scholarly journals Features Of The Organization And Holding Of The General Meeting Of Participants Of Limited And Additional Liability Companies

2021 ◽  
pp. 55-64
Author(s):  
V.Ye. Sikora
Keyword(s):  
General Meeting ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Current State ◽  
Legal Nature ◽  
The Right ◽  
Relationship Of ◽  
The Relationship ◽  
A Company ◽  
Broad Understanding

The article establishes the current state of legal regulation of corporate relations in the context of the organization and holding of the general meeting of participants of limited and additional liability companies. The legal nature and content of the right to participate in the management of a limited/additional liability company through the prism of comparative legal analysis of the works of modern scientists are studied. Based on the above, it is installed the relationship of a broad understanding of the concept of company management and its components, including those related to the functioning of the general meeting of participants. It is established that the general meeting of participants of a limited/additional liability company plays the most important role in the management of the company. The essence of the right to participate in the general meeting of participants of a limited/additional liability company is clarified and its content is determined. Emphasis is placed on the direct dependence of the right of actual participation of a participant of a limited/additional liability company in the general meeting on the latter’s awareness of the time and place of their holding. The peculiarities of the organization and holding of the general meeting of the participants of the limited/additional liability company are analyzed. The procedure for forming the agenda of the general meeting of participants of a limited/additional liability company is determined. The procedure for notifying the convening and venue of the general meeting is described. The peculiarities of holding a general meeting of participants by a company with one participant are determined. Based on the study, conclusions were made about the overall effectiveness of the mechanisms provided by current legislation, which establish the procedure for organizing and conducting the general meeting of participants of a limited/additional liability company. At the same time, attention is paid to the need to finalize certain provisions of the special Law, taking into account the needs and problems that arise in practice, and in order to consolidate the relevant developments at the legislative and local levels (in the company’s charter).

scholarly journals Legal status of the company's share in own authorized capital under the Law of Ukraine “On limited and additional liability companies”: problems of legal regulation

2021 ◽  
Vol 11/1 (-) ◽  
pp. 31-36
Author(s):  
Volodymyr TSIUPRYK
Keyword(s):  
Legal Status ◽  
Limited Liability ◽  
General Meeting ◽  
Legal Regulation ◽  
Legal Nature ◽  
The Law ◽  
The Right ◽  
A Company ◽  
Authorized Capital ◽  
A Share

Introduction. Nowadays, the issue of determining the legal status of the company's share in the own authorized capital of LLC and TDV has become quite acute, as evidenced by the adoption on July 28, 2021 by the Commercial Court of Cassation in Case № 904/1112/20, in which the Court established a new approach legal nature of such a phenomenon and expressed his own position on the understanding of the legislation concerning the legal status of the share of LLC and TDV in its own authorized capital. Given that a limited liability company is the most popular type of legal entity that is chosen to conduct business in Ukraine, the analysis of this issue is relevant. Some scientific value for the development of the transfer of the participant's share are the works of individual authors devoted to the study of the legal nature of the share in the authorized capital but the problems arising around the legal status of the company. in their own authorized capital in these works were only mentioned along with others, but did not receive a detailed separate study. The purpose of the paper is to analyze the normative regulation of the legal status of the company's share in the own authorized capital of LLCs and ALCs, identification of shortcomings in their legal regulation and implementation, as well as the search for ways to eliminate them. Results. One of the most relevant decisions concerning the subject of this article is the Judgment of the Commercial Court of Cassation in case № 904/1112/20 of July 28, 2021. The court in this case found that the votes attributable to the share belonging to the company itself are not taken into account when determining the results of voting at the general meeting of participants on any issues. However, Ukrainian legislation does not contain any direct norms that would prohibit the exercise of the right to manage a company in relation to itself on the basis of a share in its own authorized capital. That is why the company cannot be a participant in relation to itself, although they seem logical, but do not have sufficient regulatory support, and therefore do not allow to be firmly convinced of their compliance with the law. In view of this, it can be stated that there is a significant gap in the national legislation on this issue, which, in our opinion, the Court failed to “fill” with this decision in the case. Conclusion. In the Ukrainian legislation at the level of the Law of Ukraine “On Limited and Additional Liability Companies” Article 25 defines the possibility for a company to acquire a share in its own authorized capital. However, the regulation of the legal status of such a share cannot be called sufficient, due to which in practice there are certain problems in the implementation of the provisions of the legislation concerning the share of the company in its own authorized capital. The solution of these legal problems is necessary to ensure the highest quality and clarity of the law, as well as to form case law with common approaches to understanding a single rule.

