicer ◽  
Luis M. Vilches-Blázquez ◽  
Agustín Villar-Iglesias ◽  
...  
Keyword(s):  
Spatial Data ◽  
Process Model ◽  
Statistical Data ◽  
Legal Framework ◽  
Public Agencies ◽  
Quality Model ◽  
Statistical Process ◽  
The Third ◽  
Spatial Data Quality ◽  
Statistical Area

The production of official statistical and geospatial data is often in the hands of highly specialized public agencies that have traditionally followed their own paths and established their own production frameworks. In this article, we present the main frameworks of these two areas and focus on the possibility and need to achieve a better integration between them through the interoperability of systems, processes, and data. The statistical area is well led and has well-defined frameworks. The geospatial area does not have clear leadership and the large number of standards establish a framework that is not always obvious. On the other hand, the lack of a general and common legal framework is also highlighted. Additionally, three examples are offered: the first is the application of the spatial data quality model to the case of statistical data, the second of the application of the statistical process model to the geospatial case, and the third is the use of linked geospatial and statistical data. These examples demonstrate the possibility of transferring experiences/advances from one area to another. In this way, we emphasize the conceptual proximity of these two areas, highlighting synergies, gaps, and potential integration.

Conventional Legal Regulation of Value-Added Taxation by the Member States of the Gulf Cooperation Counci

2021 ◽  
pp. 232-238
Author(s):  
Dmitry G. Bachurin ◽  
Keyword(s):  
Persian Gulf ◽  
Value Added ◽  
Legal Framework ◽  
Legal Regulation ◽  
Gulf Cooperation Council ◽  
Legal Aspects ◽  
Gulf Countries ◽  
The Common ◽  
National Tax ◽  
The Persian Gulf

The article discusses the legal aspects of supranational legal regulation of value added taxation in the Persian Gulf countries. The novelty of the research lies in the comparative aspect of the legal study of supranational law on the value-added tax in the Gulf countries, which allows formulating fundamentally new characteristics and interpretations that extend the theoretical and legal views on the legal mechanism of VAT, and analyzing the key provisions of the legal regulation of VAT of the states that are parties to the Common VAT Agreement. The issues of the Agreement for the countries of the Gulf Cooperation Council, as well as acts of national legislation on this tax, were studied. The analysis of the provisions of the Agreement allows concluding that the tax instrument this Agreement regulates can be classified as a type of neutral legal regulation of value-added taxation. Its peculiarity is that the country for one reason or another introduces VAT into the national tax system with minimal tax rates and continues to keep it at a low level that does not have a restraining effect on the development of its own industry. This is the reference point for the Common VAT Agreement for the countries of the Gulf Cooperation Council. The research shows that the supranational legislation of the Persian Gulf countries covers the most complex and fundamentally significant issues of legal regulation of value-added taxation, which developed taking into account the accumulated world experience in the administration of this tax. Conclusions have been obtained that the main direction of the adopted supranational legislation is the creation of a unified legal framework for the development of a coordinated legal regulation of VAT in each of the six Arab states of the Persian Gulf. The definitions of concepts that are crucial for VAT regulation are given, among which the following can be distinguished: reverse VAT accrual, input tax, deductible tax, net tax, mandatory registration threshold, voluntary registration threshold, and tax group. In the final part of the work, it is concluded that the second regional system of legal regulation of value-added taxation after the European one is being created, which begins its development on the basis of supranational legislation. Within its framework, the states that are parties to the Agreement shall organize administrative cooperation in the following areas: (1) exchange of information necessary for determining tax accuracy; (2) coordination of synchronized audit procedures and participation in audits; (3) assistance in tax collection and adoption of necessary procedures related to VAT collection.

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