7 Current Trends in the Legal Regulation of Corporate Relations

2020 ◽  
pp. 67-76
10.12737/397 ◽  
2013 ◽  
Vol 1 (1) ◽  
pp. 0-0
Author(s):  
Андрей Богустов ◽  
Andrei Bogustov

The subject of research is the notion and the features of a bond as a subject of the Polish civil law. The aim of research is the exposure of the current trends of legal regulation of bond issue and handling on example of the legislation of Poland. The methodological basis of the research contains the comparative law approach. In the course of investigation the author has come to the conclusion that the legislation of Poland governing the issue and handling of bonds reflects a number of current trends of the development of civil law as following: the differentiation of legal regulation of the securities market, the unacceptance of the universal concept definition of the term «security», the dematerialization of the securities, the approximation of the legal status of a share and a bond, the enhancement of the measures of the corporation’s shareholders and debt holders protection, the approximation and mutual loanword of the common and continental law countries legislation, the extention of the frame of reference of legal civil rights represented with securities.


2021 ◽  
Vol 17 (2) ◽  
pp. 93-100
Author(s):  
Ekaterina V. Avdeeva

The subject of the research is the criminal-legal aspects of the implementation of a fine as a type of criminal punishment. In this regard, an analysis of the materials of judicial practice is carried out, which makes it possible to reveal the current trends in the appointment of a criminal fine by the court. The dynamics of the appointment of a fine by the court as the main and additional punishment has been established. The purpose of the study is to uncover the problems of implementing a criminal fine as a type of punishment and to develop proposals for improving the mechanism for imposing a criminal fine by a court. The methodological basis of the research is formed by a set of general scientific and private scientific methods that predetermined an integrated approach to the study of the purpose of a fine as a type of punishment. In the course of achieving the goal of the study, special legal methods of cognition were used to facilitate the analysis of the legal regulation of the appointment of a fine, the determination of the property status of a person, and other income of the convict. The main results of the study contain conclusions and proposals aimed at improving the measures for the appointment of a fine in relation to minors, for the aggregate of crimes, when replacing a fine in case of malicious evasion from its payment. Conclusions are formulated regarding the methodological, organizational and practical aspects of the legal impact of a fine as a type of punishment aimed at achieving the goals of punishment. The novelty of the research topic lies in the formulation and solution of the problem associated with the appointment of a fine: 1) for the aggregate of crimes; 2) in relation to minors. Conclusions and proposals for improving the criminal law governing the basis and procedure for imposing a criminal fine are formulated.


2021 ◽  
Vol 2 (4) ◽  
pp. 98-113
Author(s):  
Alexander Kornienko ◽  
Nadezhda Neretina

The topic of the article is very relevant, first of all, due to the fact that today the development of the information and telecommunication services market involves almost all areas of people’s life in the field of e-commerce. Until April 2020, it was not possible to purchase a medicinal product online on the territory of the Russian Federation due to the lack of a regulatory legal framework regulating such a mechanism. However, at the moment, the relevant legislation has entered into force, regulating in detail the sale of medicines in a remote format. Taking into account the presented circumstances, it seems to us that the issue of studying new legislative acts in the field of remote sale of medicines on the territory of the Russian Federation is largely being updated. The subject of the article is the mechanism of legal regulation of remote sale of medicines in Russia. The purpose of the study is to identify the problems of legal regulation of the process of remote sale of medicines in the Russian Federation at the present stage. This research is based on a combination of groups of classical general scientific methods (induction, deduction, analysis, synthesis) and a number of special methods of scientific cognition applied directly within the framework of legal science (formal legal, comparative legal and others). Within the framework of the presented article, the authors carried out a conceptual analysis of the features of the legal regulation of the sale of medicines using remote technologies, taking into account the latest changes in legislation. The specifics of remote trade in prescription and over-the-counter drugs, as well as the peculiarities of labeling of medicines on the territory of the Russian Federation, are analyzed. As a result of a comprehensive study of current trends in regulatory regulation and justification of possible methods for improving the systems for issuing electronic prescriptions, as well as mandatory labeling of medicines, a conclusion is made about the possibility of further development of remote trade in medicines in the Russian Federation.


2020 ◽  
Vol 7 (4) ◽  
pp. 45-66
Author(s):  
M. Chudinovskikh ◽  
N. Tonkikh

With the rapid development of digital technologies and globalization, telework is becoming increasingly common. For the BRICS countries, the formation of a modern legal regulation model for telework is of great importance. In drafting legislation, it is essential to take into account economic and cultural factors, as well as the need to ensure gender equality. This article presents an analysis of current trends in telework development in the BRICS countries. Its findings reveal various reasons for a growing need to regulate telework. For Brazil, the issue of ecology plays an important role; for China and India, the possibility of integration into the world economy; in Russia, the focus is still on the procedural issues concerning the conclusion and termination of employment contracts; in South Africa, the issue of ensuring not only gender equality, but also racial equality is acute. The analysis gives the authors grounds to conclude that the BRICS countries are still lagging behind the United States and the European Union in the area of telework labor law, despite its widespread prevalence. The BRICS countries do not yet produce the necessary statistics on the prevalence of telework. Issues relating to BRICS's deepening integration require the development of common approaches to regulating the work of teleworkers. The harmonization of legislation between Russia and China is of particular importance due to the territorial factor.


