scholarly journals Non-Entrepreneurial Legal Entity: The Theoretical And Legal Analysis Of The Concept And Characteristics

2019 ◽  
pp. 22-33
Author(s):  
O.I. Zozuliak
Keyword(s):  
Social Life ◽  
Scientific Work ◽  
Legal Analysis ◽  
Legal Entity ◽  
Legal Model ◽  
Level 3 ◽  
Business Entities ◽  
Legal Forms ◽  
Definition Of ◽  
Legal Entities

The article is devoted to the theoretical and legal analysis of issues related to the range of problems connected with development of such legal model as ‘nonentrepreneurial legal entity’. In the scientific work the author makes an analysis of those concepts which are submitted by the leading Ukrainian scholars and concern the formation of civil-law terminology in general and that is applied to the nonentrepreneurial legal entities, in particular. The author has concluded that it is expedient to apply the set of criteria during formation of the non-entrepreneurial legal entity. The article gives the definition of non-entrepreneurial legal entity in the narrow and broad meanings. It is proved that a non-business entity should be singled out as a separate category according to the non-distribution of profit (income) rather than to the specifics of its business activity. The author demonstrates the feasibility to change classification criteria and levels while classifying the legal entities and on the mentioned ground she has singled out: 1) procedure for establishment of the legal entity; 2) structure of the legal entity as a criterion of the second classification level; 3) specific character of the profit distribution as a criterion of the third level of classification. It is based on the argument that non-business entities are an independent group of the legal entities, which is divided into subgroups: the non-business entities of corporate type and the non-business entities of unitary type. Each subgroup of the non-business legal entity distinguishes several legal forms within of which specific types of non-business entities are allocated. The author presents one’s own definition of the non-entrepreneurial legal entity, as a legal entity of public or private law, whether of corporate or unitary type, which is specially established in the different areas of social life and endowed with a special legal capacity. The non-entrepreneurial legal entity shall be entitled to carry out activities with a view to profit but it doesn’t distribute it among participants (members).

Organizational-Legal Forms of Economical Activity: System and New Regulation

2016 ◽  
Vol 4 (1) ◽  
pp. 0-0
Author(s):  
Владимира Долинская ◽  
Vladimira Dolinskaya
Keyword(s):  
Legal Form ◽  
Legal Entity ◽  
Legal Personality ◽  
Legal Control ◽  
Income Generating Activities ◽  
Legal Forms ◽  
Definition Of ◽  
Economical Activity ◽  
Comparative Description ◽  
Legal Entities

The presence of collective and of individual and collective types of economical activity. The collective economical activity is based on contractual and charter principles. The definition of organizational-legal form of economical activity has been suggested. The expansion of organizational and legal forms of economical activity has been described. The comparative description of an individual person and legal entity have been given. The legal personality of a legal entity has been considered in terms of applied additional requirements — optional as well as special ones. The revealed meaning of legal classifications of legal entities shows that the efficiency of economical activity management does not depend on the mentioned classification. 2 types of economic activity of legal entities have been identified: business activity — commercial legal entities and income generating activities — non-commercial legal entities. The property basis of non-commercial entities engaged into profit generating activity was taken into consideration; it’s been noted that the size of such activity evolves special requirements. The main problems of legal control over profit generating activity have been formulated. The “commercialization” of the legal entities activities has been proved. The need of legalization of other legal personalities in addition to juridical persons has been justified.

scholarly journals The Development of the Legal Position of Legal Entities in Russian Criminal Proceedings

2021 ◽  
Vol 2 ◽  
pp. 48-53
Author(s):  
Galina I. Sedova ◽  
◽  
Yulia V. Drazhevskaya ◽  
Keyword(s):  
Historical Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Legal Entity ◽  
State Register ◽  
Procedure Code ◽  
Legal Position ◽  
The Russian Federation ◽  
Definition Of ◽  
Legal Entities

