scholarly journals Legal Aspects of Corporate Management in the Context of International Law Rules

2020 ◽  
Vol 11 (4) ◽  
pp. 1416
Author(s):  
Yurii S. SHEMSHUCHENKO ◽  
Anatoliy V. KOSTRUBA
Keyword(s):  
Corporate Governance ◽  
International Law ◽  
Legal Aspects ◽  
Point Of View ◽  
Corporate Management ◽  
Legal Norms ◽  
Legal Standards ◽  
Common Criteria ◽  
Corporate Activity ◽  
Foreign Countries

This study sets the task of studying the legal aspects of corporate governance in the context of existing international law. Consideration of issues related to the legal aspects of corporate governance is of great importance for the development of common criteria for evaluating their activities from the point of view of existing legal norms. The development of ever new forms of public organizations and the need to develop legislative norms to regulate their activities only emphasizes the importance of the issue under study. The relevance of this problem is of particular importance in light of the fact that to date, the laws of most countries have not yet developed clear criteria governing the corporate activity. This fact leads to difficulties in studying this issue and the high probability of misunderstanding in matters of corporate activity and corporate governance features, not to mention giving this activity a proper assessment from the standpoint of the norms of current legislation. This study sets the task of studying the fundamental legal rules regulating the corporate governance of Ukraine and foreign countries with the identification of the similarities and differences of existing legal standards. The method of comparative analysis of works of domestic and foreign researchers in the framework of the subject under consideration was selected. The applied value of this material is to identify the main criteria for the compliance of the current aspects of corporate governance with international law with a view to the subsequent application of the results in practice. The research prospects in this direction from a legal point of view consist in comparing the current legislative acts regulating international law with regard to corporate governance issues, which opens up great opportunities for analysis of all the provisions of corporate governance and bringing them into line with the norms of existing international law.  

scholarly journals Customary International Rules in Contemporary International Law // Međunarodna običajna pravila u savremenom međunarodnom pravu

2019 ◽  
Vol 9 (9) ◽  
pp. 136
Author(s):  
Duško Glodić
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal Framework ◽  
International Community ◽  
Point Of View ◽  
Customary International Law ◽  
Practical Point ◽  
Legal Norms ◽  
State Practice ◽  
The Creation

This article explores the role and importance accorded to customary international law in contemporary international law. First of all, the author has explored a number of issues related to this topic. Particluarly, the manner in which norms of customary international law are being established through the relevant State practice and the formation of opinio juris, as well as how the changes in contemporary international relations generated some chages in custromary international law were examined from both theretical and practical point of view. Than, the article elaborated, in a more concrete manner, different ways of impact of changes in international relations and subjects of international law to the formation of customary international rules. It has also paid attention to the evolution in international law and its reflection to the creation of international legal norms, including customary rules. The article concluded that, despite an ever increasing number of treaties, customary rules are still present in international law and are important for regulation of international relations, thus ensuring that dynamics and developments within the international community are followed by the development of legal framework.

Some Legal Aspects of the Struggle for the Rights of Jews in the Soviet Union

1974 ◽  
Vol 9 (4) ◽  
pp. 588-593
Author(s):  
Meir Rosenne
Keyword(s):  
Soviet Union ◽  
International Law ◽  
Legal Aspects ◽  
Point Of View ◽  
Sovereign State ◽  
Soviet Jews ◽  
The Soviet Union ◽  
International Obligation ◽  
Public Protest ◽  
Domestic Affairs

The problem of the Jews in the Soviet Union is one of the most important issues that dominates our life today. It is not my intention to deal with the numerous aspects of this problem nor to describe the history of the struggle of Soviet Jewry. I shall deal only with some of the legal considerations concerning this issue and more specifically with four of them:1. Is Israel entitled, from the point of view of International Law, to raise the issue of Soviet Jews in International Organizations in general? Is it not a violation of the Charter of the U.N. and an intervention in the domestic affairs of a Sovereign State?2. Does public protest help in the defence of the rights of the Jews in the Soviet Union?3. Does the Soviet Union violate Soviet law or any international obligation in discriminating against Soviet Jews?4. According to International Law, is Israel entitled to grant Israeli nationality to Jews living in the Soviet Union?