WAIVER OF SUBJECTIVE RIGHT INSTITUTE: LEGAL NATURE AND ACCEPTANCE CRITERIA IN CRIMINAL PROCEEDINGS

2020 ◽  
pp. 42-47
Author(s):  
I. N. Chebotareva ◽  
◽  
O. S. Pashutina ◽  
I. V. Revina ◽  
◽  
...  
Keyword(s):  
Back Analysis ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Scientific Interest ◽  
Criminal Proceedings ◽  
Legal Doctrine ◽  
Legal Nature ◽  
The Look ◽  
Definition Of ◽  
The Right

The nature of a subjective right causes the possibility of a criminal proceedings participant willingly, based on own interests and wishes, both to exercise the right exactly and waive it and not to use the provided procedural possibilities. Within the criminal proceedings, the waiver of the right institute is new, underdeveloped. There is practically no understanding of its subject matter and the extent of its exercise at the level of doctrine and jurisprudence as opposed to the foreign experience and civil legal regulation, which causes definite scientific interest in this topic. The paper carries out the look-back analysis of the definition of the nature of the waiver of the subjective right in Russian legal doctrine. This institute is relatively new and little researched in the Russian doctrine, which determines a particular scientific interest in the study of this issue. The paper provides the authors’ description of the waiver of the subjective right. In respect to the Russian criminal procedural legislation, the authors highlight the necessity to distinguish between the refusal of a right and the refusal to exercise a right by the participants in the criminal procedural activity; analyze the differentiated approach of the legislator on this issue. Based on the theoretical and legal analysis, the authors define that the waiver of the subjective right has definite essential features, forms, and ways of implementation, as well as specify the criteria for its admissibility. The paper proves the conclusion that the waiver of the right within the criminal process is possible under such conditions, as the direct willingness of a subject of criminal law relations to waive a right; the awareness of the existence of a particular procedural right and the consequences of such refusal; the form of a waiver showing its voluntary nature by implementing the intended freedom of choice. The authors expressed the proposals aimed at the improvement of norms of current criminal procedural legislation.

scholarly journals Problematic aspects of the application of the right of regression in indemnification by the employer to their employee

2020 ◽  
pp. 40-44
Author(s):  
L. Vasylenko ◽  
S. Khomenko
Keyword(s):  
Legal Regulation ◽  
Point Of View ◽  
Third Party ◽  
Labour Law ◽  
Legal Provisions ◽  
Recommendations For Action ◽  
Contractual Obligations ◽  
The Right ◽  
Relationship Of ◽  
The Relationship

The purpose of the research in the article is to consider the theoretical problems of legal regulation of property liability of the employer. This work is devoted to investigation of the indemnification peculiarities by a legal or natural person caused by their employee or another person in accordance with Art. 1172 of the Civil code of Ukraine that will allow to establish cases of its use, in combination with other norms of the legislation, in particular labour. The conditions and reasons for the occurrence of the mentioned non-contractual obligations, peculiarities and problems of application of the right of regression to the persons who caused the damage will be revealed. Nowadays, unfortunately, the concept of «regressive obligations» has not been investigated enough, the legislation does not contain a specific definition of the term, there are no reasons and conditions for their occurrence and application, the legal provisions of the participants of these obligations have not been interpreted, which complicates the application of regression in practice. The issue of indemnification caused by an employee in the performance of his duties is closely intertwined with two related branches of civil and labour law. Therefore, it is necessary to analyze some elements of each type of responsibility to determine their independence and separation. To achieve this goal, the authors set the following tasks: to identify the causes of this discussion; to analyze the scientific positions by various scientists, about the civil nature of the relationship of indemnification by the employee to third party; to carry out the comparative analysis of legal regulation of the given relations by norms of the labour law and regulation of relations on indemnification caused by the employer, by its employee, by the civil legislation; determine the peculiarities of the relationship of liability of the employer for damage caused by the employee; summarise the legal nature of the relationship to compensate for damage caused by the employee. This will help to identify recommendations for action in the event of similar commitments in life. For this purpose, in this research the national legislation is analyzed from both a theoretical and practical point of view.

