Difference between Monetary Responsibilities and Monetary Obligations: Financial and Legal Aspect of Research

2015 ◽  
Vol 3 (6) ◽  
pp. 0-0
Author(s):  
Наталья Омелёхина ◽  
Natalya Omelekhina
Keyword(s):  
Legal Aspect ◽  
Comparative Assessment ◽  
Legal Norms ◽  
The Public ◽  
Public Purpose ◽  
Mandatory Participation ◽  
The Will ◽  
The Moment ◽  
Definition Of ◽  
The Relationship

Analyzing one of the key forms of financial and legal liability — monetary responsibilities, the author explores the relationship between such legal categories as responsibility and obligation. For these purposes, the author makes a comparative assessment of the essential characteristics of monetary responsibilities established by the financial and legal norms and monetary obligations. On closer inspection, it becomes obvious that, primarily, civil law duties, being the most doctrinally and legislatively developed legal institution, should become the object of comparison. The article reveals differences between monetary responsibilities and monetary obligations on the grounds of their origin, subject matter, the nature of arising relationship and the date of termination. Among the key features that distinguish monetary responsibilities from monetary obligations there are extra contractual nature of their occurrence, mandatory participation of a public legal institute (in behalf of whom the execution is exercised and who is vested with the power in relation to the party liable), the impossibility of replacing the members, the public purpose of occurrence, the imperative nature of the definition of the duty and the date of its termination as of the moment of proper execution of the will by the party liable aimed at the termination of the duty.

Jainism in Danger? Temple entry and the rhetoric of religion and reform in post-colonial India

2020 ◽  
pp. 1-37
Author(s):  
MANISHA SETHI
Keyword(s):  
Twentieth Century ◽  
The State ◽  
The Other ◽  
Post Colonial ◽  
Colonial India ◽  
The Public ◽  
Public Debates ◽  
Definition Of ◽  
Open The Doors ◽  
The Relationship

Abstract A bitter debate broke out in the Digambar Jain community in the middle of the twentieth century following the passage of the Bombay Harijan Temple Entry Act in 1947, which continued until well after the promulgation of the Untouchability (Offences) Act 1955. These laws included Jains in the definition of ‘Hindu’, and thus threw open the doors of Jain temples to formerly Untouchable castes. In the eyes of its Jain opponents, this was a frontal and terrible assault on the integrity and sanctity of the Jain dharma. Those who called themselves reformists, on the other hand, insisted on the closeness between Jainism and Hinduism. Temple entry laws and the public debates over caste became occasions for the Jains not only to examine their distance—or closeness—to Hinduism, but also the relationship between their community and the state, which came to be imagined as predominantly Hindu. This article, by focusing on the Jains and this forgotten episode, hopes to illuminate the civilizational categories underlying state practices and the fraught relationship between nationalism and minorities.

Subject of Economic Science

2015 ◽  
pp. 115-120
Author(s):  
D. Egorov
Keyword(s):  
Human Behavior ◽  
Classical Theory ◽  
Adam Smith ◽  
A Priori ◽  
Economic Science ◽  
The Public ◽  
Public Consciousness ◽  
Wealth Of Nations ◽  
Definition Of ◽  
The Relationship

