scholarly journals Transnational Corporations as Business Entities in the Banking Sector

Legal Concept ◽  
2021 ◽  
pp. 137-143
Author(s):  
Tatyana Kokoreva
Keyword(s):  
Banking Sector ◽  
Transnational Corporations ◽  
Transnational Corporation ◽  
International Capital ◽  
Economic Relations ◽  
Judicial Practice ◽  
International Economic Relations ◽  
Business Entities ◽  
Definition Of ◽  
Transnational Bank

Introduction: the paper is devoted to the study of the essence of understanding TNCs in the banking sector through the analysis of such concepts as “transnational company (corporation)”, “international company (corporation)”, “international bank” and “transnational bank”. To this end, the author examines the concept and features of transnational corporations in the banking sector, their essential features, highlighted by the civil doctrine and used by judicial practice. Using the methods of scientific cognition, primarily the method of system and comparative analysis, the author identifies the constituent features of a transnational corporation by applying an insight-substantive approach to the study of the concept of TNCs as the largest intermediary in the system of international capital migration. Results: it is established that in the modern scientific literature there is no single approach to understanding the transnational corporation in the banking sector. In order to determine the main approaches to the understanding of TNCs in the banking sector, the author’s approaches to the definition of this phenomenon are systematized. The study identifies three groups of approaches: a TNC as a national company transcending the state; a TNC as a set of national companies; a TNC as a parent company operating in several states. Conclusions: the author concludes that a TNC in the banking sector should be understood as a transnational bank operating in several countries on the basis of an institutionalized network of representative offices operating on the basis of the national legislation of the countries of operation, which allows them to ensure the international movement of capital in order to diversify the economy and stimulate the innovative development of international economic relations.

FEATURES OF THE LEGAL STATUS OF TRANSNATIONAL CORPORATIONS

2017 ◽  
Author(s):  
Victoria Kudryavtseva ◽  
◽  
Julia Vretch ◽  
Alexandra Radchenko ◽  
◽  
...  
Keyword(s):  
International Organizations ◽  
Economic Activity ◽  
Legal Status ◽  
National Level ◽  
Transnational Corporations ◽  
Legal Regulation ◽  
Economic Relations ◽  
International Economic Relations ◽  
Legal Model ◽  
Definition Of

Transnational corporations are currently the leading economic entities, in view of this, the article explored the main approaches to the definition of TNCs and the selection of those features that reveal their legal nature. Particular attention is paid to the peculiarities of management of transnational corporations in the context of globalization of economic activity. It is concluded that in the field of international economic relations TNCs are a generally recognized subject of economic activity. The legal status of TNCs is controversial. At present, TNCs are not an independent legal model, as they do not have a stable and limited set of legal features that are applied on the basis of appropriate legal regulation at the international or national level. The author draws attention to the fact that the main purpose of TNCs is to make a profit. Therefore, any associations that pursue other goals as the main one (public, purely organizational) should be excluded from the scope of study of TNCs. A feature of TNCs in this context is the desire to make a profit internationally. At the same time, it is noted that the national law establishes the rules of law for the regulation of associations (groups) of legal entities, determining for them a specific organizational form. There is no appeal directly to TNCs, due to the inexpediency of regulating their activities only within the framework of national law. It is indicated that the concept of TNCs may be suitable for several types of associations that have the characteristics that are reflected in the documents of international organizations devoted to the study and regulation of TNCs. Therefore, the author noted that the characterization of TNCs should be based on those features that are enshrined in international documents developed within international organizations and aimed at research and regulation of TNCs. Currently, the most detailed concept of TNCs is developed in global investment reports.

scholarly journals Foreign trade security and its support system as a special element of economic security of the state

2020 ◽  
Vol 28 (3) ◽  
pp. 597-607
Author(s):  
Anna Yu. Pak
Keyword(s):  
Foreign Trade ◽  
Economic Security ◽  
The State ◽  
External Influence ◽  
Main Constituent ◽  
Economic Relations ◽  
International Economic Relations ◽  
Definition Of ◽  
Constituent Elements

The article offers a classification of types of economic security and separately identifies foreign trade security as the most important element of the states economic security in the context of global escalation of trade contradictions in international trade. The essential characteristics of foreign trade security, characterized by permanent external influence, are revealed. Based on the identified features and characteristics, the definition of foreign trade security is given as a state of protection of exports and(or) imports from threats caused only by external influence, but not internal, in contrast to other types of economic security. It is shown that it is impossible to achieve the state of full provision of foreign trade security of the state in the conditions of participation in international economic relations. To resolve the contradiction between the goal of maximizing the effect of foreign trade activities and the simultaneous need to ensure security, we propose the formation of a scientifically-based system for ensuring foreign trade security and identify its main constituent elements.

