scholarly journals THE MODERN STATE OF SCIENTIFIC THOUGHT ISIN RELATION TO SUBJECTS OF CORPORATIVE LAW

2020 ◽  
pp. 38-41
Author(s):  
N. V. Shcherbakova
Keyword(s):  
Legal Status ◽  
International Standards ◽  
Modern State ◽  
Scientific Thought ◽  
Economic Relations ◽  
Legal Nature ◽  
Legal Forms ◽  
Market Relations ◽  
Selection Of ◽  
Legal Entities

The article is devoted research of question of the modern state of scientific thought in relation to studies about subjects of corporative law. There is actuality of theoretical and practical value of select problems, taking into account prevalence of different legal forms of legal entities in an economic turn. The analysis of becoming and development of studies is conducted about subjects of corporative law. Specified, that transition of Ukraine from administratively command system to the market relations caused the appearance of new legal forms conducts of economic activity, which got partial embodiment in a national legislation which must was have time after stormy development of economic relations and design the most adequate forms of realization of business. It is rotined that the multidimensionalness of legal description of subjects of corporative law predetermines appearance of different scientific looks and approaches. It is set that the modern state of studies about subjects of corporative law is characterized the presence of civil legal and economic legal approaches among which an author is select narrow and wide interpretation of circle of subjects of corporative law. It is found out, that such selection predefined by certain factors, in particular, by establishment of a particular branch belonging of corporative legal relationships, its’ legal nature and content, and also it is well-proven that list of participants, subjects of corporative legal relationships related to the selection of interests of the proper circle of persons, their defence. Generalization is done, that the perspective is see subsequent research of problems of subjects of corporative legal relationships both in part of decision of general circle of these subjects and features of legal status of commercial companies, legal entities of corporative type created in different legal forms, taking into account importance of such developments, by conditioned euro-integration steps between Ukraine and EU in the sphere of legislation about companies and corporative management, and by adduction the legal adjusting over of activity of corporations to the requirements of international standards and gradual rapprochement with the rules of EU.

scholarly journals TO THE QUESTIONS OF INTERNATIONAL LEGALITY OF LOCAL COMMUNITY IN THE INTERNATIONAL LEGAL ECONOMIC RELATIONS

2019 ◽  
Vol 2 (42) ◽  
pp. 35-61
Author(s):  
Nataliya Yakymchuk ◽  
Ganna Vlasova ◽  
Oksana Vaitsekhovska ◽  
Petro Tsymbal ◽  
Yuliia Baliuk
Keyword(s):  
International Law ◽  
Economic Activity ◽  
Legal Status ◽  
Economic Globalization ◽  
Intergovernmental Organizations ◽  
Legal Personality ◽  
Economic Relations ◽  
Foreign Countries ◽  
International Legal Personality ◽  
Legal Entities

The article is devoted to the issue of international legal personality of cities as subnational persons. The rapid urbanization of cities, modern processes of decentralization of power in the countries and the growth of economic globalization in the world have led to an increase in the autonomy of subnational individuals (especially such their kind as cities). The sphere of greatest manifestation of such independence is economic, within which, cities are increasingly entering into foreign economic relations not only with foreign legal entities, but also with international intergovernmental organizations and governments of foreign countries when solving economic and economic issues of local level. The rapid growth and such foreign economic activity, the legal basis of which, as a rule, are international treaties between the countries, has caused ambiguous understanding of the legal status of subnational persons and highly actualized the research of this problem in the context of determining their international legal personality. The article analyzes the doctrinal approaches to the concept of "subject of international law" and the criteria for their separation from other legal entities participating in relations with a foreign element. The basic international documents and normative legal acts of foreign countries that regulate the legal status of territorial communities of cities as subjects of local self-government and give the rights to enter into a contractual relationship on their own and in a responsible manner in a transboundary context are investigated. Exploring the forms of urban cooperation at the regional and universal levels, the following forms of networking of cities as infrastructures, which are factors of international legal regulation (aimed at economic solidarity) and political ones, in which cities often act as agents of international intergovernmental organizations, are distinguished. Based on the analysis of international documents and national legal acts regulating the legal status of subnational persons and their relations with subjects of international law, as well as domestic and foreign doctrines of international legal personality, a scientific approach to the status of cities in economic relations with a foreign element is formulated. Cities are defined as complementary (substantive) subjects of international legal relations with a special international legal personality: in the formally-legal plane they are granted the rights in foreign economic activity by the legal norms of the national law, which these relations are regulated; similarly to the states, cities (like other subnationals) are representatives of the public interest of the communities of cities; in the economic-practical plane act as independent subjects of economic relations of an international character. Illustrated signs of the rapid development of "city diplomacy", which, on the background of decentralization of authorities to territorial communities and economic globalization, led to the expansion of the scope of international legal personality in the practice of foreign economic relations and caused a gradual change in their international legal personality in international acts.