ANALYSIS RESEARCHES ON DEVELOPMENT OF PUBLIC MANAGEMENT IN UKRAINE WITHIN THE SYSTEM OF INTERNATIONAL AND LEGAL STANDARDS

2018 ◽  
Vol 1 (11) ◽  
pp. 48-62
Author(s):  
Iryna Vasylivna Al-Atti
Keyword(s):  
Public Administration ◽  
Social Life ◽  
Public Management ◽  
Legal Aspect ◽  
Legal Aspects ◽  
Legal Norms ◽  
Legal Standards ◽  
Democratic State ◽  
State Governance ◽  
Social Management

Fundamentally new approaches to public management in interna- tional and legal aspect which are highlighted in scientific researchers have been defined in the article. Importance of every catalyst-reasons offered by the re- searches, amendments in fundamentals of public management as affected by the international law have been analyzed. Scientific researches, in the context of inno- vations in the sphere of public management with due regard for international and legal aspects, have been analyzed. Classification of reforms based on the principle of readiness of the Ukrainian management system for the amendments offered by the scientists has been carried out. The conclusion is made that the Ukrainian state should implement new management standards more efficiently, and it refers not only to modernization of the political sphere but also to the balanced develop- ment of administrative, economic, social, spiritual spheres of social life. It is deter- mined that today the scientific aspects of the supranational dimension in modern social management have remained beyond the attention of the scientists. Due to the study of the peculiarities of the European experience in the organization of democratic state governance and the systemic characteristics of the development of integration processes, the following directions of improvement of public ad- ministration as part of the process of building a democratic society in Ukraine are identified: 1) strengthening of the influence of the European administrative space on the system of public administration in Ukraine; 2) optimization of pub- lic administration in accordance with criteria of EU membership, humanization and systematization of public administration. It is these directions that can serve as the subject of individual scientific studies, taking into account the adaptation of foreign experience to national conditions. It is substantiated that in the pre- sent moment in Ukraine the main possibility of mutual exchange of experience in the field of public administration is carried out with the help of international cooperation. Therefore, it is precisely on the basis of the analysis of both foreign and domestic scientific research that it is possible to develop, design, and identify the main stages of the development of public administration in Ukraine, taking into account the main and important international legal norms, traditions and principles.

scholarly journals The legal status of indigenous peoples: past, present and future The legal status of indigenous peoples in Russia and foreign countries / ed. by A.V.ºMaly, S.V. Bukhmin, R. Sh. Garipova

2021 ◽  
pp. 260
Author(s):  
Alexey M. Osavelyuk
Keyword(s):  
International Law ◽  
Indigenous Peoples ◽  
Legal Status ◽  
Point Of View ◽  
National Legislation ◽  
Foreign Countries

The paper presents an analysis of the constitutional and legal status of indigenous small-numbered peoples and its features in Russia and foreign countries. Special attention is paid to the analysis of sources of international law and national legislation on this issue. The author's point of view on this problem is formulated.

scholarly journals Human Rights and International Standards: Correlation between National and International Legislation

2019 ◽  
pp. 358-366
Author(s):  
Tetiana IHNATENKO
Keyword(s):  
Human Rights ◽  
National Identity ◽  
International Law ◽  
International Standards ◽  
National Legislation ◽  
Legal Norms ◽  
Legal Standards ◽  
Protection Of Human Rights ◽  
The Relationship ◽  
Determining Factor

The article examines the problem of protection of human rights in national and international law, which is the most important feature of civil society. Taking into account the importance of the area under study, as well as the importance of a clear settlement of relations regarding the observance of human rights in all spheres of life, the question of the relationship between the norms of national and international legislation in this area is acute. The purpose of the study is to determine the priorities between national and international legislation, as well as to establish the compliance of domestic norms designed to protect human rights with international legal standards. It has been established that the Constitution consolidates the priority of international instruments over national legislation that clearly defines the relationship and interaction of internationally recognized standards and principles with the relevant provisions of the current legislation of Ukraine in the sphere of protection of human rights and fundamental freedoms. This ensures that the participating countries comply with both their home-constitutions and international legal acts. Moreover, the level of global security depends on the level of correlation between the policies of individual states and the provisions of international legal norms. But the standards and principles of international law and international agreements of Ukraine may not be above the constitutional and are a part of the national system of law, which is based on the Constitution of Ukraine. In addition, international standards should not be perceived as immutable, since it may lead to a partial loss of the national identity of the legal system. Therefore, the perception of these international standards should take into account the traditions and specifics of the national legal system. The Constitution of Ukraine shall be a guarantor of preserving national identity in the process of implementation or reception of international standards. It is determined that international legal standards are the determining factor that determines the level of correlation of national legislation with the relevant international legal norms. International legal standards have been defined as the determining factor that reveals the correlation level of national legislation with relevant international legal norms.