scholarly journals Business splitting: compliance with the principle of tax certainty in law enforcement practice

2020 ◽  
Vol 4 (2) ◽  
pp. 41-48
Author(s):  
Karina A. Ponomareva
Keyword(s):  
Tax Evasion ◽  
Legal Consciousness ◽  
Splitting Scheme ◽  
Judicial Practice ◽  
Legal Method ◽  
New Business ◽  
Scope Of Application ◽  
Tax Benefits ◽  
Business Entities ◽  
Definition Of

The subject. The problems of business splitting, when several new business entities are created on the basis of an existing organization in order to maintain a preferential special tax regime, are considered in the article. The aim of this paper is to find out criteria of unjustified tax benefit in the cases concerning business splitting. The methodology. The author uses methods of theoretical analysis, particularly the theory of integrative legal consciousness, as well as legal methods, including formal legal method and analysis of recent judicial practice. The main results, scope of application. The problems of assessing the circumstances of cases involving the application of a business splitting scheme by the taxpayer are inextricably linked to the assessment of the validity of the tax benefit. According to the author, splitting schemes should not be considered as tax evasion, but as an abuse of law. In addition, in order to substantiate the conclusion that a taxpayer has applied a business splitting scheme, the tax authority must have evidence that will indicate that the taxpayer has committed deliberate concerted actions together with persons under its control, aimed not so much at dividing the business as at obtaining an unjustified tax benefit as a result of using such a scheme. Judicial practice is quite ambiguous. Conclusions. The author comes to the conclusion that еhe key concept subject to criticism is the blurred criteria for obtaining tax benefits for taxpayers and the definition of the edge when it passes into the category of unjustified tax benefit.

scholarly journals Flaws in taxation of transnational corporations using the transfer-pricing rules

2020 ◽  
pp. 58-63
Author(s):  
Anastasiia Andreevna Iugina
Keyword(s):  
Transfer Pricing ◽  
Transnational Corporations ◽  
Transnational Corporation ◽  
International Taxation ◽  
Lack Of Information ◽  
Pricing Rules ◽  
The Subject ◽  
Definition Of ◽  
Available Information

The subject of this research is the transfer-pricing rules applied in various countries, their peculiarities and flaws from the standpoint of approach to taxation of transnational corporations overall; as well as practical issues of implementation of transfer-pricing rules for transnational corporations and fiscal authorities, namely the problems of avoidance of taxation by the representatives of transnational corporations and ambiguity of the applied approaches towards regulation. The author examines differences in the rules applied by various jurisdictions, as well as law enforcement problems emerging thereof. Relevance of the topic is substantiated by high significance of transfer-pricing rules for taxation of transnational corporations, as well as the need for ensuring universality in international taxation. The main conclusions lie in determination of substantial ambiguity in the transfer-pricing riles, associated with the lack of information on comparable transaction in the available information systems, as well as assessment of rules with regards to each individual situation. The mechanism employed by the Organization for Economic Cooperation, aimed ate elimination of flaws in transfer-pricing rules, such as consensual procedure, are expensive and often ineffective for transnational corporations. Therefore, elimination of dual taxation is achieved only in some situations. Differences of legislation on transfer pricing in various jurisdictions can also lead to dual taxation of transnational corporations. Moreover, the “arm’s length” principle do not allow reflecting synergetic effects that emerge in the context of activity of transnational corporation, and thus, definition of taxation base within the framework of acting transfer-pricing rules is incomplete.

scholarly journals The choice of tactical approaches to the implementation of enterprise strategy in terms of innovative development

2021 ◽  
Vol 39 (7) ◽  
Author(s):  
Kateryna Doroshkevych ◽  
Oleksander Maslak ◽  
Uliana Motorniuk ◽  
Volodymyr Zhezhukha ◽  
Marta Terebuh ◽  
...  
Keyword(s):  
Market Competition ◽  
Strategy Implementation ◽  
Retail Trade ◽  
Practical Implementation ◽  
Enterprise Strategy ◽  
Economic Relations ◽  
Market Capacity ◽  
International Economic Relations ◽  
Western Ukraine ◽  
Definition Of

