scholarly journals THE PROBLEMS OF DRAFTING AND IMPLEMENTATION OF REGION STRATEGIC PLANNING ACTS

2021 ◽  
pp. 3-8
Author(s):  
A.A. Gvozdeva
Keyword(s):  
Strategic Planning ◽  
Legal Regulation ◽  
Regional Level ◽  
Legal Nature

Article research is in the problems of drafting and implementation of region strategic planning acts.The article analyzes the legal nature of region strategic planning acts, the analysis of the normative field ofstrategic planning of individual regions is carried out, explores the gaps of legal regulation in the areas ofdrafting and implementation of planning documents at the regional level. The article addresses the issuesof constitutional regulation of region strategic planning acts, solutions suggested.

scholarly journals Integration of investment strategies in the system of strategic planning of territorial development

Upravlenie ◽  
2019 ◽  
Vol 7 (2) ◽  
pp. 87-94
Author(s):  
O. V. Kozhevina
Keyword(s):  
Strategic Planning ◽  
Russian Federation ◽  
Legal Regulation ◽  
Economic Security ◽  
Regional Level ◽  
Russian Regions ◽  
Investment Climate ◽  
Territorial Development ◽  
Investment Projects ◽  
The Russian Federation

The issues of legal regulation of investment activity at the level of the Federation entities of the Russian Federation have been considered. The purpose of the research is the study of strategic documents in the field of investment activities of the Federation entities of the Russian Federation and the regulatory framework. The object of the research is the mechanism of strategic planning of investment development of territories. An empirical study of the implementation of investment processes in Russian regions has showed, that legal regulation is heterogeneous, but in general, well presented and allows improving the investment climate and encouraging investment, as well as to some extent influencing the economic security of the regions. The experience of the functioning of specialized organizations to attract investment and work with investors, the organization of public-private partnership at the regional level has been studied. The algorithm of approval of investment projects of territorial development has been presented.On the example of a large Russian region - the Altai Territory - the provisions and principles of the investment declaration of the subject, such as equality of the subjects of entrepreneurial and investment activities, involvement of subjects of entrepreneurial and investment activities in the investment process, transparency (openness) of information, the use of best practices of work with investors have been considered. A set of internal measures and instruments for the implementation of an effective investment policy at the regional level has been determined. Attention has been paid also to the relevant issue of concluding concession agreements as a way to develop territories and implement infrastructure projects. Internal measures have been proposed to increase the investment attractiveness of the Russian regions, in particular, are necessary the transformation of the business climate, increasing the responsibility of regional executive authorities for the investment development of territories and creating a favorable investment climate, ensuring the availability of long-term financing sources for investment projects, the development of venture financing and crowdfunding. 

scholarly journals On the legal nature of strategic planning of socioeconomic development in foreign countries

2021 ◽  
pp. 1-20
Author(s):  
Alexander Alekseevich Ishchenko
Keyword(s):  
Strategic Planning ◽  
Russian Federation ◽  
Socioeconomic Development ◽  
Legal Aspect ◽  
The United States ◽  
Legal Regulation ◽  
Planning System ◽  
Foreign Countries ◽  
Legal Nature ◽  
The Russian Federation

The subject of this research is the legal nature and legal mechanisms of strategic planning of socioeconomic development in foreign countries. The goal is to examine the peculiarities of legal nature of the strategy of socioeconomic development in foreign countries. The author sets the following tasks: analyze the current state of legal regulation of the strategy of socioeconomic development in the Russian Federation; examine the peculiarities of legal nature of the strategy of socioeconomic development in certain foreign countries; use the data acquired in comparative legal aspect for outlining the prospects of using positive foreign experience in domestic practice. Analysis is conducted on the experience of strategic planning in the United States, Germany, and Japan as the representatives of different groups of countries with their own specificities. The author describes the peculiarities of various approaches towards legal regulation of strategic planning , which are substantiated by the following factors: the historical path of development of the strategic planning system; affiliation to different legal families and establishment of legislative system; degree of economic and social development; approaches towards settlement of the questions of correlation of public and private interests, and a range of other factors. The strengthening of the role of federal center as the organizing core of the mechanism of strategic planning is substantiated. The conclusion is made on the prospects for the development of legal regulation of the strategy of socioeconomic development in the Russian Federation. Recommendations are formulated on amending the legislation in the sphere of strategic planning.

scholarly journals THE ROLE OF STRATEGIC PLANNING ACTS IN THE SYSTEM OF CONSTITUTIONAL LEGAL REGULATION

2020 ◽  
pp. 19-24
Author(s):  
A.A. Gvozdeva
Keyword(s):  
Strategic Planning ◽  
Legal Regulation ◽  
Legal Nature

