Legal Regulation of Interest Rates under the Loan Agreement, with the Participation of the Borrower – the Entity, under the Civil Law of Ukraine and Germany: A Comparative Characteristic

2019 ◽  
Vol 10 (3) ◽  
pp. 695
Author(s):  
Anatoly Yu. BABASKIN
Keyword(s):  
European Union ◽  
Comparative Analysis ◽  
Interest Rates ◽  
Civil Law ◽  
Developed Countries ◽  
Legal Regulation ◽  
Comparative Characteristic ◽  
The European Union ◽  
Legal Nature ◽  
Credit Agreement

The relevance of the study is due to the fact that there is a growing need to study civil law and its practice in Ukraine and the most economically developed countries of the European Union. The purpose of the study is to conduct a comparative analysis of the legal regulation of interest rates under the loan agreement, with the participation of the entity, in the civil legislation of Ukraine and Germany, in order to identify similar features, differences, deficiencies in their legal regulation, and identify possible areas for improvement of the rules of civil law of Ukraine. The article investigates the legal nature of interest rates in credit relations, legal regulation of types of interest rates, bases of accrual of interest on a loan, restriction of freedom to set the amount of interest rate on a loan agreement, the order of payment of interest on a loan, etc. In the course of the research, similar features and differences in the legal regulation of interest rates in the credit agreement in the legislation of Ukraine and Germany were identified, deficiencies and possible directions of improvement of the civil legislation of Ukraine in the specified field were identified.

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.

Some aspects of legal regulation in international law: human rights protection issues

2020 ◽  
pp. 479-495
Author(s):  
Madiyar N. Umbetov ◽  
Ermek Nurmaganbet ◽  
Kairat T. Bitemirov ◽  
Nursultan B. Kalkashev ◽  
Zhaksylyk R. Yeslamgaliyev
Keyword(s):  
European Union ◽  
Comparative Analysis ◽  
Legal Regulation ◽  
Constitutional Rights ◽  
The European Union ◽  
Commonwealth Of Independent States ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Independent States ◽  
Model Of Practice

The relevance of the topic of the article is confirmed by the tendencies and dy-namics of the internal development of modern democratic states, the need for a comprehensive theoretical and legal study of the effectiveness of the practice of law in the mechanism of ensuring the constitutional rights of citizens. In the context of this, the aim of the article was to carry out a comprehensive comparative analysis of the legal regulation of practice of law in the territories of the Member States of the European Union and the Commonwealth of Independent States. The author's developments and conclusions resulting from scientific and legal research are summarised as follows: international and national law consolidates different approaches to the practice of law; the legal regulation of the process of entering into the profession of lawyer and the subsequent exercise of his lawyer's activity in the territory of the European Union has more detailed elaboration in the context of the realities of modern legal relations in comparison with Commonwealth of Independent States countries; a comparative analysis showed that a model of practice of law, regulated by the legislation of the French Republic, can be considered the most approximate to the idealistic.

scholarly journals A Multi – Speed Europe, and the Peripherality of Poland

e-Finanse ◽  
2019 ◽  
Vol 15 (1) ◽  
pp. 30-44
Author(s):  
Mateusz Mierzejewski ◽  
Karolina Palimąka
Keyword(s):  
European Union ◽  
Business Cycles ◽  
Interest Rates ◽  
Inflation Rate ◽  
Developed Countries ◽  
The European Union ◽  
Short Term ◽  
Macroeconomic Indicators ◽  
Polish Economy

AbstractIn recent years, research on the synchronization of business cycles in economies has been undertaken more than once. This is a desirable phenomenon especially for the European Union. The aim of the article is to verify selected macroeconomic indicators that characterize the economies of countries belonging to the European Union in relation to Poland, thus presenting convergence of dynamic cycles of changes in socio-economic sphere indicators: inflation rate, unemployment rate, short-term interest rates, and GDP. For this purpose, a cross-spectral analysis was used which allows us to show the occurring fluctuations of different lengths, as well as to compare the strength of the relation of changes between selected indicators. According to the conducted analyses, it was noted that the Polish economy (in the perspective of long-term changes) is a determinant of changes for highly developed countries.