scholarly journals Prospects for settlement of the legal status of cryptocurrency in Ukraine

2021 ◽  
pp. 152-157
Author(s):  
V.M. Lohoyda
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
Legal Regulation ◽  
Securities Market ◽  
Intangible Asset ◽  
Legal Analysis ◽  
Electronic Money ◽  
Current State ◽  
Legal Nature ◽  
The One

The article is devoted to the current state and prospects of further legislative regulation in Ukraine of the legal status of cryptocurrency (cryptoassets), primarily in terms of the need to clearly define its place in the system of objects of civil rights. The author emphasizes on the current uncertainty at the national and international level about the legal nature of cryptocurrency that causes gaps in the legal regulation of this phenomenon, which on the one hand allows its free and accelerated development, but on the other - creates significant legal risks for participants of the relevant legal relationships. Based on the comparative legal analysis of the approaches of different countries to the qualification of the legal essence of cryptocurrency, as well as the analysis of the Laws of Ukraine "On Prevention of Corruption", "On Prevention and Counteraction to Legalization (Laundering) of Proceeds from Crime, Financing  Terrorism and Financing Spread of the Weapon of Mass Destruction”, the draft Law of Ukraine“ On Virtual Assets ”№3637 of 11.06.2020 adopted as a basis and prepared for the second reading by the Parliament and opinions of national regulators of financial market and securities market the author considers as a debatable approach of Ukrainian authorities to regulation circulation of virtual assets and, in particular, such their type as a cryptocurrency, as an intangible asset (other intangible goods). There is a contradiction of such a qualification in terms of traditional features of intangible assets (pronounced personal nature, the impossibility of the existence of such goods in isolation from the subject of law without his consent, lack of property and economic content) and the economic purpose of cryptocurrency as a mean of payment. In this regard, the author concludes that there should be an expediency of classifying this object of civil rights as a special (private) form of money, for which he proposes to carry out a more detailed civil law classification with a division into fiat (cash, non-cash, digital) and private (cryptocurrencies and electronic money).

scholarly journals ТРУДО-ПРАВОВА ПРИРОДА ВІДНОСИН ЩОДО ВИКОНАННЯ ОБОВ’ЯЗКІВ СУДДІ У ВИГЛЯДІ ЗДІЙСНЕННЯ ПРАВОСУДДЯ

2020 ◽  
pp. 74-79
Author(s):  
М. В. Власенко
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Professional Performance ◽  
Administration Of Justice ◽  
Legal Nature ◽  
The Status ◽  
Relationship Of ◽  
The Relationship ◽  
Qualified Work

The purpose of the article is to determine the nature of the relationship regarding the performance of the judge's duties in the form of the administration of justice. The labor-legal subtext of the categories used in the Law of Ukraine «On the Judiciary and the Status of Judges» to characterize the relationship of justice by professional judges, despite the complete absence of the words «labor» or «labor relations». The author establishes the criteria that characterize the legal regulation of the judge's activity in the form of administration of justice, which testifies to the labor-legal nature of the relations arising in this connection regarding the performance of judges' duties. Based on them, it is concluded that the judge administers justice as his / her labor function, because the legal regulation of the grounds for carrying out this activity, the organization of support of its professional performance testify to constant, systematically paid, qualified work. Thus, it provides grounds for establishing the labor law nature of the relationship regarding the performance of the judge's duties in the form of administration of justice.

scholarly journals Legal basis and directions of improving the corporate responsibility

2021 ◽  
pp. 16-20
Author(s):  
Dmytro SICHKO
Keyword(s):  
Corporate Responsibility ◽  
General Meeting ◽  
Case Law ◽  
Legal Regulation ◽  
Joint Management ◽  
Corporate Rights ◽  
Current State ◽  
Corporate Goals ◽  
Corporate Liability ◽  
The Relationship