Adam Smith defined economics as “the science of the nature and causes of the wealth of nations” (implicitly appealing – in reference to the “wealth” – to the “value”). Neo-classical theory views it as a science “which studies human behavior in terms of the relationship between the objectives and the limited funds that may have a different use of”. The main reason that turns the neo-classical theory (that serves as the now prevailing economic mainstream) into a tool for manipulation of the public consciousness is the lack of measure (elimination of the “value”). Even though the neo-classical definition of the subject of economics does not contain an explicit rejection of objective measures the reference to “human behavior” inevitably implies methodological subjectivism. This makes it necessary to adopt a principle of equilibrium: if you can not objectively (using a solid measurement) compare different states of the system, we can only postulate the existence of an equilibrium point to which the system tends. Neo-classical postulate of equilibrium can not explain the situation non-equilibrium. As a result, the neo-classical theory fails in matching microeconomics to macroeconomics. Moreover, a denial of the category “value” serves as a theoretical basis and an ideological prerequisite of now flourishing manipulative financial technologies. The author believes in the following two principal definitions: (1) economics is a science that studies the economic system, i.e. a system that creates and recombines value; (2) value is a measure of cost of the object. In our opinion, the value is the information cost measure. It should be added that a disclosure of the nature of this category is not an obligatory prerequisite of its introduction: methodologically, it is quite correct to postulate it a priori. The author concludes that the proposed definitions open the way not only to solve the problem of the measurement in economics, but also to address the issue of harmonizing macro- and microeconomics.

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

scholarly journals Traces of French Culture in Palanga: The Historical Context of Palanga Botanical Park, Personalities, and Memory

Lituanistica ◽  
2021 ◽  
Vol 67 (2) ◽  
Author(s):  
Julija Paškevičiūtė
Keyword(s):  
Local Community ◽  
Historical Context ◽  
The Public ◽  
Seaside Resort ◽  
French Culture ◽  
History Of ◽  
The Will ◽  
The Relationship ◽  
The City ◽  
The Town

The article focuses on the origins of French culture in Palanga, a Lithuanian seaside resort, that go back to the years of the rule of the Tyszkiewicz family. The emphasis is put on Palanga Botanical Park (created before the end of the nineteenth century) as the most significant trace of French culture present in the resort and the seaside region until now. The specific symbols in the park created according to the will of the Counts Tyszkiewicz reflect the actualities of French culture. The importance of this space in the city is revealed, and Édouard François André’s principles of park creation are discussed in a new context. They are related to the dialogue that has been established between the residents of Palanga, the park, its creator, and his granddaughter Florence André since the first years of the independence of Lithuania. In order to give a meaning to Édouard André’s creation and to the relationship between the two countries, the correspondence between the great-granddaughter of the famous French landscape designer and the former director of the park, Antanas Sebeckas, is disclosed. It reflects the endeavour of these two personalities and its value for the international relations in representing French culture to the public. Florence André’s letters to the author of this article are also an important resource as she explains the reasons why the park plays an essential role in Palanga. It is shown how certain personal life events (Florence André’s wedding ceremony in Palanga, the park created by her great-grandfather) have become an inclusive part of the history of the town and represent intercultural relations and exchanges. The article is also based on some memories and narratives of the members of the local community in which the park features as a symbol and tradition of the city.

scholarly journals Some Arguments about the Benefits of Applying the System of Civil Procedure Law in Civil Proceedings

2020 ◽  
pp. 060-066
Author(s):  
A. D. Zolotukhin ◽  
◽  
L. A. Volchihina ◽  
Keyword(s):  
Positive Result ◽  
Civil Procedure ◽  
Legal Norms ◽  
Legal Proceedings ◽  
Procedural Law ◽  
Civil Proceedings ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship

On the basis of research, the structure of civil procedural law is defined as a system rather than an elementary set of legal norms and institutions. Determining the significance of the system of civil procedural law, it was concluded that having individuality, such a structure is one of the features that distinguish civil procedural law from other branches of law. The authors also come to the conclusion that the established properties of the system of civil procedural law, such as unity, interconnection (interaction) and independence of application, determine the possibility of applying individual elements of the structure of the system of civil procedural law, when considering substantive situations as an independent both individually and collectively. This ensures the possibility of obtaining the required positive result and characterizes it as universal. Critically examining various concepts, the authors offer their own definition of the concept of the system of civil procedural law. The conclusion is also made about the relationship of the system of civil procedural law with the principles of civil procedural law and the procedural form of civil legal proceedings.

scholarly journals The grounds for initiation of service-related objects of patent law in the system of the MIA of Russia