Article research is in the role of strategic planning acts in the system of constitutional legal regulation.The article analyzes the legally fixed concept “strategic planning act”, completeness of this definition, theconcept “normative legal act” is considered and legal nature of strategic planning documents, the specificfeatures of strategic planning acts are examined, the analysis of the opinions of legal scholars is given,also the gaps of legal regulation in the areas of development and enforcement of planning documents aredescribed. The article addresses the issues of foreign practice of using strategic planning acts, the problemsof constitutional regulation of strategic planning describes, solutions suggested.

scholarly journals La regulación de la gestión técnica del sistema eléctrico

2019 ◽  
pp. 109-146
Author(s):  
Alejandro D. LEIVA LÓPEZ
Keyword(s):  
Legal Regulation ◽  
Transmission System ◽  
Regional Level ◽  
European Network ◽  
European Regulation ◽  
Technical Management ◽  
Electricity System ◽  
Legal Nature ◽  
System Operator ◽  
The One

LABURPENA: Ikerketa honen helburua da Espainiako sistema elektrikoaren kudeaketa teknikoaren lege-erregulazioa aztertzea. Horretarako, araudi komunitarioan, nazionalean eta erregelamenduzkoan definitutako berezitasun tekniko, ekonomiko eta juridikoak aztertu dira. Lehenengo partean, sistemaren kudeaketa teknikoaren kontzeptuaren eta izaera juridikoaren panoramika orokor bat eskaintzen da, argitzeko zer rol jokatzen duen sistemaren operadoreak elektrizitatea hornitzeko jardueraren barruan. Gero, sakon aztertzen dugu kudeaketa teknikoaren jardueraren banaketa eta ondoriozko funtzio espezifikoak, eta, horretarako, arau komunitarioaren eta estatalaren irakurketa paraleloa egin behar da nahitaez. Azkenik, kudeaketa teknikoaren hobekuntzarako esparru europarra aztertzen dugu, oinarritua, batetik, sistemaren operadoreen arteko eskualde mailako lankidetza-esparru optimo batean, eta, bestetik, Europako sare-kodeen eta jarraibideen konfigurazio egoki batean. ABSTRACT: The purpose of the present study is to analyze the legal regulation of the technical management of the Spanish electricity system. For it, we study the technical, economic and legal specificities laid down in the European, national and administrative regulation. The first part provides with a general overview of the concept and legal nature of the technical management of the electricity system. This helps us to clarify the role that the transmission system operator is playing with the electricity supply activity. After that, we thoroughly analyze the regulatory framework on unbundling and the functions of the Transmission System Operator, so it is obligatory that we undertake a parallel reading of the Spanish and the European regulation. Lastly, we examine the European framework for the improvement of the technical management based on the one hand on the cooperation at regional level and, on the other hand, on the proper elaboration of the European Network Codes and guidelines. RESUMEN: El presente estudio tiene como objeto analizar la regulación legal de la gestión técnica del sistema eléctrico español. Para ello, se abordan las especificidades de carácter técnico, económico y jurídico definidas en la normativa comunitaria, nacional y reglamentaria. Una primera parte ofrece una panorámica general sobre el concepto y naturaleza jurídica de la gestión técnica del sistema, lo que nos permite clarificar el papel que juega el operador del sistema dentro de la actividad de suministro de electricidad. Tras ello, analizamos exhaustivamente el régimen de separación de la actividad de gestión técnica y las funciones específicas que representa, para lo que resulta preceptivo llevar a cabo una lectura paralela de la norma comunitaria y estatal. Por último, examinamos el marco europeo para la mejora de una gestión técnica basada, de un lado, en un óptimo marco de cooperación regional entre operadores del sistema y, de otro, en una adecuada configuración de códigos de red y directrices europeos.

scholarly journals Legal status of the company's share in own authorized capital under the Law of Ukraine “On limited and additional liability companies”: problems of legal regulation

2021 ◽  
Vol 11/1 (-) ◽  
pp. 31-36
Author(s):  
Volodymyr TSIUPRYK
Keyword(s):  
Legal Status ◽  
Limited Liability ◽  
General Meeting ◽  
Legal Regulation ◽  
Legal Nature ◽  
The Law ◽  
The Right ◽  
A Company ◽  
Authorized Capital ◽  
A Share

