scholarly journals OPENING OF CASES IN ECONOMIC JUDICIAL PROCEEDINGS

2021 ◽  
pp. 33-39
Author(s):  
I.A. Butyrska ◽  
Keyword(s):  
Business Case ◽  
Necessary Condition ◽  
Theoretical Understanding ◽  
Systematic Analysis ◽  
Procedural Law ◽  
Logical Conclusion ◽  
Judicial Proceedings ◽  
The One ◽  
The Right ◽  
Procedural Decisions

Not every appeal to the court means the automatic opening of proceedings, because the statement of claim must still be checked by a judge for compliance with the requirements of procedural law on form and content, compliance with the rules of jurisdiction, lack of abuse of the right to appeal by the plaintiff etc. All this allows for a balance between the rights of the parties to the dispute. The purpose of the article is a theoretical understanding of the stage of opening proceedings in economic procedure, a systematic analysis of the grounds and consequences of procedural decisions made by the economic court at this stage, and highlighting on this basis the author’s vision and purpose of the stage of opening proceedings. The author emphasizes that based on the results of checking the statement of claim for compliance with the Code of Economic Procedure of Ukraine, the judge makes one of four decisions: leaves the statement of claim without motion, returns the statement of claim, opens proceedings or refuses to open proceedings. The opening of proceedings is a ne cessary condition for further consideration of the business case, and therefore is the logical conclusion of this stage. Leaving the statement of claim without action does not lead to the opening of proceedings immediately, but such proceedings may be opened later, after eliminating the shortcomings of the statement of claim. If the plaintiff has not eli minated the shortcomings of the statement of claim within the period established by the court, the statement is considered unfiled and returned to the person who filed the statement of claim. According to the results of the study, the author concludes that the stage of initiating proceedings in commercial litigation is important because, on the one hand, it acts as a kind of procedural filter that allows to “screen out” claims filed in violation of legal requirements for their form and content, as well as lawsuits filed in violation of the rules of jurisdiction and jurisdiction, and on the other hand — allows the court to make priority preparatory actions for future litigation (to determine whether the rules of general or summary proceedings will be considered, to resolve conducting several cases, to set a deadline for the parties to submit relevant documents on the merits of the case, etc.). The opening of proceedings is a necessary condition for further consideration of the business case, and therefore is the logical conclusion of this stage. The judge is unable to detect the existence of most grounds for refusal to initiate proceedings (except when the application is not subject to consideration under the rules of commercial procedure) without taking additional actions that are not provided by the Code of Economic Procedure of Ukraine.

scholarly journals A Razoabilidade da Vontade em Duns Escoto

2009 ◽  
Vol 17 (34) ◽  
pp. 387-403
Author(s):  
Gonçalo Figueiredo ◽  
Keyword(s):  
Necessary Condition ◽  
The Will ◽  
Right Reason ◽  
The One ◽  
The Right ◽  
Execution Order

Since intelligence and will are component parts of the soul, they do not oppose, but collaborate in the happiness of man. In the sequence of their masters and the franciscan school, Scotus gives priority, in the execution order, to the will over the intelligence, without diminishing the role of the reason which is a sine qua non condition of the will. A previous and necessary condition, since without knowing there is no want, and the one who wants, wants something that intelligence gives to know as an object. In a particular way intelligence makes clear the end of volition, which is the infinite good. Being the will defined as “free rational appetite”, the freely tendency, and therefore in contingent way for the good, according to the right reason, it can not be violated, even if it has to be ordained by an affection for justice.

scholarly journals Populism and the 2016 American Election: Evidence from Official Press Releases and Twitter

2018 ◽  
Vol 52 (2) ◽  
pp. 223-228 ◽  
Author(s):  
Corina Lacatus
Keyword(s):  
Necessary Condition ◽  
Original Text ◽  
Press Releases ◽  
Text Data ◽  
Systematic Analysis ◽  
Presidential Candidates ◽  
The Past ◽  
Us Presidential Election ◽  
Political Spectrum ◽  
The Right

ABSTRACTIn the past year, academics and mass media alike have spoken of populism as a necessary condition for Donald Trump’s success in the 2016 US presidential election. Despite the growing interest in populism for understanding the election, we have yet to provide a systematic analysis of the official campaign discourse and its use of populist rhetoric. To fill this gap, this article proposes an analysis of official campaign statements based on original text data from press releases published from January to June 2016 on campaign websites and tweets published on the official accounts of the three main presidential candidates: Hillary Clinton, Bernie Sanders, and Donald Trump. Data show that the Sanders and Trump campaigns relied on populist discourse to promote two opposing electoral agendas on the left and the right of the political spectrum. Clinton made limited use of populist discourse, mostly in response to the other counter-candidates.

