Legal Regulation of the Non-Entrepreneurial Legal Entities’ Status: Foreign Experience

2019 ◽  
Vol 9 (5) ◽  
pp. 1806
Author(s):  
Alla V. ZELISKO ◽  
Olga I. ZOZULIAK ◽  
Liliana V. SISHCHUK
Keyword(s):  
Comparative Method ◽  
Legal Regulation ◽  
International Experience ◽  
Practical Significance ◽  
Positive Experience ◽  
University Teachers ◽  
Foreign Experience ◽  
Foreign Countries ◽  
The University ◽  
Legal Entities

The relevance of the study is due to the fact that the implementation of the task of improving private-law regulation of relations with the participation of non-entrepreneurial legal entities is possible only on the basis of the international experience of the operation of the legal institute. In this context, this article aims to analyze the positive experience of regulating non-entrepreneurial legal entities under the legislation of leading foreign countries. Leading approach to the study of this problem is the comparative method that has afforded revealing peculiarities of regulation of legal entities under consideration within Ukraine and foreign countries. In the article the suggestions for improving the legislation of Ukraine are presented on the basis of foreign experience. The materials of the paper imply the practical significance for the university teachers of the legal specializations.

Methodology of Structural and Functional Approach to Management of the Enterprise Economic Safety

2020 ◽  
Vol 10 (2) ◽  
pp. 488
Author(s):  
Elvira I. DANILOVA ◽  
Valentyna M. MARCHENKO
Keyword(s):  
Comparative Method ◽  
Economic Security ◽  
Functional Approach ◽  
Practical Significance ◽  
University Teachers ◽  
Theoretical Generalization ◽  
Basic Concepts ◽  
The University

The relevance of the study is due to the fact that there are several approaches to managing economic security. In this context, the purpose of the article is to generalize existing scientific approaches to managing the economic safety of an enterprise and to investigate their compliance with the objectives of such a management. Moreover, this article aims to analyze the objects of danger in the management of economic security of enterprises. Leading approach to the study of this problem is the comparative method that has afforded revealing peculiarities of the basic concepts of structural-functional access. In the article theoretical generalization of the main provisions of the resource-functional approach are presented. The materials of the paper imply the practical significance for the university teachers of the economic specializations.

scholarly journals Legal regulation of bullying: national and international experience

2019 ◽  
Keyword(s):  
School Environment ◽  
Statistical Data ◽  
Legal Regulation ◽  
International Experience ◽  
Foreign Experience ◽  
Foreign Countries ◽  
Definition Of ◽  
Administrative Responsibility

The article analyzes the reasons and conditions for the occurrence of bullying among adolescents. The legal regulation of this phenomenon in Ukraine and foreign countries is explored. The Laws of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Combating Bullying (Hunting)" and "On Education" are analyzed in relation to the definition of actions that qualify as a bullying. The statistical data on the distribution of the bullying in the school environment is presented. The specified administrative responsibility, provided for the commission of these actions. The optimal ways of solving the problem of a bullying with the help of foreign experience are offered.

scholarly journals Experience of Foreign Countries on Exercising Departmental Control over the Activities of Judges and the Possibility of Its Application in Ukraine

2020 ◽  
Vol 9 (29) ◽  
pp. 243-249
Author(s):  
Mykola Ivanovich Inshyn ◽  
Oksana Vasilievna Pchelina ◽  
Tatiana Mikhailovna Yamnenko ◽  
Hаlyna Viktorivna Tatarenko
Keyword(s):  
International Experience ◽  
Judicial System ◽  
Positive Experience ◽  
Legal Systems ◽  
Scientific Cognition ◽  
Foreign Experience ◽  
Documentary Analysis ◽  
Foreign Countries ◽  
General Scientific ◽  
The Uk

The objective of the article is to study the positive experience of foreign countries in exercising departmental control over the activities of judges and to identify possible ways of its application in Ukraine. While writing the article the author has used general scientific and special methods of scientific cognition, namely: systematic, comparative and legal, functional and documentary analysis. Based on the analysis of scientific sources the author has studied the experience of the UK, France, Poland, Asian in exercising departmental control over the activities of judges. It has been determined that quite different approaches have been currently developed in Europe regarding the exercise of departmental control over the activities of judges, which is conditioned by the specifics of the legal systems of countries in general and the judicial system in particular. At the same time, despite the presence of certain differences, this does not exclude the possibility of applying the relevant positive foreign experience in our country. Based on the results of the conducted research, the following has been suggested, taking into account international experience in exercising departmental control over the activities of judges: a) to optimize the system of entities, which are authorized to exercise control over the activity in the specified sphere; b) to create a legislative base for exercising departmental control over the activities of judges, in particular by developing and adopting a single legal act in this area; c) to strengthen the supervision over the courts while maintaining the limits of the independence of judges; d) to expand the financial and logistical support of the entities of departmental control; e) to create organizational and legal conditions, where judges will in no way be able to influence the departmental control; f) to develop a clear and understandable system for evaluating the performance of judges.