Introduction. Nowadays, the issue of determining the legal status of the company's share in the own authorized capital of LLC and TDV has become quite acute, as evidenced by the adoption on July 28, 2021 by the Commercial Court of Cassation in Case № 904/1112/20, in which the Court established a new approach legal nature of such a phenomenon and expressed his own position on the understanding of the legislation concerning the legal status of the share of LLC and TDV in its own authorized capital. Given that a limited liability company is the most popular type of legal entity that is chosen to conduct business in Ukraine, the analysis of this issue is relevant. Some scientific value for the development of the transfer of the participant's share are the works of individual authors devoted to the study of the legal nature of the share in the authorized capital but the problems arising around the legal status of the company. in their own authorized capital in these works were only mentioned along with others, but did not receive a detailed separate study. The purpose of the paper is to analyze the normative regulation of the legal status of the company's share in the own authorized capital of LLCs and ALCs, identification of shortcomings in their legal regulation and implementation, as well as the search for ways to eliminate them. Results. One of the most relevant decisions concerning the subject of this article is the Judgment of the Commercial Court of Cassation in case № 904/1112/20 of July 28, 2021. The court in this case found that the votes attributable to the share belonging to the company itself are not taken into account when determining the results of voting at the general meeting of participants on any issues. However, Ukrainian legislation does not contain any direct norms that would prohibit the exercise of the right to manage a company in relation to itself on the basis of a share in its own authorized capital. That is why the company cannot be a participant in relation to itself, although they seem logical, but do not have sufficient regulatory support, and therefore do not allow to be firmly convinced of their compliance with the law. In view of this, it can be stated that there is a significant gap in the national legislation on this issue, which, in our opinion, the Court failed to “fill” with this decision in the case. Conclusion. In the Ukrainian legislation at the level of the Law of Ukraine “On Limited and Additional Liability Companies” Article 25 defines the possibility for a company to acquire a share in its own authorized capital. However, the regulation of the legal status of such a share cannot be called sufficient, due to which in practice there are certain problems in the implementation of the provisions of the legislation concerning the share of the company in its own authorized capital. The solution of these legal problems is necessary to ensure the highest quality and clarity of the law, as well as to form case law with common approaches to understanding a single rule.

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 Scientific Concepts of a Deputy’s Mandate: Apology and Criticism

2020 ◽  
Vol 11 ◽  
pp. 41-44
Author(s):  
Natalya T. Leonenko ◽  
Keyword(s):  
Legal Regulation ◽  
Public Law ◽  
Scientific Concepts ◽  
Government Structure ◽  
The Public ◽  
Legal Nature ◽  
Historical Comparative ◽  
Representative System

The article studies the genesis of the deputy’s mandate institution. The relevancy of this subject is determined by the imperfection of the legal regulation of the institution under study; absence of clarity in its implementation; modernization of public law relations. The public government structure and the general democracy system largely depend on which type of mandate will be preferred in the Russian representative system. The purpose of the article is the research of the legal nature of the institution of mandate of a deputy of representative public government authorities and various aspects of this problem using formal legal, historical, comparative legal and logical methods.

scholarly journals Features of Inheritance of Cryptocurrency Assets

2021 ◽  
Vol 10 (1) ◽  
pp. 103-122
Author(s):  
Oleksandr Omelchuk ◽  
Inna Iliopol ◽  
Snizhanna Alina
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
European Countries ◽  
Electronic Money ◽  
Applicable Law ◽  
Legal Nature ◽  
The World ◽  
Functional Features ◽  
Made In

The article analyzes the legal nature and specific of legal regulation of cryptocurrency in order to reveal the features of inheritance of cryptocurrency assets. The article aims to reveal whether it is possible to inherit cryptocurrency in terms of the existent legislation and if so, what kind of peculiarities of cryptocurrency should be considered. The financial and legal nature of cryptocurrency are described in the article. The main differences between cryptocurrency and traditional electronic money are revealed. The current legislation of Ukraine and some European countries on cryptocurrency legal status is analyzed. It is stated, that in most countries of the world, cryptocurrency is not considered to be money or currency, but rather a kind of property. It is noted, that while solving the issue of inclusion of cryptocurrency assets in the legacy, it is necessary to take into account the functional features of cryptocurrencies in general and the specifics of a particular type of cryptocurrency. Most of the benefits of cryptocurrencies for their owner (such as anonymous character) are obstacles to their inheritance according to the procedures provided by applicable law. The classification of the methods of inheritance of cryptocurrency assets is made in the article. The differences in the inheritance of cryptocurrency and tokens are revealed.

scholarly journals From the European Health Community to the European Health Union: The Project of the Supranational Health and Research Organization of the European Countries and its Historical Destiny

Lex Russica ◽  
2021 ◽  
pp. 138-153
Author(s):  
A. O. Chetverikov
Keyword(s):  
Legal Regulation ◽  
European Countries ◽  
Eurasian Economic Union ◽  
Health Community ◽  
Legal Nature ◽  
Legal Model ◽  
European Health ◽  
The Creation ◽  
Research And Education ◽  
The Impact

