scholarly journals Secondment Contracts: Several Problems

2016 ◽  
Vol 4 (10) ◽  
pp. 0-0
Author(s):  
Татьяна Коршунова ◽  
Tatyana Korshunova
Keyword(s):  
Present Article ◽  
Legal Status ◽  
Practical Interest ◽  
Service Contract ◽  
Legal Nature ◽  
Private Employment ◽  
Definition Of ◽  
Employment Agencies ◽  
Legal Entities

The secondment contract is a new one in Russian legislation, and the question of its legal nature is both of theoretical and practical interest. The article analyzes the contents of such contract, legal status of its sides. As a result of the conducted researches the author has reached the conclusion that the secondment contract cannot be recognized as a paid service contract, but it is a package contract mentioned in the legislation, the regulation of which is carried out using the norms of civil and labour laws. In addition, the problem of determining the parties of the secondment contract was considered in present article. The author noted that such contracts can be made not only by the private employment agencies but by other legal entities, including foreign legal entities and their affiliates (excluding individuals). The author proposed an unusual approach to the definition of "foreign entity" and "affiliate" which claims an attention. Also in the article were analyzed the legislative provisions restricting the possibility of concluding secondment contract.

scholarly journals Legal nature and features of retirement legal relations of Ukraine in terms of reforming

2020 ◽  
Vol 1 (1) ◽  
pp. 270-275
Author(s):  
Lyusya Mozhechuk
Keyword(s):  
Legal Status ◽  
Pension Reform ◽  
Scientific Article ◽  
Pension Insurance ◽  
Legal Form ◽  
Social Nature ◽  
Legal Relationship ◽  
Legal Nature ◽  
Definition Of ◽  
Legal Entities

The article deals with study of the legal nature and specifics of pension legal relations in Ukraine in the context of pension reform. In the scientific article the definition of such concepts as «pension insurance», «pension» and «pension legal relations» is formed. The main features of pension legal relations are highlighted, in particular, the attention is paid to their redistributive and social-alimentary nature. The specific features of the subjects and the object of the pension legal relationship are disclosed. In particular, the legal status of general and special pension legal entities is provided. The features of the pension that distinguish it from other payments of a social nature are identified. The scientific article describes the relation between the concepts of «pension legal relations» and «legal relations in the field of pension provision». The attention is focused on the directions of reforming the sphere of pension provision of Ukraine and the measures taken at the first stage of reforming. The definition of pension provision of Ukraine is given. This is the kind of material security provided for by the legislation, granted that there are grounds specified by the current legislation of Ukraine. The organization-legal form of pension provision is a pension legal relationship that enables it not only to exist, but to function as a whole. By their legal nature, retirement relationships are complex and characterized by the presence of certain features, including a special subject and an object. Pension law relations have undergone significant changes today due to the first stage of Ukraine's pension reform.

Features of the legal status of subjects of Civil Law

2021 ◽  
Vol 28 (2) ◽  
pp. 181-188
Author(s):  
Iryna I. Banasevych ◽  
Ruslana M. Heints ◽  
Mariia V. Lohvinova ◽  
Oksana S. Oliinyk
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Historical Analysis ◽  
Legal Regulation ◽  
The State ◽  
Roman Law ◽  
Historical Method ◽  
Legal Method ◽  
Definition Of ◽  
Legal Entities

Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical issues related to the subjects of civil law. The above issues determine the relevance of the study of the features of the legal status of subjects of civil law. The purpose of the study is to investigate the features of the legal status of subjects of civil law based on doctrinal and legislative analysis. The study is based on a systematic approach, which lies in studying a complex system of relationships between subjects of civil law. Furthermore, the study is based on the laws and principles of dialectics, which contribute to the study of the legal status of the subjects of civil law. Systemic and structural-functional analysis was used to comprehensively describe the legal status of subjects of civil law. The historical method contributed to the study of the evolution of research on the subjects of civil law. The formal legal method helped identify the special features of the provisions of regulations concerning the subjects of civil law. With the help of the comparative legal method, the study analysed the provisions of the Civil Code of Ukraine in terms of regulation of subjects of civil law and such regulation was compared with other countries. The study defined the concepts and types of subjects of civil law and considered the features of the legal status of individuals, legal entities, as well as the state as a special participant of civil law. Special attention was paid to the historical analysis of the development of approaches to the definition of subjects of law, starting with Roman law

scholarly journals Legal status of cryptocurrency in Asian countries

2021 ◽  
Vol 66 ◽  
pp. 96-102
Author(s):  
V.M. Logoida
Keyword(s):  
Civil Rights ◽  
Government Regulation ◽  
Legal Status ◽  
Legal Regulation ◽  
Intangible Asset ◽  
Asian Countries ◽  
Legal Nature ◽  
Liberal Approach ◽  
Definition Of ◽  
Almost All