The paper examines the current state of legal regulation of corporate responsibility, identifies prospects for reforming the institution of corporate responsibility to ensure compliance with corporate rights. In particular, it was found that a corporate agreement creates a different nature of the relationship (both mandatory and corporate), it has a binding nature, so in case of violation may be applied civil liability for failure or improper performance of obligations. At the same time, corporate responsibility differs from civil law (classical) liability in the circle of responsible persons, the procedure for bringing to justice, corporate responsibility measures, etc. The case law illustrates that it is possible that a party to a corporate agreement does not systematically comply with the terms of the agreement, for example, does not participate in the general meeting of the corporation or votes against it with other parties to the agreement, which actually calls into question the successful achievement of corporate goals. agreement and its effectiveness as a regulator of relations for the joint management of corporate rights. In this case, an effective way to protect the rights of the parties to the contract is the obligation of the infringer to alienate its share in the authorized (composed) capital (shareholding) in favor of other participants in the corporate agreement at market or pre-agreed price. However, it is noted that the possibility of establishing an obligation to sell shares as a sanction for breach of corporate agreement raises some doubts. In fact, such an obligation is a restriction on property rights. It is proposed to solve this dilemma by reforming the institution of corporate responsibility for non-performance or improper performance of corporate obligations that correspond to the corporate rights of participants in the direction of separating it into a separate type of legal liability. In particular, it is proposed to supplement the Law of Ukraine “On Limited and Additional Liability Companies” Art. 7 “Corporate liability” reads as follows: “in case of non-performance (improper performance) of corporate obligations established by law, contract and constituent documents of the company, corresponding to the corporate rights of participants, sanctions in the form of compensation and exclusion of the participant may be applied”.

Kelsen – Which Kelsen? A Reapplication of the Pure Theory to International Law

2009 ◽  
Vol 22 (2) ◽  
pp. 225-249 ◽  
Author(s):  
JÖRG KAMMERHOFER
Keyword(s):  
International Law ◽  
Legal Theory ◽  
Pure Theory ◽  
Municipal Law ◽  
Hans Kelsen ◽  
Theory Of Law ◽  
The Right ◽  
Relationship Of ◽  
The Relationship ◽  
Legal Theorist

AbstractHans Kelsen is known both as a legal theorist and as an international lawyer. This article shows that his theory of international law is an integral part of the Kelsenian Pure Theory of Law. Two areas of international law are analysed: first, Kelsen's coercive order paradigm and its relationship to the bellum iustum doctrine; second, the Kelsenian notion of the unity of all law vis-à-vis theories of the relationship of international and municipal law. In a second step, the results of Kelsenian general legal theory of the late period – as interpreted and developed by the present author – are reapplied to selected doctrines of international law. Thus is the coercive order paradigm resolved, the unity of law dissolved, and the UN Charter reinterpreted to show that the concretization of norms as positive international law cannot be unmade by a scholarship usurping the right to make law.

HUBUNGAN SIKAP PASIEN TERHADAP HAK DAN KEWAJIBAN RAWAT INAP DI RUMAH SAKIT PEKANBARU MEDICAL CENTER (PMC)

2021 ◽  
Vol 13 (1) ◽  
pp. 17-25
Author(s):  
Nur Maimun ◽  
Arnawilis ◽  
Cindy Feby Fayza ◽  
Nur Asikin
Keyword(s):  
Patient Safety ◽  
Medical Information ◽  
Medical Center ◽  
Patient Treatment ◽  
Patient Attitudes ◽  
Chi Square ◽  
Cross Sectional ◽  
The Right ◽  
Relationship Of ◽  
The Relationship