The paper examines the little-known pages of the legal regulation of international integration in Europe: the project of the creation in the middle of the 20th century of the European Health Community (EHC) and its relationship to the current project for the establishment of the European Health Union. The introduction examines the reasons for the ineffective response of the modern European Union (EU) to the global coronavirus pandemic, mainly due to the lack of European institutions, in contrast to the economy and a number of other spheres of public life, supranational powers in the field of health.The first section analyzes the main provisions of the draft EHC presented by the French Government in 1952 and became the subject of an international "preparatory conference" with the participation of 16 European countries at the end of the same year. The author gives special attention to the legal consolidation in the EHC draft founding treaty of "sanitary activities" (prevention and counteraction of various types of diseases); "cultural provisions" dedicated to the collection of information, the development of scientific research and education in the field of health; provisions on the creation of a common therapeutic and research infrastructure of the EHC; the political and legal nature of the EHC as a supranational organization with restrictions in its favor of the sovereign rights of the participating states.The second section describes and evaluates the domestic, foreign, and economic factors that prevented the creation of the EHC.The final section examines the impact of the EHC on the law-making and law-enforcement activities of the modern EU, and compares the legal model of the EHC with the model of the European Health Union, which was established in the end of 2020. There are also proposals for using the experience of European integration in the field of healthcare for the development of integration processes in a similar field between Russia and other former Soviet republics, including the creation of common medical and research centers under the auspices of the Union State of Russia and Belarus and (or) the Eurasian Economic Union, equipped with mega-science facilities (synchrotrons, etc.), other advanced infrastructure of scientific theoretical and scientific applied nature.

scholarly journals Legal nature of the requirements of the banking legislation of Ukraine to ensure credit operations of banks

2021 ◽  
pp. 297-305
Author(s):  
Anatoliy Babaskin
Keyword(s):  
Credit Card ◽  
Civil Law ◽  
Legal Regulation ◽  
Functional Method ◽  
Point Of View ◽  
The European Union ◽  
Scientific Publications ◽  
Economic Point ◽  
Legal Nature ◽  
The Right

Іintroduction. Despite the fact that a significant number of scientific publications by well-known Ukrainian authors are devoted to the issues of legal regulation of credit obligations, at the same time separate studies of banking legislation requirements on "acceptability of collateral" have not been conducted in Ukrainian civil science in recent years. This, taking into account the gradual alignment of banking legislation of Ukraine with the standards of Basel III, and Directive 2002/47 / EC of the European Parliament and of the Council of 6 June 2002 on financial collateral mechanisms, necessitates such scientific research. The aim of the article. On the basis of the analysis of the legislation of Ukraine, the legislation of the European Union, scientific advances in the sphere of civil law and banking legislation, in the context of the analysis of the banking legislation of Ukraine, it is safe for creditors. In order to achieve this goal: 1. Conduct an analysis of civil and legal species for the protection of crops for the subject of іх possible delivery to “acceptable safety” and vrahuvannya banks when opening a credit card. 2. Significantly "quasi-security", as viewed by the banking legislation in the form of "acceptable security" for credit cards. 3. Zdіysniti analysis of the approaches to the legislation of the EU in the field of protection from credit denominations. Results. The methodological basis of the study is general scientific and special legal methods of scientific knowledge. In particular, the dialectical method, the method of analysis and synthesis, the comparative law method, the functional method, the modeling method, etc. Conclusions. First, the banking legislation does not consider as "acceptable collateral" such types of collateral as penalty, surety, deposit, retention. Secondly, the banking legislation considers as "acceptable collateral" not only those specified in Part 1 of Art. 546 of the Civil Code of Ukraine types of security for performance of obligations (pledge, right of trust ownership, guarantee), and other types of security for performance of obligations provided by law or contract (reserve letter of credit, performing the function of financial guarantee, guarantees of public entities, guarantee payment), but also contractual constructions which do not concern types of maintenance of performance of obligations (repo agreements). Thus, the banking legislation considers collateral in credit operations from the economic point of view, according to which "acceptable collateral" is only such liquid collateral that guarantees the rapid recovery of the property of the creditor bank, which suffered damage due to default or improper performance of the counterparty loan obligation, as well as "quasi-collateral", if such is referred by banking legislation to "acceptable collateral". Third, the existence of rules in the banking legislation on the acceptability of collateral in no way affects the right of banks to use any type of collateral provided by law or contract, if the application of such is possible in credit relations, taking into account the legal nature of the relevant types. software. Fourth, the set of regulations of the National Bank of Ukraine on the acceptability of collateral can be considered as an institution of banking law, which includes as rules of civil law governing the types of collateral, other rules of contract law governing other "quasi-collateral" contractual constructions, as well as public-law special norms of banking legislation, which establish additional regulatory requirements for banks to ensure credit operations and calculate credit risk.

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