The current Criminal Procedure Code of the Russian Federation, while securing the opportunity for a legal entity to participate in criminal proceedings, does not establish which organizations are to be understood as a “legal entity”. In this regard, this concept in the criminal process is often identified with the civil-legal definition of a legal entity, leaving behind its framework organizations that are not subject to registration in the Unified State Register of Legal Entities. Meanwhile, historical analysis indicates that legal entities were participants in criminal procedural relations long before the concept of “legal entity” was consolidated in civil legislation, as well as the establishment of the procedure for their registration. At the same time, starting from the XI century, the possibility of participation of legal entities in the criminal process was determined by criteria that have not lost their relevance at the present time.

scholarly journals DEVELOPMENT OF SALARY CARDS IN THE SYSTEM OF CASHLESS PAYMENTS IN CONDITIONS OF FINANCIAL INSTABILITY ON THE EXAMPLE OF SBERBANK OF RUSSIA

2020 ◽  
pp. 135-144
Author(s):  
K. V. Ekimova ◽  
S. S. Galasova ◽  
V. V. Manuylenko
Keyword(s):  
Point Of View ◽  
Financial Instability ◽  
Accounts Receivable ◽  
Banking Service ◽  
Accounts Payable ◽  
Business Entities ◽  
Definition Of ◽  
Regional Banks ◽  
Legal Entities ◽  
New View

The need to develop Bank salary cards in the system of non-cash payments in the conditions of financial instability caused by the Covid-19 pandemic has been substantiated in the study. For the formation of a new view on the application of the Bank payroll cards economic substance “of the modern Bank salary card” based on technologies of contactless payments has been expanded, the advantages of using salary cards for banks and clients – legal entities and individuals have been defined, the best experience of Sberbank of Russia on the use of Bank salary cards from the point of view of its extrapolation to regional banks, taking into account their specifics has been studied. As a result, the main directions for the development of salary projects have been proposed, including the definition of incentive provisions for their application, ensuring security, confidence in salary projects and contactless payment, regulating the risk of occurrence of accounts payable and accounts receivable between business entities, the need to modernize individual banking service, formation of innovative salary cards.

scholarly journals PECULIARITIES OF ALIENATION OF LEGAL ENTITY’S PROPERTY DURING BANKRUPTCY PROCEEDINGS/ COMPARATIVE LEGAL ANALYSIS OF THE SPECIAL LEGISLATION OF UKRAINE AND THE RUSSIAN FEDERATION

2021 ◽  
Vol 6 (44) ◽  
Author(s):  
Ie. Ryzhkova ◽  
I. Lykina ◽  
O. Karlyugin
Keyword(s):  
Russian Federation ◽  
Legal Analysis ◽  
Federal Law ◽  
Legal Entity ◽  
Financial Difficulties ◽  
Procedure Code ◽  
Bankruptcy Procedure ◽  
The Russian Federation ◽  
Legal Entities

Business bankruptcy is a widely used tool for solving a company’s financial difficulties and is used by many business representatives worldwide. This article reveals the bankruptcy concept, gives its characteristics, analyzes the procedure for alienating the property of bankrupts of legal entities, and formulates a conclusion on the article’s subject. At the end of 2019, the Code on Bankruptcy Procedures entered into force in Ukraine. The novelties of the bankruptcy procedure in the Russian Federation have been in power for four years, since October 2015. Undoubtedly, the neighboring country's experience was taken into account by Ukrainian legislators. Therefore, we decided to compare the conditions of bankruptcy and the peculiarities of alienation of the legal entity’s property during the period of bankruptcy proceedings under the laws of the Russian Federation and Ukraine.Keywords: bankruptcy, bankruptcy procedure, Code of Ukraine on Bankruptcy Procedures, creditors, debtor, bankrupt, bankruptcy of a legal entity, property, federal law.

scholarly journals CRIMINAL LIABILITY OF LEGAL ENTITIES IN THE CZECH REPUBLIC

2019 ◽  
Vol 3 ◽  
pp. 74-80
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Keyword(s):  
Czech Republic ◽  
Mass Media ◽  
Criminal Liability ◽  
The Czech Republic ◽  
Legal Entity ◽  
Specific Object ◽  
Definition Of ◽  
Legal Entities