The article is devoted to the study of the experience of legal regulation of the legal status of cryptocurrencies and transactions with them in Asian countries (except for the People's Republic of China and Asian countries - members of the Commonwealth of Independent States, as the author examined them in separate publications). In the article the author, based on the study of regulations, administrative and judicial practice of all major countries in this part of the world, emphasizes the divergent trends in cryptocurrency transactions regulation in the region, when some countries move from a liberal approach to the use of cryptocurrencies to their total ban and vice versa. It is noted that almost all countries in the region give a legal assessment of the payment function of cryptocurrencies, using regulatory or prohibitive approaches, depending on the chosen policy, which indirectly confirms their understanding of the legal nature of cryptocurrencies primarily as a means of payment. At the same time, these countries not only categorically distinguish cryptocurrencies from fiat money issued by central banks, but also mostly avoid the official definition of cryptocurrency as private (decentralized) cash, preferring to qualify them as an intangible asset, virtual asset, digital asset, financial value and even a good or service, which is currently a kind of compromise between political expediency and economic realities. The author also notes that the Asian region is characterized by very active attempts to resolve the legal status of cryptocurrencies at the legislative level, and not just administrative or judicial response to the actual legal relationship, although the progress of different countries in this matter is different. As a result, the author concludes that in the Asian countries considered in the article, there is no same view on the legal nature of cryptocurrency, its qualification as an object of civil rights, and ways to regulate transactions with it (libertarian approach, positive-cryptocurrency approach but with detailed government regulation and control or a completely restrictive policy in relation to the cryptocurrency market).

scholarly journals THE MODERN STATE OF SCIENTIFIC THOUGHT ISIN RELATION TO SUBJECTS OF CORPORATIVE LAW

2020 ◽  
pp. 38-41
Author(s):  
N. V. Shcherbakova
Keyword(s):  
Legal Status ◽  
International Standards ◽  
Modern State ◽  
Scientific Thought ◽  
Economic Relations ◽  
Legal Nature ◽  
Legal Forms ◽  
Market Relations ◽  
Selection Of ◽  
Legal Entities

The article is devoted research of question of the modern state of scientific thought in relation to studies about subjects of corporative law. There is actuality of theoretical and practical value of select problems, taking into account prevalence of different legal forms of legal entities in an economic turn. The analysis of becoming and development of studies is conducted about subjects of corporative law. Specified, that transition of Ukraine from administratively command system to the market relations caused the appearance of new legal forms conducts of economic activity, which got partial embodiment in a national legislation which must was have time after stormy development of economic relations and design the most adequate forms of realization of business. It is rotined that the multidimensionalness of legal description of subjects of corporative law predetermines appearance of different scientific looks and approaches. It is set that the modern state of studies about subjects of corporative law is characterized the presence of civil legal and economic legal approaches among which an author is select narrow and wide interpretation of circle of subjects of corporative law. It is found out, that such selection predefined by certain factors, in particular, by establishment of a particular branch belonging of corporative legal relationships, its’ legal nature and content, and also it is well-proven that list of participants, subjects of corporative legal relationships related to the selection of interests of the proper circle of persons, their defence. Generalization is done, that the perspective is see subsequent research of problems of subjects of corporative legal relationships both in part of decision of general circle of these subjects and features of legal status of commercial companies, legal entities of corporative type created in different legal forms, taking into account importance of such developments, by conditioned euro-integration steps between Ukraine and EU in the sphere of legislation about companies and corporative management, and by adduction the legal adjusting over of activity of corporations to the requirements of international standards and gradual rapprochement with the rules of EU.

scholarly journals Regulation of the private employment agencies’ status as participants in relations in the field of non-standard forms of employment

Legal Ukraine ◽  
2019 ◽  
pp. 40-46
Author(s):  
Mytrytska Hanna
Keyword(s):  
Informal Economy ◽  
Legal Status ◽  
Labor Relations ◽  
Legal Regulation ◽  
Traditional Concept ◽  
Atypical Form ◽  
The World ◽  
The Status ◽  
Private Employment ◽  
Employment Agencies