In order to increase the level of efficiency of strategic management of the enterprise as a result of strategy implementation by means of various tactical approaches, the article investigates methods and models for selecting tactical approaches to strategy implementation: enterprise strategy and tactics tree (S&T tree), marginal approach to the choice of tactics, hidden Markov model, method of morphological analysis, etc. Critical analysis of the methods has proved the necessity of combining them in order to increase the effectiveness of the mathematical apparatus, which is designed to reduce the subjectivity, which is inherent in heuristic methods (provided by most of the studied methods).In order to achieve the goals of the article, it is recommended the procedure for choosing tactical approaches to implementing the strategy: definition of the purposes and tasks, information maintenance of process of a choice of the tactical approach; formation of a set of strategic approaches for realization of strategy of the enterprise for what it is possible to use elements of a suffix tree; selection of criteria for acceptability of the tactical approach (Boolean variables that characterize the costs of the enterprise and the implementation of the tactical approach, the level of prices for finished products and services, market capacity in which the company operates, the level of market competition, international economic relations) and their expert evaluation; formation of a table of values of the Boolean function of an acceptable tactical approach to implementing enterprise strategy and evaluating the Boolean vector number; formation of an evaluation scale depending on the set of tactical approaches of the enterprise; selection tactical approach on the recommended scale.The practical implementation of the recommended procedure at TMC «Lvivholod» Ltd. (the company is one of the leaders in the retail trade of Western Ukraine with more than ten years of experience in retail, it ranks 5th place in the all-Ukrainian ranking of networks by number of outlets) has allowed to choose a tactical approach, which involves the transformation of existing products in the enterprise, the formation of their new features and subspecies that can meet the different needs of consumers, the development of quality characteristics of the enterprise's products, excellent product properties..

Transformation of Civil Law Regulation of Bank Lending to Environmental Entrepreneurship in the Russian Federation and the European Union

Legal Concept ◽  
2021 ◽  
pp. 136-142
Author(s):  
Tatyana Kokoreva ◽  
Keyword(s):  
Banking Sector ◽  
Civil Law ◽  
Bank Lending ◽  
The European Union ◽  
Social Goal ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Definition Of ◽  
Single Approach ◽  
Law Regulation

Introduction: the paper considers the study of the issues of the civil law regulation of bank lending to environmental entrepreneurship through the analysis of such concepts as “green banking”, “environmental entrepreneurship”, and “social goal of green financing”. Purpose: the author examines the concept and features of bank lending to environmental entrepreneurship, their essential features, highlighted by the civil doctrine and used by judicial practice. Using the methods of scientific cognition, primarily the method of systematic and comparative analysis, the author identifies the constitutive features of bank lending to environmental entrepreneurship by applying an essential-substantive approach to the study of the concept of environmental entrepreneurship and its development in Russia with the help of bank lending. Results: it is established that there is no single approach to understanding bank lending to environmental entrepreneurship in the modern scientific literature. To determine the main approaches to understanding bank lending to environmental entrepreneurship, the author’s approaches to the definition of this phenomenon are systematized. Conclusions: the author concludes that there are no methodologically sound approaches to the financing of environmental entrepreneurship in the banking sector. It seems that the solution to such a problem is possible by creating a universal framework for the methodological support of risk assessment to apply bank lending to environmental entrepreneurship.

THEORETICAL AND METHODOLOGICAL ASPECTS OF THE FORMATION OF INDUSTRY COMPETITIVENESS IN THE CONDITIONS OF STRENGTHENING INTERNATIONAL ECONOMIC RELATIONS

2019 ◽  
pp. 213-219
Author(s):  
Olena Akymenko ◽  
Vladyslav Andarak
Keyword(s):  
Economic Relations ◽  
Organizational Conditions ◽  
Eu Member States ◽  
Industrial Enterprises ◽  
Key Characteristics ◽  
International Economic Relations ◽  
Industry Competitiveness ◽  
Definition Of ◽  
State Programs ◽  
Methodological Aspects

The article summarizes the scientific material on the research topic and substantiates the idea that nowadays there is a substantial need to expand the range of Ukrainian products presented in the world markets, which requires increasing their competitiveness to the level of EU Member States. It has been given the definition of the concept of «industry competitiveness», which refers to a permanent ability to withstand competition due to the existing technical, economic and organizational conditions for mining, processing, and production of high-quality products that meet the requirements of specific consumer groups. It has been defined the principles of a systematic approach to competitiveness management, including systematic, integrity, structuring, balance, fairness, limited rationality, multiplicity, development, infinity, ensuring the attractiveness of positions, involvement, reliability of information, warnings, correspondence in time and space. There are a number of key characteristics of competitiveness, namely: relativity, objectivity, dynamism, integration, belonging to a specific competitive market, need for purposeful formation, immanence, uniformity, adequacy. It has been proved that the combination of restoration of the productive and financial capacity of industrial enterprises and the implementation of state programs on stimulation of economic development will help to increase the competitiveness of domestic industry.