scholarly journals Sanctions as a legal phenomenon in the law of Ukraine and international standards of their application

2021 ◽  
pp. 73-86
Author(s):  
Nataliia Iakymchuk
Keyword(s):  
Legal Regulation ◽  
The State ◽  
International Standards ◽  
Legal Responsibility ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Legal Nature ◽  
The Law ◽  
Restrictive Measures ◽  
Legal Entities

The article examines the theoretical and practical issues of application of the Law of Ukraine «On Sanctions» of August 14, 2014 and analyzes the existing views on the legal nature of such «legal phenomenon» as sanctions - special economic, financial and other restrictive measures (sanctions) provided by this Law. The article specifies the main issues facing the researchers of the Institute of Sanctions. The purpose of the article is coverage of the state of legal regulation and legal nature of such a phenomenon as sanctions (economic, financial) in the right to Ukraine. In order to achieve this goal, the author used a set of general and special methods that are characteristic of legal science. The article covers the issue of Ukraine's sovereign right to protection, in particular through the application of economic and other restrictive measures (sanctions) «to protect national interests, national security, sovereignty and territorial integrity of Ukraine, counter terrorist activity, as well as prevention of violations, restoration of violated rights and freedoms and legitimate interests of citizens of Ukraine, society and the state». The range of subjects against which sanctions can be applied has been studied, namely: a) foreign states; b) foreign legal entities; c) legal entities under the control of a foreign legal entity or a non-resident individual, foreigners, stateless persons; d) entities engaged in terrorist activities. Sanctions are defined as legal measures to respond immediately to violations of various rights, from encroachment on state sovereignty to the commission of a crime of an international nature, which are temporary, which are applied primarily through coercive measures, which are implemented using constitutional, financial, administrative, economic, criminal procedural, executive, economic procedural and other branches of law. The issues of the grounds for application of sanctions, their types and criteria for their delimitation, the term of application of sanctions, as well as the range of authorized entities in the field of their application are covered. The main approaches of scholars to the characterization of sanctions as measures of influence are investigated. It is noted that sanctions are measures of influence different from measures of legal responsibility, which may have a "non-criminal" nature. It is stated that sanctions are measures of influence that are applied, albeit in parallel, but in a systematic connection with the criminal prosecution imposed by the state or executed by it as a subject of international cooperation in the fight against crime. Their application is, firstly, due to the decision at the international or regional level on the application of international economic (financial) sanctions, personal sanctions in the course of criminal prosecution for acts of an international crime. However, Ukraine is obliged to adhere to international standards of the legal mechanism for the application of sanctions at the domestic level, to improve the procedural principles of their application, appeal procedures and amendments to the decision. We consider the participation of the Commissioner for Human Rights in the process of reviewing the decision on the application of sanctions and appealing the decisions necessary. Amendments to the Law of Ukraine "On Sanctions" are proposed in order to establish among the necessary grounds for the application of sanctions to individuals the opening of criminal proceedings against them, and for legal entities - the opening of criminal proceedings against related persons, as well as amendments to the Criminal Procedure Code of Ukraine, as it does not contain provisions on such preliminary measures (securing and stopping) as "sanctions". In addition, in general, the sanctions procedure requires greater transparency, and it is concluded that sanctions can be applied to Ukrainian citizens only if they are suspected of involvement in terrorist activities.

scholarly journals Legal nature and features of retirement legal relations of Ukraine in terms of reforming

2020 ◽  
Vol 1 (1) ◽  
pp. 270-275
Author(s):  
Lyusya Mozhechuk
Keyword(s):  
Legal Status ◽  
Pension Reform ◽  
Scientific Article ◽  
Pension Insurance ◽  
Legal Form ◽  
Social Nature ◽  
Legal Relationship ◽  
Legal Nature ◽  
Definition Of ◽  
Legal Entities