scholarly journals Court Judgement as a Jural Fact in Civil Law: Doctrinal Discourse and the Problem of Legal Formulations

2021 ◽  
pp. 240-262
Author(s):  
V. G. Golubtsov ◽  
Keyword(s):  
Civil Rights ◽  
Civil Law ◽  
Modern Science ◽  
Legal Regulation ◽  
Public Law ◽  
Procedural Law ◽  
The One ◽  
The Right ◽  
Substantive Law ◽  
The Relationship

Introduction: the role of the court judgement that determines civil rights and obligations remains not completely perceived in civil law. In the modern science of civil law, no definite theoretical views on this subject have yet been formed, except for those that were formulated in the period when the science was actively discussing the very fact of referring court judgements to jural facts of civil law. In the article, we address this issue through reviewing, analyzing and generalizing the existing scientific views, with inter-disciplinary aspects also involved. The scope of study includes the disputable issues of the legislative definition of the court judgement seen as the basis for the commencement of civil rights and obligations and also the analysis of methodological positions significant for the research. Purpose: while taking the theory of modificatory claims as what is recognized in the modern doctrine of civil procedural law, to investigate the right-establishing force of the court judgement defined by the legislator as a jural fact of civil law. Methods: the methodological framework of the research is based on the general scientific method of scientific cognition, which reflects the relationship between the doctrine and law enforcement, as well as methods of dialectics, analysis, synthesis, analogy, functional, interdisciplinary, and system approaches. Results: the article proposes a system of concepts with the court judgment in its civil law meaning of a jural fact of substantive law lying at the core. Based on this system, we can state that the relationship between such concepts as the ‘court judgement’ and the ‘jural fact of substantive law’ is to a greater extent speculative. It is not sufficient to explain a court judgement as the basis for the commencement of civil law relations only based on the theory of procedural law, which divides all claims into declarative and constitutive ones. We argue that the concept ‘court judgement’ in its substantive meaning has a dual civil law function: (1) in the meaning of its right-restorative function – as a result of the protection of a violated civil right, and (2) as one of the grounds for the establishment of civil rights and obligations resulting from a private person’s initiative and the court authority. The right of the court to deliver right-establishing judgements that become one of the legal regulation elements within civil law, is an exception to the general civil law rule implying the discretionary method of regulation, according to which the parties determine their rights and obligations by mutual agreement. Following the analysis of the doctrinal views on the concept of the court judgement in its substantive meaning, which many authors consider to be the one not corresponding to its broader procedural meaning, we justify the position that there are no obvious grounds for diagnosticating the alleged contradiction between substantive and procedural legislation in terms of the logical scope of the ‘court judgement’ concept. It is more important to see the real legal meaning of this concept in the civil law reality, which involves a combination of the substantive law significance of a court judgement for establishing civil rights and obligations and the public law essence of this act, which is manifested not in private actions of the interested persons themselves but in unilateral actions of the court as a public law subject. We also formulated some methodological positions that could serve as theoretical guidelines for further research into the problem of the court judgement as one of the jural facts of civil law.

scholarly journals Judgment (Trial) in Absentia According to the Code of Criminal Procedure of the Republic of Albania

2021 ◽  
Vol 12 (4) ◽  
pp. 144
Author(s):  
Naim Tota ◽  
Klodjan Skenderaj
Keyword(s):  
Conflicts Of Interest ◽  
Criminal Procedure ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
The Public ◽  
Procedural Law ◽  
Administration Of Justice ◽  
The Republic ◽  
The One ◽  
The Right

The judgment in absentia of the defendant is included in the institutes provided in the Code of Criminal Procedure, where in many cases many problems have been encountered in our case law. The judgment in absentia must, on the one hand, guarantee the respect of the fundamental rights of the defendant and, on the other hand, guarantee the public interest in the administration of justice, through the regular exercise of judicial functions. In the Albanian legislation these conflicts of interest have been resolved by the legislator by accepting and becoming part of the Code of Criminal Procedure of 1995 as well as with the amendaments made in 2017, namely, the conduct of the trial in the absence of the defendant. However, this Code also guarantees the defendant the opportunity to review the matter, in cases where he becomes aware of the decision rendered in absentia. The guarantee placed by the legislator in the code of criminal procedure has come precisely because of the practice of the ECHR but also a series of decisions of the Constitutional Court of Albania, which stated that in cases of judgments rendered in absentia, defendants have the right to have their case reviewed. This paper will analyze exactly the provisions of the Albanian criminal procedural law on the conduct of the judgment in absentia, the cases of suspension of the trial for the defendants who do not know effectively about the trial.    Received: 2 May 2021 / Accepted: 15 June 2021 / Published: 8 July 2021