Patient as service users have right and obligations to be hospitalized and patients also have the right to medical information in receiving medical practice services. This study aims to determine the relationship between patient attitudes towards the rights and obligations of being hospitalized in the hospital Pekanbaru Medical Center (PMC). This research method using observational analytic method with cross sectional design. The total sample used in this study 107 sample were taken as simpel random sampling. Chi square test is used to determine the relationship between variables. The data were processed using SPSS statistical software and analyzed using univariate and bivariate analyzes. Of the result obtained of the study namely the relationship between patient attitude to the rights and obligations of patient with chi-suare obtained pvalue 0.016 (<0,05), the relationship of attitude patients to the rights and obligations of choosing a doctor and class of patient care with chi-square obtained pvalue 0,070 (<0,05), the relationship of patient attitudes to the right and obligations of confidentiality of disease by inpatient medical staff with chi-square obtained pvalue 0,000 (<0,05), the relationship of patient attitudes to the rights and obligations of consent to the patient treatment with chi-square obtained pvalue 0,000 (<0,05), the relationship of patient attitudes to the right and obligation of patient safety with chi-square obtained pvalue 0,000 (<0,05), the relationship between patient attitudes towards the right and obligations of patient safety with chi-square obtained pvalue 0,000 (<0,05). Suggestions in order to protect what has been achieved in this case is his ability as effort of service is getting better in the future Keyword : Attitudes of patient, Rights and Obligations inpatient, Hospital

Effect of voluntary vs. artificial activation on the relationship of muscle torque to speed

1990 ◽  
Vol 69 (6) ◽  
pp. 2215-2221 ◽  
Author(s):  
G. A. Dudley ◽  
R. T. Harris ◽  
M. R. Duvoisin ◽  
B. M. Hather ◽  
P. Buchanan
Keyword(s):  
Knee Extensor ◽  
Voluntary Activation ◽  
Knee Extensors ◽  
Angular Velocities ◽  
The Central Nervous System ◽  
The Right ◽  
Artificial Activation ◽  
Relationship Of ◽  
The Relationship ◽  
Eccentric Actions

The speed-torque relationship of the right knee extensor muscle group was investigated in eight untrained subjects (28 +/- 2 yr old). Torque was measured at a specific knee angle during isokinetic concentric or eccentric actions at nine angular velocities (0.17-3.66 rad/s) and during isometric actions. Activation was by "maximal" voluntary effort or by transcutaneous tetanic electrical stimulation that induced an isometric torque equal to 60% (STIM 1) or 45% (STIM 2) of the voluntary isometric value. Torque increased (P less than 0.05) to 1.4 times isometric as the speed of eccentric actions increased to 1.57 rad/s for STIM 1 and STIM 2. Thereafter, increases in eccentric speed did not further increase torque. Torque did not increase (P greater than 0.05) above isometric for voluntary eccentric actions. As the speed of concentric actions increased from 0.00 to 3.66 rad/s, torque decreased (P less than 0.05) more (P less than 0.05) for both STIM 1 and STIM 2 (two-thirds) than for voluntary activation (one-half). As a result of these responses, torque changed three times as much (P less than 0.05) across speeds of concentric and eccentric actions with artificial (3.4-fold) than voluntary (1.1-fold) activation. The results indicate that with artificial activation the normalized speed-torque relationship of the knee extensors in situ is remarkably similar to that of isolated muscle. The relationship for voluntary activation, in contrast, suggests that the ability of the central nervous system to activate the knee extensors during maximal efforts depends on the speed and type of muscle action performed.

scholarly journals Leadership Style, Compensation And Its Effect On Employee Performance (PT. SSBP Case)

2020 ◽  
Vol 18 (3) ◽  
pp. 138
Author(s):  
Elly Alfrida ◽  
Petrus T. Resi ◽  
Sabam Simbolon
Keyword(s):  
Leadership Style ◽  
Employee Performance ◽  
Independent Variables ◽  
Main Factors ◽  
Relationship Of ◽  
The Relationship ◽  
A Company ◽  
Two Independent Variables

This research is aimed at understanding the relationship of leadership style and compensation on employee performance at PT SSBP considering that the two independent variables are the main factors that determines the success of a company as general as well as PT SSBP. The research obtained data from 144 respondents out of 210 total employees. A questionnaire was prepared to catch their perception on leadership style and compensation and how they affect their performance in the company they work with. From the data obtained and the analysis result shows that the relationship and the contribution of leadership style and compensation on the performance of employees is strong and significant, either partially or simultaneously. Therefore as managerial instruments, leadership style and compensation are extremely important factors to be considered and continuously updated in order to keep and maintain employees motivation that in turn will boost their performance,

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