The article deals with study of the legal nature and specifics of pension legal relations in Ukraine in the context of pension reform. In the scientific article the definition of such concepts as «pension insurance», «pension» and «pension legal relations» is formed. The main features of pension legal relations are highlighted, in particular, the attention is paid to their redistributive and social-alimentary nature. The specific features of the subjects and the object of the pension legal relationship are disclosed. In particular, the legal status of general and special pension legal entities is provided. The features of the pension that distinguish it from other payments of a social nature are identified. The scientific article describes the relation between the concepts of «pension legal relations» and «legal relations in the field of pension provision». The attention is focused on the directions of reforming the sphere of pension provision of Ukraine and the measures taken at the first stage of reforming. The definition of pension provision of Ukraine is given. This is the kind of material security provided for by the legislation, granted that there are grounds specified by the current legislation of Ukraine. The organization-legal form of pension provision is a pension legal relationship that enables it not only to exist, but to function as a whole. By their legal nature, retirement relationships are complex and characterized by the presence of certain features, including a special subject and an object. Pension law relations have undergone significant changes today due to the first stage of Ukraine's pension reform.

scholarly journals STATE-CHURCH RELATIONS IN THE FIELD OF ECONOMY: CONCEPTUALITY AND PROBLEMS

2021 ◽  
Vol 77 (4) ◽  
pp. 60-68
Author(s):  
Pavlo Bochkov ◽  
Keyword(s):  
Economic Activity ◽  
Multilevel Model ◽  
Legal Status ◽  
Religious Organizations ◽  
Modern State ◽  
Conceptual Category ◽  
Economic Activities ◽  
Economic Relations ◽  
Legal Position ◽  
The Church

The article highlights the meaning and legal status of state-church relations, reveals their content and draws attention to the problems that accompany them. Identifies certain aspects of economic relations in the activities of religious organizations and establishes the features of their relationship with the legal policy of the state. Attention is paid to the types of problematic issues of economic activity of representatives of religious organizations and the directions of their elimination are determined. The author's position on the expediency of expanding the clear apparatus of this process by introducing the category of "economic and legal regulator of state-church relations" is presented. The essential characteristics of the proposed conceptual category are presented in a broad and narrow sense, which provides a more substantive implementation in the legislative regulators of this area. The advantages of its adaptation in modern state-church relations, which affect economic activity, are determined in detail, with the substantiation of the chosen approach. The characteristics of typical models of state-church relations are given, the factors influencing their choice in the country are determined and the position of scientists on expediency of adaptation in Ukraine of the concept of formation of contractual-cooperative multilevel model of state-church relations is revealed. Of course, one should be aware of the legislator, who reveals the legal position on the formation of state-church relations in our society, but some issues of economic activity of religious organizations and communities need more substantive regulation, which emphasizes the relevance of the chosen area of research. A number of conclusions can be drawn from the results of the research. The legislative platform governing state-church relations needs to be improved, as there are a number of unresolved issues related to economic relations. Part of the solution to the problematic issues lies in the plane of improving the conceptual apparatus, which is able to more objectively reveal their target nature. Thus, the introduction of the conceptual category "economic and legal regulator of state-church relations" will provide more substantive. In general, a number of issues of modern state-church relations in the context of economic activity require closer attention both from the legislator and from representatives of the church, scientific elites, specialists in economic activities of religious organizations (communities), which together will improve the situation inherent in today.

scholarly journals Secondment Contracts: Several Problems

2016 ◽  
Vol 4 (10) ◽  
pp. 0-0
Author(s):  
Татьяна Коршунова ◽  
Tatyana Korshunova
Keyword(s):  
Present Article ◽  
Legal Status ◽  
Practical Interest ◽  
Service Contract ◽  
Legal Nature ◽  
Private Employment ◽  
Definition Of ◽  
Employment Agencies ◽  
Legal Entities

The secondment contract is a new one in Russian legislation, and the question of its legal nature is both of theoretical and practical interest. The article analyzes the contents of such contract, legal status of its sides. As a result of the conducted researches the author has reached the conclusion that the secondment contract cannot be recognized as a paid service contract, but it is a package contract mentioned in the legislation, the regulation of which is carried out using the norms of civil and labour laws. In addition, the problem of determining the parties of the secondment contract was considered in present article. The author noted that such contracts can be made not only by the private employment agencies but by other legal entities, including foreign legal entities and their affiliates (excluding individuals). The author proposed an unusual approach to the definition of "foreign entity" and "affiliate" which claims an attention. Also in the article were analyzed the legislative provisions restricting the possibility of concluding secondment contract.

scholarly journals THEORETICAL-METHODOLOGICAL BASIS OF THE INTERACTION PROCESS RESEARCH OF SUBJECTS OF DIFFERENT ECONOMIC AND LEGAL FORMS OF ECONOMY