DIGITAL-MARKETING: CURRENT TRENDS OF DEVELOPMENT AND FEATURES OF APPLICATION OF ITS TOOLS

2017 ◽  
Author(s):  
Ganna Lozovska ◽  
◽  
Rafaela Znachek ◽  
Keyword(s):  
Consumer Preferences ◽  
Digital Marketing ◽  
Necessary Condition ◽  
Goods And Services ◽  
Digital Devices ◽  
Personalized Approach ◽  
The Moment ◽  
The One ◽  
The Right ◽  
To Receive

Development successful marketing strategy it becomes frequent one of the main calls for business. As digital marketing promptly develops, competitive fight is won by the one who the first can adapt to changeable tendencies and tastes of consumers. Digital-marketing not only is designation of strategy of advance with use of digital devices, but also a synonym of modern marketing tools. Business not only that consumers spend much time today on the Internet and is used for access to the network by the mobile devices. In the overloaded information space, it is very difficult to receive attention of consumers. It leads to that people are ready to perceive offers of the companies only if they correspond to their interests and inquiries. Today the advertising offer should appear before eyes of the client in due time and in the right place - during the moment when it is in search of the decision and is most interested to consider offers arriving to it. In this case, the company has a chance to receive desirable reaction in reply. Digital-marketing also allows to reduce considerably costs of advance of a product and at the same time to become closer to the consumer. Occurring changes in consumer preferences and way of life, and also that the consumer expects the personalized approach from producers of the goods and services, do use of modern instruments of digital-marketing by a necessary condition of a survival of the enterprises.

PASSIVE PROCEDURAL POSITION AND THE PROBLEM OF DISHONESTY OF THE PARTIES IN CIVIL PROCEEDINGS

2020 ◽  
Vol 6 (4) ◽  
pp. 172-191
Author(s):  
Nadezhda V. SUKHOVA ◽  
Faniya F. Chamaletdinova
Keyword(s):  
Good Faith ◽  
Scientific Development ◽  
Legal Proceedings ◽  
Civil Process ◽  
Procedural Law ◽  
Civil Proceedings ◽  
Judicial Proceedings ◽  
Methodological Assessment ◽  
The Right ◽  
Abuse Of Law

This article examines the approach of legal science and law enforcement to the issue of abuse of rights. The authors emphasize that the reform of procedural legislation in the first two decades of the 21st century corresponds to the tendencies of internationalization of the civil process, within the framework of which the principle of accessibility of justice in its true understanding as a legal value is concretized. In this sense, the authors state that the abuse of the right to sue is one of the most important problems of civil procedural law, requiring a solution in order to increase the fairness and efficiency of national legal proceedings. The analysis of a passive procedural position is carried out in the path of abuse of law. The authors acknowledge that, in connection with the COVID-19 pandemic, the need to severely punish dishonesty of the parties in court in order to promote good faith in civil proceedings is a response to the established jurisprudence. In addition, this article draws attention to the fact that the most important problems today are related to the improvement of mechanisms for encouraging the execution of procedural laws and rules of civil proceedings, and not just the system of punishment for dishonest behavior. This formulation of the practical problem determines the research methodology. According to the authors, the solution of serious problems associated with the dishonesty of the parties should be based not only on a theoretical (and monistic) approach, but on a pluralistic and communicative approach. And in this sense, this study is new. This article concludes that the failure of the procedural theory in the study of the phenomenon of abuse of rights and the explanation of conscientiousness in the civil proceedings is a fact of scientific development, subject to methodological research — a methodological assessment of this fact; the question arises about the essence of the phenomenon; special purposes of civil procedure — the directions of development of procedural law inevitably give rise to their own legal interpretations, in particular, this is observed in the case of assessing the good faith in the judicial proceedings for purposes of other branches of law.

Who is the Ethics Expert? the Original Footnote to Plato

1999 ◽  
Vol 9 (4) ◽  
pp. 693-697 ◽  
Author(s):  
John Morse
Keyword(s):  
Business Ethics ◽  
Ethical Theory ◽  
Ethical Decision ◽  
Practical Knowledge ◽  
Business Environment ◽  
Necessary Condition ◽  
Theoretical Understanding ◽  
Ethics Course ◽  
Successful Business ◽  
The One

Abstract:In her recent article, “The One Necessary Condition for a Business Ethics Course: The Teacher Must be a Philosopher,” Ellen Klein argues that philosophers are best qualified to teach business ethics by virtue of their expertise in ethical theory. Klein likens her claim to that of Plato’s “philosopher-king,” who claimed that the philosopher is best suited to be “king,” because he possesses a theoretical understanding of justice. In response to Klein, I point to Aristotle’s objection to Plato, which shows that theoretical knowledge of ethics is not sufficient for making a person ethical, because ethics requires both theoretical and practical knowledge. Ultimately, I argue that in order to have a successful business ethics class, one must address both the issues unique to ethical theory, and the particular structures and contexts that are unique to making an ethical decision within the business environment.