2021 ◽  
Vol 2021 (3) ◽  
pp. 44-51
Author(s):  
Aleksandr Molchanov ◽  
Elizaveta Zaytseva
Keyword(s):  
Industrial Design ◽  
Patent Law ◽  
Controversial Issues ◽  
Utility Model ◽  
Legal Regime ◽  
Legal Norms ◽  
Correct Definition ◽  
Internal Affairs ◽  
The Moment ◽  
Definition Of

The article is devoted to the study of the grounds for initiation of service-related objects of patent law in the system of the Ministry of the Internal Affairs of Russia. The authors define the conditions necessary for the recognition of the service-related character of an invention, utility model, or industrial design. This is especially important for the correct definition of the legal regime of the created results and the application of legal consequences to the relations arising between the subjects. The purpose of the work is to analyse the grounds for initiation of service-related objects in the system of the Ministry of the Internal Affairs of Russia. As a result of the study, the legal relationships between the subjects of patent law in the system of the Ministry of the Internal Affairs of Russia, the grounds for their occurrence and the specifics are analysed, the question of the relationships between the moment of creation of the service-related product and the period of validity of the working contract between the author and the employer are determined, the procedure of distributing intellectual rights to service-related products, including those created as a result of the joint creative activity of several persons are clarified, other conditions and criteria for vesting an invention, utility model, industrial design with a service-related character are determined. As a separate basis, a civil law contract is highlighted, which has essential importance in the implementation of service-related objects of patent law in the system of the Ministry of the Internal Affairs of Russia. The analysis of legal norms revealed the lack of the legally fixed list of the grounds for the initiation of service-related objects of patent law, and therefore a number of controversial issues arising in practice require additional clarification.

THE PROBLEM OF THE RELATIONSHIP BETWEEN LOCAL LAW AND CORPORATE LAW

2021 ◽  
pp. 26-47
Author(s):  
Vladimir V. Kozhevnikov ◽  
Keyword(s):  
Legal Aspect ◽  
Legal Regulation ◽  
Corporate Law ◽  
Theoretical Problem ◽  
Labour Law ◽  
Legal Norms ◽  
Local Law ◽  
Local Norms ◽  
State Organizations ◽  
The Relationship

This research article, as the title suggests, is devoted to the general theoretical problem of the relationship between local legal norms and corporate norms. In the conditional first part of the study, local law norms are analysed, including from a historical perspective. Noting that the problem of local regulation has been the focus of attention of Soviet scientists (N.G. Ale-xandrov, R.I. Kondratyev, S.S. Karinsky, F.M. Leviant, L.I. Antonova), it is emphasized that local acts were originally understood as the result of rulemaking organizations, enterprises, institutions in the field of labour relations. An analysis of modern legal educational literature shows that scientists, when classifying the norms of law, either do not mention the existence of local norms of law at all, or show insufficient attention to their analysis, limiting them-selves to a few phrases. In doing so, authors often unreasonably fail to distinguish between local and departmental legal regulation or local and local legal regulation. Analyzing the types and essential features of local legal acts: their volitional content, intra-organizational character, bylaw nature, dynamism and stability, multiple application, duration of existence, compulsory for the addressees of norms, maintaining by the coercive power of the state, the author rightly states that all local acts arise by direct instruction of law, indicating that on a given issue This assertion is supported by examples of labour law and education law. By focusing on local labour law norms, the necessity of their adoption is justi-fied, and mandatory local law norms are analysed. It is thought that one of the current problems concerning local rules of law is their rela-tionship to corporate rules. It is the fact that many authors unreasonably refer to the norms of individual state organisations, i.e. local norms of law, as corporate norms. The author takes the position that corporate norms are rules of conduct established and provided by non-state organizations (political parties, public organizations, non-state institutions and enterprises, etc.) and apply to their members; they are contained in the statutes, regulations and other regulations of non-state organizations and determine the formation of these organizations, their structure, competence, rights, duties and responsibilities of their members. Moreover, the paper defends the view that corporate norms include, first, non-social cor-porate norms: technical norms; sanitary and hygienic norms; physiological norms; biological norms; second, social corporate norms: corporate customs, traditions, aesthetic, business customs, legal norms. In conclusion, it is argued that, although both local legal norms and corporate norms are intra-organisational in nature, they should be distinguished. Moreover, corporate norms, which have both technical and social aspects, should also be seen as having a legal aspect, implying the presence of corporate law norms.