scholarly journals International Quasi-Constitutionalism and Corporate Citizenship: Language, Troubles, Dilemmas

2017 ◽  
Vol 22 (43) ◽  
pp. 13
Author(s):  
Grahame Thompson
Keyword(s):  
Corporate Governance ◽  
International Law ◽  
Corporate Citizenship ◽  
International System ◽  
Point Of View ◽  
Global Corporate Citizenship

Why are companies increasingly adopting the language of ‘citizenship’ to describe themselves? This is the issue taken up in this article. It is suggested the claims and forms of address in respect to ‘global corporate citizenship’ are part of wider governance moves in the international system, associated with a certain constitutional terminology and moves to progressively juridicalize the international arena. The article explores the forms of these moves as regards company activity in particular, and illustrates the difficult consequences of the processes being described from the point of view of traditional international law and corporate governance.

scholarly journals AWARENESS AS A MANDATORY FEATURE OF CONSENT TO HUMAN GENOME RESEARCHES (TREATMENT, DIAGNOSTICS) (IN TERMS OF THE PROPER PROTECTION OF HUMAN RIGHTS AND FREEDOMS)

2020 ◽  
Vol 16 (2) ◽  
pp. 81-98
Author(s):  
Юрий Поваров
Keyword(s):  
Informed Consent ◽  
Human Genome ◽  
Relevant Information ◽  
Legal Aspects ◽  
Private Life ◽  
Point Of View ◽  
Third Party ◽  
Dialectical Logic ◽  
Legal Norms ◽  
The Individual

One of the key factors in assessing the coordination of the third-party interference in a citizen’s private life (including when implementing activities related to the human genome) is his awareness of the actual and (or) legal aspects of such interference; however, many aspects of relevant information procedures remain blank or debatable. Aim: to identify the causes and significance (first of all, from the point of view of observing the principle of respect for the individual) of entrenchment in international legal acts and Russian legislation the requirement of informed consent of the subject; analysis of approaches to determining the content and volume of information provided, as well as to interpreting the provision on reporting data in an accessible form; studying the specifics of informing in extraordinary situations (refusal to receive information, etc.). Methods: general theoretical methods of formal and dialectical logic; private scientific methods such as comparative legal, legal dogmatic, the method of interpreting legal norms. Results: it is established that the main factors for introducing the sign of informed consent are the nature of the protected goods and the qualification of the citizen as a weak (vulnerable) side; the appropriateness of using the categories of “necessity” and “sufficiency” is justified in determining the completeness of the disclosed information; a close relationship between the signs of awareness and voluntariness of consent is disclosed, which, however, does not cancel their autonomy.

scholarly journals Foreign and Russian Studies of Share Buyback Practices: A View from the Corporate Governance Perspective

2020 ◽  
Vol 10 (4) ◽  
pp. 37-51
Author(s):  
I. N. Tkachenko ◽  
B. S. Bataeva
Keyword(s):  
Corporate Governance ◽  
Negative Impact ◽  
Point Of View ◽  
Future Research ◽  
The Public ◽  
Foreign Countries ◽  
Effectiveness And Efficiency ◽  
Russian Stock Market ◽  
Corporate Governance Quality ◽  
The Impact