Ethical boundaries of the legal regulation of conditions of carrying out genetic screening in prenatal diagnosis in Russia and abroad

2020 ◽  
Author(s):  
M.V. Medvedev , G.N. Suvorov , S.S. Zenin et all
Keyword(s):  
Prenatal Diagnosis ◽  
Great Britain ◽  
Legal System ◽  
Genetic Screening ◽  
Legal Status ◽  
Legal Regulation ◽  
Ethical Problems ◽  
Foreign Experience ◽  
Foreign Countries ◽  
General Scientific

Objectives. The purpose of this study is to study the essence of ethical problems that arise in the field of genetic screening for prenatal diagnosis (PND) and determine possible ways to overcome them by legal means, taking into account the existing foreign experience. Materials and methods. Normative legal acts and doctrinal sources of Great Britain, Germany, Ireland, France and Switzerland are studied. Methods used: General philosophical, General scientific, private scientific, special (structural-legal, comparative-legal, formal-legal). Results. Ways to resolve ethical problems that arise or may arise in the future as a result of genetic screening for PND, which can be applied within the Russian legal system, are proposed. Conclusions. It is stated that most of the identified ethical problems are related to the lack of normative consolidation of the legal status of the fetus. It is presumed that the beginning of ethics should serve as the guide for legislation in this area. At the same time, it is emphasized that the legal regulation of genetic screening in PND should be flexible enough to optimally ensure the interests of all participants in these relationships. In addition, in this direction, it seems appropriate to refer to the experience of a number of foreign countries, whose legislation provides for fairly strict requirements in the field of PND.

Foreign experience in constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law

2021 ◽  
Vol 28 (2) ◽  
pp. 55-65
Author(s):  
Oleksandr M. Bukhanevych ◽  
Serhii O. Kuznichenko ◽  
Anastasiia M. Mernyk
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Well Being ◽  
Legal Regulation ◽  
Martial Law ◽  
Foreign Experience ◽  
Foreign Countries ◽  
General Scientific ◽  
The Individual ◽  
Exhaustive List

The study investigates the foreign experience of constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law in Macedonia, Armenia, Belarus, Moldova, Georgia, Latvia, Lithuania, Albania, Azerbaijan, which is relevantin modern conditions, based on the presence of local military conflicts, emergencies, or the possibility of their existence in many countries of the world. The purpose of this study was to analyse the text and content of the constitutions of foreign countries to clarify and explain the groundsfor restricting human and civil rights and freedoms in conditions of emergency and martial law. To achieve this purpose, the study employed a system of methods of scientific cognition, namely general scientific (analysis, synthesis), particular (comparative, quantitative and qualitative analysis, approximation), as well as special legal (formal legal, comparative legal) methods. The practical value of the study lies in the identification of four prevailing trends in the constitutions of foreign states to the procedure for determining the scope of restrictions on human rights under special regimes: 1) consolidation of an exhaustive list of rights and freedoms in the constitutions, which cannot be restricted during the period of emergency and martial law; 2) consolidation of an exhaustive list of rights and freedoms in the constitution, which can be restricted to protect human rights, the democratic structure of the state, public safety, the well-being of the population and morals; 3) combining the first two options for consolidating restrictions in the text of the constitutions; 4) consolidation of the possibility of limiting the rights and freedoms of the individual in the texts of constitutions by state authorities under special legal regimes in the interests of national security without specifying partiular rights and freedoms that may (or may not) be restricted

Administrative and legal mechanisms for combating corruption

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Nataliia A. Lytvyn ◽  
Olena V. Artemenko ◽  
Svitlana S. Kovalova ◽  
Maryna P. Kobets ◽  
Elena V. Kashtan (Grygorieva)
Keyword(s):  
Design Methodology ◽  
International Experience ◽  
Legal Regulations ◽  
Positive Experience ◽  
Legal Analysis ◽  
Content Type ◽  
Current State ◽  
Foreign Countries ◽  
Analysis And Synthesis ◽  
Practical Implications

Purpose The purpose of this paper is to study the administrative and legal mechanisms of combating corruption, namely, to determine the means by which it is possible to develop a positive experience in the fight against corruption. Design/methodology/approach Among the methods used to study the problems of the stated subject, the dialectical, comparative-legal, systems, historical and legal, formal and legal, analysis and synthesis can be distinguished. Findings The authors investigated the experience of foreign countries in combating corruption and suggested implementing international experience in national legislation for the successful fight against corruption. In the course of the study, the current state of legal regulations governing anti-corruption activities was characterised, corruption and the main reasons for committing corruption acts were investigated, the problems that arise in the fight against corruption were identified, the main administrative and legal mechanisms for combating corruption were established and the effectiveness of applying these mechanisms in practice was studied. Practical implications The provisions that are enshrined in this paper are of practical value for individuals whose activities are aimed at fighting corruption, as Ukraine is one of the states where corruption flourishes and where the fight against corruption has not been directly implemented in practice for many years. Originality/value Based on the example of international experience in the fight against corruption, proposals and recommendations for improving administrative and legal mechanisms for combating corruption have been developed.