scholarly journals THE ROLE OF COORDINATION OF INDUSTRIAL POLICIES OF MEMBER STATES INTEGRATION ASSOCIATIONS IN CONDITIONS OF GLOBALIZATION

2019 ◽  
pp. 225-239
Author(s):  
V. Нursky
Keyword(s):  
International Economic ◽  
Industrial Policy ◽  
Transnational Corporations ◽  
International Integration ◽  
Industrial Policies ◽  
Economic Relations ◽  
Foreign Countries ◽  
International Economic Relations ◽  
Qualitative Changes

The article discusses the phenomenon of coordination of industrial policies as a way to resolve the conflict of modern international economic relations. The concept of modern industrial policy in the context of deepening globalization and expansion of international integration is clarified. It is proposed to expand the number of subjects of industrial policy by including transnational corporations, international financial organizations and industrial lobbies of foreign countries. The qualitative changes in the system of international economic relations due to the transformation of the interests of the subjects of industrial interaction are revealed, which increases the role of national industrial policies and causes an objective need for their interstate coordination and subordination.

Legal support for the activities of agricultural transnational corporations in Ukraine

2021 ◽  
Vol 28 (2) ◽  
pp. 234-242
Author(s):  
Mykhaylo V. Shulga ◽  
Ganna S. Korniyenko ◽  
Ivan V. Yakoviyk
Keyword(s):  
Crop Production ◽  
Agricultural Sector ◽  
Animal Husbandry ◽  
Transnational Corporations ◽  
Transnational Corporation ◽  
Legal Regulation ◽  
Agricultural Producers ◽  
Depth Analysis ◽  
Agricultural Business ◽  
Definition Of

Agricultural transnational corporations have always expressed interest in Ukraine as a state with a strong natural potential and good and reliable prospects for agribusiness. Under the influence of factors such as climate change, an unprecedented increase in the world's population and, as a result, a high demand for agricultural products, this interest will increase, and the role of agricultural transnational corporations will grow every year. Therefore, one of the most urgent research and practical problems that lawyers will have to solve is the definition of the key term “agricultural transnational corporations” and the identification of their features. This will allow the Ukrainian legislator to regulate complex and multidimensional relations with their participation in the agricultural sector as accurately as possible and, in particular, govern relations concerning the activities of these subjects of agricultural business, and eliminate gaps in the current legal regulation. Considering this, the purpose of this study was to attempt establishing the essence of agricultural transnational corporations as a legal phenomenon based on an in-depth analysis and to define this term, classify these corporations on certain grounds and establish the specific features of their activities. The study was conducted considering the existing legal support of these participants in agribusiness relations. Research methods included a set of philosophical, general scientific, and special legal methods. The synergetic research method was the fundamental method of understanding the legal support of agricultural transnational corporations. It was proved that an agricultural transnational corporation is a complex entity that engages in agricultural activities in two or more countries, is managed and controlled from a single centre and comprises a parent company, subsidiaries, branches, and departments. The study analysed positive and negative aspects of the activities of agricultural transnational corporations. It was established out that the following agricultural transnational corporations act in Ukraine: in the field of crop production, animal husbandry, processing, servicing agricultural producers, and with mixed activities (simultaneously engaged in both crop production and animal husbandry). It was emphasised that the agricultural chain of a transnational corporation can cover different countries

scholarly journals JAPAN IN INTERNATIONAL CAPITAL MOVEMENT

2016 ◽  
pp. 274-285
Author(s):  
S. M. Rebrey
Keyword(s):  
International Economic ◽  
Capital Flows ◽  
Direct Investment ◽  
International Capital Flows ◽  
Capital Movement ◽  
International Capital ◽  
Global Trends ◽  
Economic Relations ◽  
International Economic Relations ◽  
Analysis Of Dynamics

Japan, the largest net exporter of investment plays one of key roles in the in-ternational capital flows and has a serious impact on the global trends in this important dimension of international economic relations. Vast amounts of for-eign direct investment (FDI) outflow are important for the Japanese national economy as well, since Japanese overseas production in some areas reaches 40% and is an important part of its industrial potential. However, FDI inflow remains low, indicating an unbalanced participation of Japan in the international capital flows. Japan in international capital flows presents a field for complex numerous research. This article concentrates on analysis of dynamics and geographical structure of capital flows, reveal the trends, and estimate the effect of Abenomics.

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