The paper discusses the mechanism of shares buyback and its implementation in foreign countries and in Russia. The publication purpose is to study the practice of buybacks in the aspect of corporate governance, satisfaction of stakeholders interests being in the new economic realities by the impact of sanctions and the COVID-19 pandemic. The authors use the method of content analysis of publications by Russian and foreign researchers based on Google Scholar since 1990 to 2020, considering buyback programs in relation to corporate governance and influence on stakeholders. Also, the authors analyze the state of the Russian stock market by capitalization, by the number of issuers of shares on the MICEX-RTS from 2013 to 2020. There are analyzed programs for repurchase of shares of Russian companies for the period 2018–2020. There have been put forward and tested three hypotheses related to the impact of sanctions and the coronavirus pandemic on the policy of implementing buyback deals by the companies. The “share buyback” is usually considered to a greater extent from the point of view of corporate finance in the Russian business field, outside the context of corporate governance and even more so outside of relations with stakeholders. There is a dominant approach to buybacks from the point of view of shareholders rather than from the point of view of stakeholders in Russian business practice. There is no discussion about the negative impact of buybacks on their interests in the public opinion and in the expert environment, due to the relative weakness of the positions of Russian stakeholders. The future research may focus on assessing the impact of share buyback programs on the risks system and benefits for financial and non-financial stakeholders. Also, there should be emphasized on studying the impact of share buybacks on the corporate governance quality and on studying their impact on top management remuneration, being assessed the effectiveness and efficiency of programs buybacks.

Corporate Regulation on the Plane of Political Regime: Theoretical and Legal Aspects

2021 ◽  
Author(s):  
M.G. Tirskikh ◽  
◽  
G.V. Druzhinin ◽  
I.M. Siliveev ◽  
◽  
...  
Keyword(s):  
Mutual Influence ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Point Of View ◽  
Political Regime ◽  
The Political ◽  
Political Regimes ◽  
Legal Norms ◽  
Public Corporations ◽  
Liberal Democratic

The article examines the problems of corporate regulation and political regime mutual influence, and describes the role and place of corporate regulation in the system of social and normative regulation. The corporate law structure is described as a set of corporate and legal norms from the point of view of narrow and broad approaches. Some features of corporate regulation in liberal, democratic, totalitarian and authoritarian regimes are analyzed. It is noted that a democratic political regime is characterized by a variety of corporate structures of a commercial and political nature, the predominance of the dispositive nature of the corporations’ activities legal regulation, and the admissibility of political and public corporations’ broad participation in government. The authors note that in a liberal political regime, there is a high degree of commercial corporations’ autonomy, while limiting the political and social corporations’ activities. The author reveals a variety of approaches to the manifestation of corporate regulation in authoritarian political regimes. It is described that in a totalitarian political regime, corporations actually become a part of the state mechanism, and corporate regulation is actually replaced by direct or delegated regulation of individual executive bodies. It is concluded that there is a connection between the nature of corporate regulation and the political regime of the respective state. It is established that the influence is mutual and stable and is determined both by the properties of certain types of political regimes and by the specifics of national systems of corporate regulation.

Brain Banking – Bioethical Implications

2021 ◽  
Vol 66 (Special Issue) ◽  
pp. 68-68
Author(s):  
Ioana Diaconescu ◽  
◽  
Sorin Hostiuc ◽  
George Cristian Curca ◽  
◽  
...  
Keyword(s):  
Informed Consent ◽  
Neurodegenerative Diseases ◽  
Research Participant ◽  
Legal Aspects ◽  
Research Field ◽  
Point Of View ◽  
Brain Banking ◽  
Legal Norms ◽  
Brain Material ◽  
Processing And Storage

"Novel biotechnologies like brain banking pose a challenge in neurodegenerative diseases research, being not only a step towards a better understanding for these diseases, but also from a bioethical point of view. Brain banks collect tissue for research purposes from deceased persons suffering from neurodegenerative diseases such as Parkinson’s or Alzheimes’s disease. In order to improve the quality in this research field, confidentiality and a detailed informed consent are aspects that should be emphasized. Moreover, given the fact that the brain collecting takes place during an autopsy, legal aspects also play an important role, hence a legal frame is also needed. The role of the deceased’s family should also be taken into account, especially when and how they can decide if the autopsy can be performed in the first place. The research participant should sign a detailed informed consent that must remain the research basis to which extent the collected data should be disclosed. Finally, only a framework of bioethical and legal norms can improve the quality of brain banking research. A comprehensive perspective for brain banking from obtaining, processing, and storage of brain material to bioethical and legal aspects should increase the scarce sapling of brain banking. "

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