Using Case Technology and Project Method in the Process of Studying Professionally Oriented Disciplines

2021 ◽  
pp. 67-77
Author(s):  
Madina T. Bekoeva
Keyword(s):  
Educational Process ◽  
Practical Significance ◽  
Professional Activity ◽  
Practical Implementation ◽  
Case Method ◽  
University Teachers ◽  
Professional Activities ◽  
Project Method ◽  
Latent Potential ◽  
The University

The article presents a lapidary analysis of possibilities of using the case method and the project method in the formation of professional thinking of students studying philology and journalism. We also consider the possibilities of using case technology and project method in the process of studying professionally oriented disciplines. The practical significance of the work comes down to disclosing the effectiveness of the case method and the method of projects in the process of forming professional skills. The relevance of this article is determined by modern realities of educational process at the university. The case method and the method of projects make it possible to increase the motivational component of learning and contribute to the development of teachers’ progressive thinking and students’ creative potential, both of which are necessary for professional activities. In this article we also made an attempt at revealing the essence of these methods in the educational process at bachelor’s level. They turned out to be the main methods for the formation of students’ universal and professional competencies. The project method and case method act as an integral factor in the gamification of educational process contributing to the formation of skills of expedient action, activation of thinking, instilling the skills of independent search for solutions in standard and non-standard situations that may come up in the course of professional activity. Students actively and productively master the necessary competencies while revealing their latent potential. The case method and the project method demonstrate great efficiency in improving the quality of personnel training; the specific types of their practical implementation are developed jointly during classes by university teachers and employers’ representatives. The purpose of the article is to determine the methodological potential of the case method and the method of projects in the formation of professional thinking of future philologists and journalists and to consider the possibilities of using case technology and the project method in the process of studying professionally oriented disciplines. The project method is a relevant and effective technology that significantly increases the level of mastery of educational material, the internal motivation of students and their independence. The case method initiates the development of professional thinking, independence, unconventional thinking and creativity. When faced with a formulated problem, students concentrate on finding a solution to the problem and the teacher’s skillful interpretation of the problem directs students to search for non-standard ways. Everything mentioned above leads to the development of integrative thinking and significantly expands students’ capabilities. The practice of working with the case method and the project method in the classroom confirms their effectiveness in the professional development of university students, expanding their professional horizons and the formation of professional thinking.

THE RIGHT TO LOCATE AND PROSPECTS OF ITS LEGAL REGULATION IN UKRAINIAN LEGISLATION

2017 ◽  
Author(s):  
Valeriy Aveskulov ◽  
◽  
Yuliia Deresh ◽  
Albina Romanchuk ◽  
◽  
...  
Keyword(s):  
Working Conditions ◽  
Legal Status ◽  
Protective Action ◽  
Legal Regulation ◽  
Economic Pressure ◽  
Foreign Experience ◽  
Labor Legislation ◽  
Foreign Countries ◽  
European Experience ◽  
The Right

This article is devoted to the study of the right to lockout, the legal status and procedure of which are not regulated in the labor legislation of Ukraine. The article considers the experience of foreign countries and options for legislative consolidation of the right to lockout. It is established that there are two types of lockout - defensive and offensive, the first of which acts as a reaction of the employer to the strike. The offensive does not require such a precondition as a workers' strike and is a means for the employer to impose its working conditions. Based on this, it was determined that most countries allow the employer to resort to such a measure if the lockout is defensive, but the procedure for its implementation contains a number of restrictions. The article analyzes the provisions of the European Social Charter, the Law of Ukraine "On the Procedure for Resolving Collective Labor Disputes (Conflicts)", the Draft Labor Code of Ukraine dated 04.12.2007 № 1108, the Draft Labor Code of Ukraine dated 27.12.2014 № 1658, the Draft Labor Code of Ukraine 08.11.2019 № 2410-1, Draft Labor Code of Ukraine dated 08.11.2019 № 2410, Draft Law on Strikes and Lockouts dated 27.12.2019 № 2682. The article considers the views of domestic scholars on the feasibility of enshrining in Ukrainian law the employer's right to lockout, some of which consider it appropriate to allow the right to lockout as a protective action of the employer in response to workers' strike, but with some restrictions. Other scholars advocate a direct ban, as such an employer's right may violate workers' right to strike. Based on the positions of scientists, foreign experience and analysis of numerous legislative attempts to determine the legal status and procedure of the right to lockout, a variant of its enshrinement in the labor legislation of Ukraine is proposed to balance the rights and interests of employees and employers and avoid economic pressure on employees. The authors consider it appropriate to consolidate the right to lockout if it is defensive, following the example of European experience.

Problems of implementing antitrust compliance in Russia (applicability of foreign experience)

2020 ◽  
pp. 30-35
Author(s):  
D. Z. Kairova
Keyword(s):  
Foreign Experience ◽  
Foreign Countries ◽  
Legal Entities

The concept of antitrust compliance, the prospects for its implementation in the activities of legal entities of Russia (taking into account the relevant experience of individual foreign countries) are considered. It also analyzes the possibility of classifying the presence of an antitrust system in companies as extenuating circumstances in case of violations of the relevant legislation. Factors that can increase the productivity of this system are investigated.

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