Comparative Analysis of Foundations of Legal Regulation of Criminal Liability for Organ Trafficking in the Russian Federation, Kazakhstan, and the European Union

2020 ◽  
Vol 11 (4) ◽  
pp. 1405
Author(s):  
Anna V. SEREBRENNIKOVA ◽  
Tatjana F. MINYASEVA ◽  
Nagima S. KALA ◽  
Alexei A. MALINOVSKY ◽  
Victoria M. MALINOVSKAYA ◽  
...  
Keyword(s):  
European Union ◽  
Comparative Analysis ◽  
Russian Federation ◽  
Criminal Liability ◽  
National Level ◽  
Legal Regulation ◽  
The European Union ◽  
Organ Trafficking ◽  
The Russian Federation ◽  
The Creation

Currently, organ trafficking occupies a leading position among transnational organized criminal groups due to the high demand for illegal services and the relatively low rates of detection of illegal actions by law enforcement agencies. In this context, the purpose of the paper was to conduct a comparative analysis of the foundations of the legal regulation of criminal liability for organ trafficking and trafficking in the Russian Federation, Kazakhstan, and the European Union to form scientifically substantiated conclusions and suggestions for improving existing national legislation. To achieve this purpose, general scientific and special methods were used. The study also uncovers vectors and substantiates the feasibility of implementing EU legislation in the field of organ trafficking and trafficking in the criminal legislation of the Russian Federation and Kazakhstan, predicts the prospects for improving legal regulation on the subject matter and outlined the priority actions of legislative bodies. At the same time, promising areas of research in this matter are the issues of punishability of such acts and the appointment of the appropriate punishment. Furthermore, the creation of a highly regulated transplantation system at the national level was proposed, which is to be managed by a national transplantation authority with broad oversight powers. The creation of such a centralised competent authority will ensure the implementation of the scope of measures that would effectively reduce the risk of organ trafficking and trafficking and protect potential victims.

scholarly journals LEGISLATIVE PROBLEM OF EXCLUDING A PARTNER FROM THE COMPANY ON THE EXAMPLE OF GEORGIA (COMPARATIVE ANALYSIS)

2021 ◽  
Author(s):  
Ketevan Kokrashvili ◽  
Lasha Gorgadze
Keyword(s):  
European Union ◽  
Comparative Analysis ◽  
General Meeting ◽  
Case Law ◽  
Legal Regulation ◽  
Corporate Law ◽  
Court Decision ◽  
Controversial Issues ◽  
The European Union ◽  
Association Agreement

The issue of excluding a partner (removing a partner) from the company is one of the most important, very sensitive and controversial issues in corporate law. The legislation of different countries regulates this issue in different ways, but it is important that most countries, together with the decision of the General Meeting of Partners, to exclude a partner, require a relevant court decision that has entered into legal force. On the basis of a comparative analysis, the presented article discusses the possible reasons for the exclusion of a partner and the issues of legal regulation of the exclusion procedure. The fiduciary duties of a partner are analyzed as one of the important reasons for the exclusion of a partner from the company. Special attention is paid to legislative gaps and to the heterogeneity of the case law of Georgia in connection with the exclusion of a partner from the company. However, the article discusses the shortcomings of the new draft law of Georgia on Entrepreneurs, it is worth mentioning that the draft law was developed on the basis of the Association Agreement between Georgia and the European Union. Under this agreement, Georgia undertook an obligation to integrate Georgian corporate law into EU corporate law, in addition, in our opinion, the positions presented in the article will significantly develop and improve such an important institution of corporate law as the exclusion of a partner from the company.

scholarly journals A Study Of The Agriculture Of Poland And Romania In Post-Communist Period

2016 ◽  
Vol 12 (10) ◽  
pp. 470
Author(s):  
Laurentiu Ivanov
Keyword(s):  
European Union ◽  
Comparative Analysis ◽  
Economic Recession ◽  
Developed Countries ◽  
Historical Evolution ◽  
Economic Evolution ◽  
The European Union ◽  
Dependency Theory ◽  
Economic Developments ◽  
European Economies

In terms of size of territory and population, Poland and Romania are the largest former socialist countries, now, members of the European Union. In the last 25 years of transition to a market economy, Poland has excellent managed its natural potential and is, now, an economic model for other former socialist countries, including Romania. Poland has not experienced economic recession; its positive economic evolution was completely different from the evolution of the largest European economies, many of them facing distressful situations for long periods of time. The question to be addressed in this paper is: „How could we explain the present success of Polish agriculture? Could the present economic realities be partially influenced by the historical evolution of a country? “ In an attempt to provide an answer to this question, the present paper will highlight the economic developments in Romania and Poland in relation to developed countries for the last about 100 years in terms of “path dependency theory” and will conduct a comparative analysis between the two countries.

scholarly journals Protection of Property Rights to Property Acquired Family Unions under Legislation of Ukraine and States of the European Union

2021 ◽  
pp. 55-63
Author(s):  
Roman HAVRIK
Keyword(s):  
European Union ◽  
Civil Rights ◽  
Property Rights ◽  
Family Law ◽  
Civil Law ◽  
Legal Regulation ◽  
Property Right ◽  
Scientific Article ◽  
The European Union ◽  
Registered Partnership