Administrative Contracts in Serbian Law – Specificities of the New Statutory Regime

2020 ◽  
Vol 45 (1) ◽  
pp. 1-35 ◽  
Author(s):  
Marija Karanikić Mirić ◽  
Tatjana Jevremović Petrović
Keyword(s):  
Public Interest ◽  
Case Law ◽  
Practical Experience ◽  
The Public ◽  
Administrative Procedure ◽  
Public Purpose ◽  
General Rules ◽  
Rules And Principles ◽  
Private Entity ◽  
Definition Of

The subject of this paper is the special legal regime for administrative contracts under the recently enacted Serbian Law on General Administrative Procedure of 2016. We offer a comprehensive analysis of the new statutory rules, and examine their relationship to the general rules and principles of Serbian contract law. In addition, we identify the main shortcomings of the new regime, especially in the context of the lack of any statutory, scholarly and judicial typology of administrative contracts in Serbia. Furthermore, we highlight the lack of references to the notions of public interest, public purpose or public needs in the statutory definition of administrative contracts. This is cause for concern, since only the need to protect the public interest could justify the new statutory provisions, which significantly improve the contractual position of a public body as a contracting party in relation to the position of a private entity as the other party in administrative contracts. There is as yet no case law pertaining to administrative contracts in Serbia. This is why we turn to practical experience in the Croatian legal system, which is sufficiently similar and historically connected to Serbia via a shared Yugoslav heritage. We also consider German and French legal models, since they traditionally serve as comparative points of reference for Serbian legal scholars, judges and law makers.

Big Data and Enterprise Applications

2020 ◽  
pp. 185-218
Author(s):  
Ahmet Doğan ◽  
Emin Sertaç Arı
Keyword(s):  
Big Data ◽  
Business Processes ◽  
Real Life ◽  
Competitive Environment ◽  
The Public ◽  
Enterprise Applications ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship ◽  
A Company

Today, a company continues its activities in a highly competitive environment regardless of the sector in which it operates. An important point has been emphasized in many developments by experienced managers and academics which have been released to the public. From marketing to finance, human resource management, auditing and planning, all business processes have entered an incredible innovative process. One of the topics in this process is big data. When cumulative data are not used, they cannot transcend being huge piles of garbage. However, it is not possible to analyze such large, complex, and dynamic data via conventional methods. At this point, the concept of big data has emerged. In this study, after the explanation and definition of the concept, a vast literature review was conducted in order to present the relationship of big data with IoT, big data-related topics, and academic researches on big data. Afterwards, real-life enterprise applications were exemplified from various industries.

8. Referendums

UK Politics ◽  
2021 ◽  
pp. 171-191
Author(s):  
Andrew Blick
Keyword(s):  
Direct Democracy ◽  
Local Level ◽  
The European Union ◽  
The Public ◽  
Key Features ◽  
Definition Of ◽  
The Uk ◽  
The Relationship ◽  
Theoretical Considerations ◽  
Political Decisions

This chapter starts with a definition of the term ‘referendum’. A referendum is a means of involving the public in political decisions via voting on specific issues such as leaving the European Union. The chapter focuses on the use of referendums at the local level. It sets out the key features of a referendum. Who is allowed to vote in referendums? What sort of questions are put to voters? Under want circumstances should a referendum take place on specific issues? What are the risks associated with holding a referendum? The chapter also looks at regulations surrounding referendums in the UK. The theoretical considerations that the chapter examines are the fact that a referendum subject tends to be controversial, the relationship between referendums and direct democracy and the implications of the results.

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