2021 ◽  
Vol 4 (39) ◽  
pp. 328-334
Author(s):  
М. Politylo ◽  
О. Chubka ◽  
T. Smirnova
Keyword(s):  
Jel Classification ◽  
Common Goal ◽  
Economic Relations ◽  
Complex Concept ◽  
Cooperative Production ◽  
Provision Of Services ◽  
Financial Credit ◽  
Legal Forms ◽  
Market Relations ◽  
Cooperation System

Abstract. This article proposes to consider cooperation as a process of cooperation and interaction of subjects of different economic and legal forms of management, in order to comprehensively analyze various aspects of this concept and on this basis formulates the author’s content — interpretation of this category. In particular, in the article authors, highlighted some aspects of the interpretation of «cooperation» that most authors pay attention when exploring this concept. Firstly, the allocation of the economic meaning of cooperation, while paying attention to the disclosure of one of its most important characteristics — saving resources through their shared use. Secondly, consideration of the organizational and managerial aspect, which leads to the fact that the cooperation is formed primarily with the purpose of organizing the process of cooperation of many subjects of market relations for the realization of tasks both for the production of goods (industrial cooperation) and for the provision of services or various financial — credit operations (credit cooperation). Thirdly, by paying attention to the social attributes of the cooperative, where the main characteristic is joint socio-public mutual assistance in the process of achieving the goal. Depending on these aspects and characteristics of cooperation, the authors analyzed the existing approaches to defining the concept of «cooperation» as a process of cooperation and interaction of subjects of different economic and legal forms of economic activity, proposed by both domestic and foreign scientists. The authors outline the main characteristics of the content of «cooperation». The article also describes the author’s interpretation of the concept of cooperation in a broad sense. The defining meaning of the concept of «co-operation» is the system, since cooperation is an important system-forming element of socio-economic relations. If we treat the system as a set of interrelated elements, then the cooperative should be perceived as a system that connects certain elements, components to solve the common goal. Of course, cooperation should be seen as a rather complex concept, because it covers the whole system socially economic relations, including various legal and moral aspects. In addition, cooperation is a special system of harmonization of interests and in which the spirit of justice, corporate spirit, collectivity and corporate spirit are laid.Cooperation is a specific integrating, synthesizing, structural, system-forming element of the system of socio-economic relations, which aims to provide integration and interaction of subjects of different economic and legal forms of management common goal while minimizing costs. We believe that this concept should be understood broadly.The article states a clear distinction between the concepts of cooperation and cooperative, which are often identified in practice. Keywords: cooperative, production cooperation, labor cooperation, cooperation, system-forming element, emergence effect, synergistic effect. JEL Classification B49, L10 Formulas: 0; fig.: 1; tabl.: 0; bibl.: 13.

scholarly journals Mining and logging industries in the context of Ukraine's EU accession

2018 ◽  
pp. 58-64
Author(s):  
Yevheniia Kaliuha
Keyword(s):  
Legal Status ◽  
Balance Sheet ◽  
International Standards ◽  
Extractive Industries ◽  
Objective Information ◽  
National Importance ◽  
Disclosure Of Information ◽  
Business Entities ◽  
Legal Forms ◽  
Tax Payments

The purpose of the paper is to provide scientific and analytical substantiation for the organizational and legal forms of business entities of mining and logging sectors in accordance with the requirements of the EU Accounting Directive 2013/34 on the disclosure of complete and objective information of tax payments in favour of the state. Subject of study.Regulatory framework for the organizational and legal forms of economic entities of mining and logging sectors. The article substantiates the need for implementation in Ukraine of international standards and best practices of disclosure of information in the extractive industries (mining and logging) in accordance with the Initiative on providing transparency based on main provisions of the accounting Directive 2013/34/EU. Disclosure of information will provide the public with the possibility to access complete and objective information on payments of business entities that operate in the extractive industries in favor of their recipients, creating preconditions for publicly responsible use of minerals resources of national importance. For this purpose, the organizational and legal forms of business entities for the last three years (01.01.2015 - 01.01.2017) have been analyzed and the compliance of the Directive 2013/34/EU with their criteria has been determined.On the basis of the information received it is necessary to make adjustments to legal acts of the business entities in Ukraine. Conclusions. Organizational and legal status of economic entities operating in Ukraine (mining and logging industries) needs to be revised according to the requirements of the Directive 2013/34/EU and the current legal and regulatory framework. For this it is necessary to determine such indicators as total balance sheet and net turnover considering the average number of employees in the unit of account of European countries. This will lead to the business entities consolidation correspondingly to reducing their number, and will thereafter facilitate the administration of taxes in Ukraine.