Lex Russica ◽  
2019 ◽  
pp. 111-120 ◽  
Author(s):  
S. V. Lipen

The Russian Federation has not adopted a law on normative legal acts, in a number of CIS countries similar laws have been in force for almost two decades, and the legal regulation of these relations is constantly being improved. This experience may well be taken into account in domestic studies, including those aimed at scientific support of legislative activity. The last quarter of the century is characterized by digitalization and informatization of the legal system, laws on normative legal acts of the CIS countries can serve as quite good indicators of these processes. They clearly demonstrate the current trends of recording the information capabilities of the Internet, information and reference systems under the law, the use of other computer technologies in legislative process. In a number of countries, there is an experience of active use of electronic document circulation in carrying out examinations, in forecasting the consequences of regulatory legal acts adoption when approving and directing them into a law-making body. The publication of draft normative legal acts on Internet sites and their public discussion using Internet resources is becoming an almost mandatory element of publicity of lawmaking activities. The comparative legal characteristics of the legislation of the CIS countries may well be in demand in the development and discussion of the draft Russian law on normative legal acts.


2019 ◽  
Vol 8 (1) ◽  
pp. 13-17
Author(s):  
Ondrej Beňuš ◽  
Dominika Čeryová

Abstract Renewable energy production is one of key actions undertaken by the EU to lower its dependency on energy imports from third countries. Renewable energy is not competitive compared to fossil fuels at this moment. Under these circumstances, there is a need for an effective legal regulation. The EU has set main targets relating renewable energy use in the directive (EU) 2018/2001. Slovak policymakers have recognized these new targets. The main objective of the paper is to examine the latest changes to the Slovak legal regulation of the renewable energy production with focus on electricity production. We analyse changes made by the amendment of the Act No. 309/2009 Coll. and provide a short explanation of new instruments.


2021 ◽  
pp. 91-97
Author(s):  
Olga Dmytryk ◽  
Kateryna Tokarieva

Problem setting. Nowadays Ukrainian society is in a state of permanent transformation, due to many factors, among which it is possible to designate both European integration and digitalization processes, which currently have a very intense impact on various spheres of life. New ones are accepted, as well as numerous changes to existing regulatory acts governing various kinds of relations. Not an exception are budget relations, which are transformed under the influence of objective and subjective factors. In this swirl of events of particular importance, the problem of quality of those normative changes that are initiated by the subjects of the legislative initiative today becomes a problem. The fact is that the effectiveness of the legal regulation, the effectiveness of its action, the successful implementation of the tasks for which such a normative legal act was created depends on how much normative legal acts or changes to it will be of high quality. A particularly significant problem is the need to ensure the financing of budget expenditures, the fulfillment of budget obligations in crisis conditions. As it is seen, the subjects of the legislative initiative do not have time or do not know how to deeply study the problems posed to the solution, and since then they set incorrect tasks for changing approaches to the modern regulation of budgetary legal relations, the implementation of which is not able to ensure their practical implementation. The purpose of the article is to study modern trends in budgetary and legal regulation in Ukraine. Article’s main body. The presented publication focuses on the study of modern innovations in the field of budgetary and legal regulation. It is emphasized that in the present, the problem of quality of those normative changes initiated by the subjects of the legislative initiative becomes of particular importance. It is emphasized that the introduction of modern technologies in the conditions of digitalization of all spheres of public life, including in the sphere of budgetary and legal regulation, is positive. At the same time, for their effective implementation, it is necessary to systematically approach the solution of this issue and develop proposals for changes and additions in a number of articles of the Budget Code of Ukraine. The authors stated the inappropriacy of expanding the list of articles of certain normative legal acts, whose financing is dependent on the discretion of the Cabinet of Ministers of Ukraine, taking into account the availability of financial resources of state and local budgets and the budget of mandatory state social insurance. Conclusions. Based on the analysis, we conclude that any changes to the legislation, especially in the field of public finance, should be constructive and contribute to the achievement of the goal of their implementation in law enforcement. At the same time, any legislative innovations should be complex and comply with generally accepted rules and standards of rule-making technique.


2021 ◽  
Vol 1 (8) ◽  
pp. 102-110
Author(s):  
L. V. GUSAROVA ◽  
◽  
M. E. KUDRIN ◽  

The article is devoted to the study of the problems of labor rationing in the organization of production in modern conditions. The analysis of regulatory and legal regulation in the studied area is presented. The current trends and the work of international communities in the field of labor rationing are considered. The main task is to study the problems and possible approaches to managing labor rationing in holding structures.


2020 ◽  
Vol 16 (4) ◽  
pp. 184-189
Author(s):  
MARYAM DAVYDOVA ◽  
◽  
TATYANA SADOVSKAYA

The purpose of research. The article discusses some innovations in legislation in the field of tax control for the current year. The article analyzes the process of transformation of the state's control and Supervisory activities in the context of the digital economy development. The purpose of the study is to establish and identify current trends in the field of tax control on the basis of adopted and developed legislative and regulatory acts. Results. As a result of the research, it was concluded that the best practices of tax authorities ' control work formed the basis for innovations in the sphere of state control and supervision. Today, contactless technologies, expanding the scope of digital tax control, and introducing tools for preventive and operational control are promising areas. At the same time, the problem of systematization of norms on tax control remains relevant. It is noted that the legal regulation of innovative forms of tax control is in the process of formation. It is emphasized that the inevitable digitalization of control and Supervisory activities should not lead to violation of the rights, freedoms and legitimate interests of controlled persons.


Sign in / Sign up

Export Citation Format

Share Document