The article is devoted to the study of the legal status of private employment agencies. International and European standards in the regulation of private employment agencies are analyzed. The status of private employment agencies in foreign countries as bodies that promote and secure employment of the population has been investigated. Mainly hermeneutic, statistical and functional research methods have been applied. the etiology of the emergence and revision of the traditional concept of labor relations during the collapse of the Soviet system and the beginning of the formation of market relations in the 1990s is investigated. It is established that during the first post-Soviet decade old legal norms of doing business remained; the informal economy flourished in real labor relations; the question of liberalization of labor law was raised at the beginning of the third millennium. In the economic situation, there is a growing demand for loan work. As a rule, such services are provided by representatives of multinational companies, national companies with complex organizational structure and well-established budgeting system, companies undergoing reorganization. According to expert estimates, about 100,000 people are currently employed in loan work in Ukraine, and in view of the new tax rules, this figure is expected to increase by at least half. At the same time, it is concluded that in addition to classical employment in modern Europe and in the world as a whole, there are other forms of employment, in particular its atypical form - borrowed labor (loan). Given the growing role of private employment agencies in the world, including in addressing unemployment, it is necessary to regulate much of the important conditions of borrowing that have been left out of Ukrainian law, which could adversely affect the level of protection of the rights and legitimate interests of workers. The conclusion is made about the expediency of improving the legal regulation of the status of private employment agencies and relations in the sphere of employment and in the national labor legislation of Ukraine.

The legal ambiguity of advanced assistive bionic prosthetics: Where to define the limits of ‘enhanced persons’ in medical treatment

2021 ◽  
pp. 147775092199427
Author(s):  
Tyler L Jaynes
Keyword(s):  
Nervous System ◽  
Medical Treatment ◽  
Peripheral Nervous System ◽  
Legal Status ◽  
Human Subjects ◽  
Daily Lives ◽  
Legal Definition ◽  
Legal Nature ◽  
Definition Of ◽  
Self Learning

The rapid advancement of artificial (computer) intelligence systems (CIS) has generated a means whereby assistive bionic prosthetics can become both more effective and practical for the patients who rely upon the use of such machines in their daily lives. However, de lege lata remains relatively unspoken as to the legal status of patients whose devices contain self-learning CIS that can interface directly with the peripheral nervous system. As a means to reconcile for this lack of legal foresight, this article approaches the topic of CIS-nervous system interaction and the impacts it may have on the legal definition of “persons” under the law. While other literature of this nature centres upon notions of transhumanism or self-enhancement, the approach herein approached is designed to focus solely upon the legal nature of independent CIS actions when operating alongside human subjects. To this end, it is hoped that further discussion on the topic can be garnered outside of transhumanist discourse to expedite legal consideration for how these emerging relationships ought to be received by law-generating bodies internationally.

scholarly journals Comparative and Legal Study of Registries of Unscrupulous Participants of Competitive Procedures Regulated by Federal Laws «On the Contract System in the Sphere of Purchase of Goods, Jobs and Services for Providing the State and Municipal Needs», «On Purchase of Goods, Jobs, Services by Certain Types of Legal Entities», as Well as by the Land, Housing and Forest Codes of the Russian Federation

2018 ◽  
Vol 9 (2) ◽  
Author(s):  
Alexander Tishchenko
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Legal Analysis ◽  
Current Policy ◽  
Legal Nature ◽  
The Russian Federation ◽  
Federal Laws ◽  
Definition Of ◽  
Legal Entities

This article carries out a comparative legal analysis of the Russian institutions of registers of the unconscientious participants of the competitive procedures conducted within the contractual system in the sphere of purchases to provide the state and municipal needs, purchases made by the certain types of legal entities, as well as housing, land and forestry legislation. The author comes to the conclusion about their conceptual unity, their inseparable relationship with the competitive procedures, the emergence of which is a stage in a market economy development, the impossibility of an undubitable definition of the legal nature of the institutions under consideration, as well as the presence of certain differences and contradictions in their legal regulation, the existence of which is not based on objective reasons. The author proposes to improve the current policy management of the institutions under consideration in order to exclude the differences that are not caused by the peculiarities of the regulated relations, as well as to bring the regulatory and legal framework to a conceptual unity; he provides the substantiation for such proposals.

scholarly journals Features of the legal status of the bodies of the state executive service of Ukraine

2020 ◽  
Vol 10 (19) ◽  
pp. 89-96
Author(s):  
Oksana Romanovska ◽  
Keyword(s):  
Legal Status ◽  
The State ◽  
Actual State ◽  
Legal Obligations ◽  
Multi Stage ◽  
Complete Study ◽  
The Subject ◽  
Definition Of ◽  
Subjective Rights ◽  
Legal Entities