The article is devoted to the issues of legislative establishment of criminal liability of legal entities in the Czech Republic including definition of a legal entity as a subject of crime and criminal liability, conditions under which a crime is considered committed by a legal entity. Special attention is paid to an analysis of the special comprehensive Law of December 6, 2011, On Criminal Liability of Legal Entities and Procedural Actions in Respect Thereof and criminal punishments stipulated by this law for legal entities including: cancellation of registration (liquidation) of a legal entity; property seizure; money fine; seizure of a specific object; prohibition of activities; prohibition of participation in state contracts, non-admission to concession procedures and state procurements; prohibition of receipt of any government allowance or subsidy; judgment publication in state mass media. Injunctive remedies taken in respect of legal entities are reviewed.

scholarly journals Affiliation of legal entities: reality and prospects

2019 ◽  
Vol 2019 (3) ◽  
pp. 83-88
Author(s):  
Сергей Тычинин ◽  
Sergey Tychinin ◽  
Олег Скопенко ◽  
Oleg Skopenko
Keyword(s):  
Russian Federation ◽  
Conflicts Of Interest ◽  
Legal Regulation ◽  
Federal Law ◽  
Legal Entity ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
The Russian Federation ◽  
Definition Of ◽  
Legal Entities

The relevance of the study of the problem of affiliation of legal entities is determined by the lack of a coherent legal mechanism to ensure the resolution of conflicts of interest between dependent persons. As of today, Russian legislation as a whole does not contain clear provisions regarding the concept of the affiliation of legal entities. Certain laws contain only separate independent concepts, for example, the concept of “affiliation” is used in the Civil Code of the Russian Federation; in the Federal Law «On Competition» - the concept of «group of persons»; in the Tax Code of the Russian Federation - the concept of «interdependent persons». Therefore, the study of the problem of settling relations with affiliates deserves special attention. The objectives of this study are the systematization and analytical study of the legal regulation of the institution of the affiliation of legal entities. In the course of the study, the authors used the following methods: analysis and synthesis, modeling, comparison, analysis of the regulatory framework, synthesis, formal legal method The article examines the issues of legal regulation of the affiliation of a legal entity. The definition of the concept of “affiliation” is given, criteria and signs of affiliation of a legal entity are defined, various scientific approaches to the definition of this category are given, problems of correlation with economic and other types of relations between affiliates are explored. In the course of the study, the authors came to the conclusion that the institution of affiliation in its present form undoubtedly needs to be reformed. It is necessary to develop a unified law, reflecting all the nuances of the concept of “affiliation” and the features of the transactions with affiliated persons.

scholarly journals TELAAH KRITIS STATUS BADAN HUKUM DAN KONSEP DASAR BADAN USAHA MILIK DESA

Arena Hukum ◽  
2020 ◽  
Vol 13 (3) ◽  
pp. 568-588
Author(s):  
Detania Sukarja ◽  
Mahmul Siregar ◽  
Tri Lubis
Keyword(s):  
Legal Aspects ◽  
Private Ownership ◽  
Legal Entity ◽  
Unique Character ◽  
Legal Provisions ◽  
The Status ◽  
Business Entities ◽  
The Village ◽  
Statutory Regulation ◽  
Legal Entities

Law No. 6 of 2014 on Villages (Village Law) appears to construct Village-Owned Enterprise or Badan Usaha Milik Desa (BUM Desa) as a new form of business entity within the Indonesian legal sphere. BUM Desa is considered to be different from other variants of business entities in Indonesia. There are multiple interpretations regarding the status of BUM Desa, debating whether they are legal entities or not. This normative legal research discusses the legal aspects of BUM Desa following the promulgation of the Village Law. It concludes that: (1) theoretically BUM Desa meets the criteria as a public legal entity. The issuance of Law No.11 of 2020 on Job Creation confirms the status of BUM Desa as a legal entity; (2) BUM Desa is a public business entity with a unique character to villages different from other forms of business entity with private ownership such as limited companies and cooperatives. However, legal provisions on BUM Desa still contain logical inconsistencies regarding the basic conception of BUM Desa and Law 12/2011 does not yet include Perdes as statutory regulation. The confirmation of the status of BUM Desa legal entities needs to be complemented by synchronization with Law 12/2011 to strengthen the position of Perdes as the legal basis for the establishment of BUM Desa along with various other sectoral regulations

scholarly journals The use of the term compliance in order to improve the efficiency of companies