In the scientific article, the author explores the peculiarities of legal regulation of protection of property rights to property acquired in marriage by spouses, in actual, religious marriage, other family unions by its members under the civil and family law of Ukraine and some European Union states. In particular, the author determined that in Ukraine and the leading states of the European Union legal regulation of the main methods and forms of protection of property rights is carried out in accordance with the general provisions of civil law with certain features to protect the property of spouses and family unions, illegal behaviour of one of the spouses. In this aspect, there is a dualism in the legal regulation of these issues regarding the protection of property rights of spouses: in legal relations with third parties are subject to general methods of protection, in legal relations between spouses — methods defined by family law. The protection of property rights of de facto spouses, spouses in a church marriage and partners in a registered partnership has a different legal nature in the European Union: some of them do not recognize these family unions and protection of property acquired in these unions is governed by general rules; the other part of the states recognizes features in protection of the property right to the property acquired in the specified family unions, fully or partially equating them on these parameters to protection of the property right to property of spouses. In particular, French civil law lays down a special procedure for the protection of spouses’ property rights and the extension to civil partners (including de facto spouses) of the general provisions of civil law on the protection of their property rights. The German Civil Code does not recognize the legal consequences of actual marital relations, as well as church marriages, and civil partnerships concluded before 2017 (the time of recognition of same-sex marriages) in terms of protection of property rights and obligations equates to a registered marriage. Czech civil law defines the same ways of protecting the property of spouses and civil partners, and the protection of property rights acquired by de facto spouses is regulated on a general basis in accordance with the provisions on joint property and the protection of civil rights. Latvian civil law recognizes the possibility of protecting only the right of ownership of property acquired in a registered marriage, without recognizing other family unions.

Euratom and Brexit: Could the United Kingdom Maintain One Foot in the European Union? Current Scenarios and Future Prospects of British withdrawal from the EAEC

2018 ◽  
Vol 18 (2) ◽  
pp. 134-151
Author(s):  
Andrea Circolo ◽  
Ondrej Hamuľák
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Independent Solution ◽  
Legal Regulation ◽  
The European Union ◽  
The United Kingdom ◽  
The Status ◽  
Long Time ◽  
Energy Community ◽  
The Impact

Abstract The paper focuses on the very topical issue of conclusion of the membership of the State, namely the United Kingdom, in European integration structures. The ques­tion of termination of membership in European Communities and European Union has not been tackled for a long time in the sources of European law. With the adop­tion of the Treaty of Lisbon (2009), the institute of 'unilateral' withdrawal was intro­duced. It´s worth to say that exit clause was intended as symbolic in its nature, in fact underlining the status of Member States as sovereign entities. That is why this institute is very general and the legal regulation of the exercise of withdrawal contains many gaps. One of them is a question of absolute or relative nature of exiting from integration structures. Today’s “exit clause” (Art. 50 of Treaty on European Union) regulates only the termination of membership in the European Union and is silent on the impact of such a step on membership in the European Atomic Energy Community. The presented paper offers an analysis of different variations of the interpretation and solution of the problem. It´s based on the independent solution thesis and therefore rejects an automa­tism approach. The paper and topic is important and original especially because in the multitude of scholarly writings devoted to Brexit questions, vast majority of them deals with institutional questions, the interpretation of Art. 50 of Treaty on European Union; the constitutional matters at national UK level; future relation between EU and UK and political bargaining behind such as all that. The question of impact on withdrawal on Euratom membership is somehow underrepresented. Present paper attempts to fill this gap and accelerate the scholarly debate on this matter globally, because all consequences of Brexit already have and will definitely give rise to more world-wide effects.

STUDY OF MOVEMENTS MOBILITY-IMPAIRED POPULATION GROUPS IN PEDESTRIAN ZONES OF THE STREET-ROAD NETWORK (in the example of city of Kiev)

2017 ◽  
Author(s):  
Oleksandra Cherednichenko ◽  
Keyword(s):  
European Union ◽  
Comparative Analysis ◽  
Road Network ◽  
Actual State ◽  
The European Union ◽  
Regulatory Requirements ◽  
Population Groups ◽  
The Road ◽  
Mobility Impaired

The results of the study of the main elements of unobstructed space are presented and the compliance of the actual state with the regulatory requirements of measures to ensure a safe, comfortable, accessible and informative pedestrian zone of the road network is analyzed. A comparative analysis of the main regulatory requirements for access ramps on the legislation of Ukraine and the European Union is carried out.

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