The article provides a thorough analysis of the essence of the concept and structure of the administrative and legal status of the state executive service in Ukraine, which is a complex and multi-stage process, as it provides for the need to highlight the functioning of the state executive service in the legal system of Ukraine. The purpose of the article is a complete study of the administrative and legal status of the state executive service in Ukraine, for which the author analyzed such legal categories as "status", "legal status", "administrative and legal status" and formulated their features. The author's definition of legal status is given as a set of normatively regulated subjective rights, legal obligations and responsibilities of the participants of the relevant legal relations, which formulate the legal status of individuals and legal entities in society. Its features are: the legal status is defined as the presence of rights and obligations only in individuals; ambiguity in the interpretation of legal status and its varieties; is determined by the presence of a legal relationship of the subject of law with other subjects, and also includes the entire range of relations (connections) of the subject of law; formulates individual features of subjects of law and reflects their actual state in the system of relevant relations in certain conditions; endowed with a universal character, covering the various statuses of legal entities, both individual and collective; determines the legal position (position) of the subject of law in the relevant relationship with other entities, which does not depend on the participation of the subject in specific legal relations.

scholarly journals Self-regulatory organizations as legal entities of public law

2020 ◽  
Vol 3 (4) ◽  
pp. 75-81
Author(s):  
Anna F. Masalab
Keyword(s):  
Legal Status ◽  
Public Law ◽  
Public Power ◽  
Legal Entity ◽  
Scope Of Application ◽  
The Subject ◽  
Definition Of ◽  
The Right ◽  
Legal Character ◽  
Legal Entities

The subject. The legal status of self-regulatory organizations based on the principle of mandatory membership was chosen as the subject of the research.The purpose of the article is to study the features of subjects of administrative law, vested with public powers, and substantiate the possibility of attribution of self-regulatory organizations with mandatory membership to legal entities of public law.The methodological basis for the study: general scientific methods (analysis, synthesis, comparison, description) as well as formal-legal interpretation of legislation and judicial acts.Results, scope of application. Two types of subjects can take part in administrative relations, as a rule: subjects performing public functions and endowed with authority for their implementation, and subjects not endowed with appropriate powers and representing an exclusively private interest. At the same time, the first group of subjects includes not only public-territorial entities, state authorities, but also organizations performing publicly significant functions.The legal definition of a legal entity does not reflect all the features of the legal status of these subjects, that is why the author refers to the concept of a legal entity of public law. Legal entities of public law have a special nature, different from legal entities of private law, since they have the right to make decisions affecting an indefinite range of persons.Conclusions. The analysis of the features of the legal entity of public law allocated in the literature (special legal nature; special social quality; special interests and will; connection with the public power; special way of creation; public-legal character of responsibility) allowed to justify that self-regulatory organizations are the kind of legal entities of public law - organizations performing publicly significant functions.

CONCEPT AND CONTENT OF A RECONCILIATION AGREEMENT IN THE CRIMINAL PROCEEDINGS OF UKRAINE

2017 ◽  
Author(s):  
Mariia Sirotkina ◽  
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Main Attention ◽  
Criminal Offense ◽  
Procedural Law ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Definition Of

The article is turned out to a scientific search for the concept of "a reconciliation agreement between the victim and the suspect or accused" through the study of the essence of reconciliation and role in criminal proceedings thereof. The author notes that criminal procedural law (until 2012) had been proclaimed another approach to reconciliation between victim and suspect, not involved a dispute procedure as a conflict, the result of which can be reached by compromise and understanding through reconciliation. It is stated that one of the ways to resolve the legal conflict in committing a criminal offense was the opportunity to reach a compromise between the victim and the suspect (the accused) by concluding a reconciliation agreement between them, provided by the Code of Сriminal Procedure of Ukraine (2012). The main attention is placed on the shortcoming of the domestic criminal procedure law which is the lack of the concept of "a reconciliation agreement between the victim and the suspect or the accused", which can be eliminated only through examining the essence or legal nature of reconciliation in criminal proceedings. Taking into consideration the current legislation and modern views on the institution of reconciliation in criminal proceedings, the author's definition of the concept of "a reconciliation agreement" is proposed. Thus, “The conciliation agreement is an agreement in criminal proceedings concluded between the victim and the suspect or the accused person on their own initiative in relation to crimes of minor or medium gravity and in criminal proceedings in the form of private prosecution, the subject of which is the compensation of harm caused by wrongdoing or committing other actions not related to compensation for the damage that the suspect or the accused is obliged to commit in favor of the victim, in exchange for an agreed punishment and sentencing thereof or sentencing thereof and relief from serving a sentence with probation, as well as the statutory consequences of conclusion and approval of the agreement".

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