2021 ◽  
Vol 118 ◽  
pp. 04010
Author(s):  
Ilya Samatovich Iksanov ◽  
Elena Pavlovna Panova ◽  
Natalia Nikolaevna Frolova ◽  
Natalia Yuryevna Filimonova ◽  
Andrey Aleksandrovich Shanin
Keyword(s):  
Economic Activity ◽  
Structural Elements ◽  
State Control ◽  
Compliance Control ◽  
Legal Entity ◽  
Commercial Activities ◽  
Business Entities ◽  
Definition Of

The purposes of the study are: to reveal the meaning of the term “compliance”; to define the use of the term “compliance” in the Russian environment; to determine how the term “compliance” functions in Russian legislation; to find out what different definitions, functions, and scope of use of compliance can be found in the legal field. The article discusses the importance of compliance in various fields: legal, economic, and management. In Russian legislation, the definition of the term “compliance” is not disclosed or applied more locally. Based on the Russian and Western definitions of the concept, this article offers an interpretation of the “compliance” definition. The article analyzes compliance procedures that should not only monitor compliance with current legislation, but also act as a risk-oriented model and take into account factors that affect the implementation of any type of economic activity. In order to reduce possible business risks and comply with legislation on the part of organizations, and to address the issue of responsibility of entrepreneurs on the part of state control and Supervisory authorities, it is necessary to implement a compliance system. The main principles for implementing compliance control are also highlighted. Compliance control should apply not only to a legal entity and its structural elements, but also to a group of individuals. The implementation of compliance control is important not only for business entities, but also for state control and Supervisory organizations, since compliance control allows you to determine the integrity of a business in carrying out its commercial activities, and is also a mitigating circumstance in determining responsibility and punishment.

scholarly journals Pengaturan Bentuk Usaha Penanaman Modal Asing di Indonesia

2021 ◽  
Vol 2 (1) ◽  
pp. 179-183
Author(s):  
Hamam Febrian Cahaya ◽  
I Nyoman Putu Budiartha ◽  
Putu Ayu Sriasih Wesna
Keyword(s):  
Foreign Investment ◽  
Research Method ◽  
Service Sector ◽  
Limited Liability ◽  
Export Trade ◽  
Legal Entity ◽  
Positive Law ◽  
Business Entities ◽  
Legal Forms ◽  
Article 5

The regulation on the establishment of a foreign investment business entity in the field of export services trade has been promulgated through Law Number 25 of 2007 concerning Investment, as contained in Article 5 paragraph 2 it is determined that the company defined according to the article which applies to everything or the largest discount in Indonesia as a single entity, the company itself is required to have been formed into a legal entity according to Indonesian positive law and domiciled in Indonesia. This study aims to determine the arrangements for the establishment of foreign investment business entities in the export trade service sector, and to determine the policies and legal instruments implemented by the Regional Investment Coordinating Board in improving the foreign investment climate in the export trade sector. The research method used is the normative legal research method. Sources of legal materials used are divided into primary, secondary and tertiary legal materials. The results showed that the regulation on the establishment of a PMA business entity in the field of export services is regulated in the PM Law in Chapter IV Legal Forms, Position and Business Area, as contained in Article 5 paragraph 2, it is stated that the company referred to in foreign investment is obliged to be in the form of a PT on the basis of positive law in Indonesia and is in the territory of the Republic of Indonesia, unless otherwise stipulated by the Law. Legal entities in Indonesia are limited liability companies that have their own fundamentals as stated in Article 1 of the PT Law is a legal entity that stands on an agreement that carries out active business on the basis of assets that have been divided into capital injected by investors and have met all the requirements stipulated in this law and in its implementing regulations.

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