scholarly journals General And Limited Partnerships: Features Of Legal Regulation In Ukraine And European States

2021 ◽  
pp. 130-142
Author(s):  
V.V. Anatiichuk
Keyword(s):  
Legal Status ◽  
Limited Liability ◽  
Legal Regulation ◽  
Entrepreneurial Activity ◽  
Legal Entity ◽  
Joint Activities ◽  
The Status ◽  
Legal Forms ◽  
Limited Partnerships ◽  
Legal Entities

The article focuses on one of the corporate forms of entrepreneurial activity - general and limited partnerships. Limited liability companies and joint stock companies are among the most popular legal forms of companies. However, the development of Ukrainian legislation moves in the direction of creating a system of different forms of entrepreneurship, which are aimed at different needs and interests of their founders. Such forms of entrepreneurship exist and operate successfully in Europe. Carrying out a comparative analysis in the article allows the author to confirm the existing thesis that there is no single vector in European countries concerning the legal status of these partnerships. Some states define these partnerships as legal entities, others - as a form of joint business activity. It is emphasized in the article that the European legal space is characterized by the use of the concept of defective legal entity. The author perceives any of these European approaches, but points to the need for its consistent reflection in all legal acts that determine the status of general and limited partnerships. The article supports the assertion formed in the scientific literature about the criticism of domestic legislation on general and limited partnerships. Such criticism concerns to those norms of Ukrainian legislation, which use untypical provisions for legal entities. All existing researches are directed to one aim - to develop a single vector in the regulation of general and limited partnerships. They should be regulated either as legal entities or as forms of joint activity on the basis of an agreement. The author states that the main attention in granting general and limited partnerships the status of a legal entity should be focused on clear boundaries between the liability of a legal entity and the subsidiary liability of its members. The article supports leading scholars’ critical assessment of the legislative definition of general partnerships as an association of persons for joint business activities. Based on the analysis of the definitions of a general partnership in EU law (for example, France), it is proposed to define a general partnership as an association of persons engaged in business activities through joint contributions of all participants (full partners) and their subsidiary liability for the company’s obligations. This wording indicates that the partnership itself carries out business activities, and not its members. The author also does not deny the possibility of introducing general and limited partnerships as associations of persons on the basis of an agreement on joint activities. At the same time, it is noted that all norms of national legislation should consistently adhere to such concept.

STRATEGY OF LIBERALIZATION AND PROBLEMS OF STATE REGULATION OF AZERBAIJAN ECONOMY

2019 ◽  
Vol 86 (3) ◽  
pp. 139-151
Author(s):  
G. Z. Yuzbashieva ◽  
A. M. Mustafayev ◽  
R. A. Imanov
Keyword(s):  
Economic Growth ◽  
Social Protection ◽  
State Intervention ◽  
Economic Transformation ◽  
State Regulation ◽  
Economic Relations ◽  
The Public ◽  
Private And Public ◽  
Sectoral Development ◽  
Market Relations

The indicators that determine the change in the macroeconomic situation in the economy of Azerbaijan in 2010–2017, as well as the conditions for increasing the effectiveness of state intervention in solving economic problems are analyzed. It is noted that it is not the size of the public sector that becomes important, but its qualitative component (management and redistribution of resources and revenues, coordination of government intervention in economic relations). The main reasons limiting economic growth are identified, and the mechanisms for overcoming them are disclosed, since economic growth is of particular importance in the transformational period of state development. It substantiates the assertion that the forms and methods of state regulation should be the result of a reasonable combination of the private and public sectors of the economy to more effectively achieve the goal of economic development of the country and increase the welfare of the population. To this end, it is advisable to limit the actions of market forces and find a rational ratio of market and government measures that stimulate economic growth and development.It is shown that in the near future the development of the economy of Azerbaijan should be focused on the transition to the integration of various models of economic transformation; at the same time, “attraction of investments” should be carried out by methods of stimulating consumption, and the concept of a socially oriented economy, which the state also implements, should prevail, thereby ensuring social protection of the population and at the same time developing market relations. Disproportions in regional and sectoral development are also noted, which are the result of an ineffective distribution of goods produced, inadequate investment in human capital, a low level of coordination and stimulation of economic growth and development.

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