scholarly journals On the Issue of the Access of Citizens to Justice in the Conditions of Digitalization of Criminal Proceedings

Lex Russica ◽  
2020 ◽  
pp. 71-80
Author(s):  
N. V. Sofiychuk ◽  
L. A. Kolpakova
Keyword(s):  
Effective Interaction ◽  
Digital Technologies ◽  
Information Support ◽  
Criminal Proceedings ◽  
Legal Proceedings ◽  
Administration Of Justice ◽  
Judicial Proceedings ◽  
Court Proceedings ◽  
The One ◽  
The Right

The paper deals with the issues of ensuring access of citizens to justice in the conditions of introduction of digital technologies in criminal proceedings. The authors substantiate the obligation of the judiciary to ensure effective interaction with citizens and professional participants of procedural relations through electronic services and information resources. The paper analyzes socially useful effects from introduction of digital technologies in the mechanisms of court proceedings, as well as some emerging risks. Based on content analysis of Internet sites of the courts, the survey of different social groups, and analysis of the unfolding scientific discussions, the authors draw generalizing conclusions concerning the degree of accessibility of information posted on the relevant Internet pages, readiness of the society to widen the boundaries of digitalization in the field of legal proceedings, problems of introduction of digital technologies in criminal proceedings in comparison with other types of judicial proceedings. Proposals are made to optimize the information support of the activities of the courts. The authors conclude that due to introduction of digital technologies in the field of judicial proceedings a qualitative shift has taken place towards automation and simplification of clerical mechanisms. Search for the necessary information in the vast information field has become easier, as well as other positive social and legal changes have become possible. However, at this stage a complete transition to “digital proceedings”, at least in the field of criminal proceedings, is not possible, on the one hand, due to the very legalistic nature and essence of criminal procedure that requires participation of a human both at the pre-trial stages of the proceedings and at the level of administration of justice. On the other hand, the society is not ready yet to abandon traditional forms of interaction with the judicial system. The latter could inevitably lead to a violation of the right of citizens to access justice, since digital technologies are not yet available for a large group of the population due to a number of objective and subjective causes.

scholarly journals The Many-faced Court: The Value of Participation in Annulment Proceedings

2019 ◽  
Vol 15 (2) ◽  
pp. 220-246
Author(s):  
Michał Krajewski
Keyword(s):  
European Court Of Justice ◽  
Judicial Decisions ◽  
Procedural Law ◽  
Court Of Justice ◽  
European Court ◽  
Judicial Proceedings ◽  
The Many ◽  
The Right ◽  
Procedural Rights ◽  
The Eu

European Court of Justice – General Court – EU procedural law and practice – Procedural rights of the parties to judicial proceedings before the EU Courts – Participation of the parties to judicial proceedings and the legitimacy of judicial decisions – Accuracy of decision-making, the right to a hearing and procedural economy as guiding values of EU procedural law and practice – Different procedural practices of the General Court and the Court of Justice – The filtering of appeals by the Court of Justice – The accountability of the EU Courts for their procedural law and standards

Mechanisms of Resource Curse and Economic Policy

2007 ◽  
pp. 4-27 ◽  
Author(s):  
V. Polterovich ◽  
V. Popov ◽  
A. Tonis
Keyword(s):  
Real Exchange Rates ◽  
Resource Curse ◽  
Budget Deficits ◽  
Resource Abundance ◽  
Fuel Prices ◽  
Use Of Resources ◽  
Resource Wealth ◽  
The One ◽  
The Right ◽  
Rich Countries

This paper compares various mechanisms of resource curse leading to a potentially inefficient use of resources; it is demonstrated that each of these mechanisms is associated with market imperfections and can be "corrected" with appropriate government policies. Empirical evidence seems to suggest that resource abundant countries have on average lower budget deficits and inflation, and higher foreign exchange reserves. Besides, lower domestic fuel prices that are typical for resource rich countries have a positive effect on long-term growth even though they are associated with losses resulting from higher energy consumption. On top of that resource abundance allows to reduce income inequalities. So, on the one hand, resource wealth turns out to be conducive to growth, especially in countries with strong institutions. However, on the other hand, resource abundance leads to corruption of institutions and to overvalued real exchange rates. On balance, there is no solid evidence that resource abundant countries grow more slowly than the others, but there is evidence that they grow more slowly than could have grown with the right policies and institutions.

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