scholarly journals The Features of Consumer Rights Violations in Online Trading

Legal Concept ◽  
2021 ◽  
pp. 149-154
Author(s):  
Zaur Mammadli ◽  
Keyword(s):  
Data Privacy ◽  
Legal Regulation ◽  
Global Scale ◽  
Actual Condition ◽  
Special Method ◽  
Commercial Activity ◽  
Comparison System ◽  
Global Trends ◽  
Consumer Rights ◽  
Business Entities

Introduction: the development of the Internet and e-commerce has largely changed the habits, behaviors, and preferences of consumers. This dynamic and efficient means of providing goods has been able to overcome many of the obstacles inherent in offline trading. This became especially relevant in 2020 and does not lose its relevance at the present time in the situation of the lockdown precedent on a global scale. It is possible to increase the protection of business entities and, first of all, consumers, if there is an effective system of the legal regulation of the sphere under consideration. There is a need for legally established guarantees, an appropriate level of legal regulation, effective measures, methods and means implemented within the framework of monitoring the compliance with the norms of the current legislation. To protect the rights of consumers, respect their legitimate interests, and create a civilized competitive environment, the state must fully establish legal means to ensure the rule of law in the field of online commerce without restricting the freedoms of entrepreneurs. The purpose of the paper is to review the current state of the violations of the rights of participants in economic relations that occur when making online purchases. Methods: in the process of writing the paper, general scientific methods (qualitative and logical analysis, synthesis, induction, deduction, comparison, system approach, retrospective analysis, morphological analysis), and a special method (scenario analysis) were used. Results: the main aspects related to the legal regulation of electronic commercial activity regarding the protection of buyers are considered. It is indicated that when buying through e-commerce, various violations of consumer rights often occur. This is expressed, in many cases, in the discrepancy between the actual condition of the goods provided to the buyer with the information contained on the seller’s website, in the delivery of goods with obvious defects, non-compliance with the requirements of GOST. Conclusions: the protection of the rights of online buyers includes two main aspects. First, it concerns the protection of consumer rights regarding the improper quality of the delivered goods, the specifics of the purchase return, and the funds spent. Secondly, what the world community pays considerable attention to is the legal regulation and protection of consumer data privacy. It is noted that domestic researchers place more emphasis on the first aspect of the problem. It is indicated that the improvement of the legal regulation of e-commerce should be carried out following the global trends in the development of international law in this area.

scholarly journals The Concept of Business and Human Rights in the Context of Current Global Trends

2021 ◽  
pp. 48-63
Author(s):  
Hanna Hulievska ◽  
Liudmyla Adashys
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
Subject Area ◽  
International Regulation ◽  
Global Trends ◽  
Business And Human Rights ◽  
Business Entities ◽  
Legal Forms ◽  
Human Rights Standards ◽  
The Impact

The article is devoted to the concepts of business and human rights in metamodernism era (postpostmodern), when the contradictory processes of globalization and glocalization of economical and legal relations simultaneously create new opportunities and challenge the actuality and effectiveness of legal mechanisms of promotion of human rights in business field.It is emphasized that despite some progress in promoting the concept of business and human rights,the question whether international and national law is able to oblige businesses to sustain humanrights remains relevant. It is determined that the concept of business and human rights is based onthe categories of public interest, which is realized and taken into account by voluntary commitmentand implementation of relevant obligations of business entities and positive obligations of the statein the field of human rights. The article analyzes political and economic global trends and challenges which influence theconcept of business and human rights. Increasing asymmetry and inequality, changes in the systemof international economic institutions, especially financial, development of digital technologies,contradictory processes of integration and disintegration, expansion of illegal business and migration,the phenomenon of “Black Swans,” global economic crises and the covid -19 pandemic areprompting the necessity to provide sustainable development and social responsibility to business.Emphasis is placed on raising the level of awareness of business about the necessity and expediencyof observing human rights standards not only for ethical reasons, but also as a means of improvingtheir own success and competitiveness.The article also examines the main trends in the development of law which occur under the influenceof globalization and the demand for a new social contract, such as socialization, anthropologizationand ecologization of law, increasing the impact of crises, conflicts, pandemics on the content of law,expanding the scope and range of legal issues. changing the ratio of international and national legalregulation, changes in the subject area, raising the topics of non-state and global law, convergenceof public and private, changes in the system of sources of international law, blending of legal andnon-legal forms of regulation.It is emphasized that one of the trends in the development of international regulation of businessresponsibility in the field of human rights is the demand for more “strict” legal regulation, but thequestion is the realism and effectiveness of “strengthening” the legal force of international acts aboutbusiness responsibility in the field of human rights.The opinion on its own regulatory value of norms of soft law in the given sphere is expressed.

FEATURES OF FUNCTIONING OF INVESTMENT-INNOVATIVE ACTIVITY. DOMESTIC AND FOREIGN EXPERIENCE

2020 ◽  
Vol 2 (3) ◽  
pp. 90-96
Author(s):  
A. P. DROZDOVA ◽  
◽  
S. M. MOLCHANOVA ◽  
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Economic Incentives ◽  
Intellectual Activity ◽  
Accounting Data ◽  
Foreign Companies ◽  
Scientific Potential ◽  
The Russian Federation ◽  
Innovative Potential ◽  
Business Entities

The article discusses information sources in assessing the effectiveness of innovations, types of cash inflows, cash outflows in the context of the organization's operational, investment and financial activities. The problem of insufficient relevance of accounting data in the analysis of the effectiveness of investment in innovation is reflected. The need for systematization of the current regulatory legal acts of the Russian Federation to integrate information on the results of intellectual activity into a single mechanism for effective management of the development of innovative potential of the Russian Federation is noted. The experience of foreign companies in the investment and innovation sphere is summarized. The factors influencing the development of the scientific potential of Russian companies and the need to introduce economic incentives for innovation entities are presented. The functions of the RF authorities in the field of legal regulation of innovations for the successful development of mechanisms for interaction between business entities and the state, the protection of intellectual property and the growth of the effectiveness of the practical application of innovative developments are generalized.

Restoring the financial health of debtors: Changing approaches in the legislation

2021 ◽  
Vol 20 (5) ◽  
pp. 959-971
Author(s):  
Andrei L. BELOUSOV
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Financial Health ◽  
Regulatory Enforcement ◽  
The Past ◽  
Legal Method ◽  
The Russian Federation ◽  
Business Entities ◽  
Financial Recovery

Subject. The article considers the development of the institution of bankruptcy in the context of the emerging legal environment in this area. Objectives. The focus is to study the development of relations in the bankruptcy sphere in the Russian Federation that relate to inefficient procedures aimed at the financial recovery of business entities, and to formulate the main directions for further changes in the legal regulation of this area. Methods. The study employs research methods, like logical and structural analysis, systems and functional approach, the formal legal method. Results. The paper reveals the essence, specific features and legal regulation of bankruptcy, assesses the regulatory enforcement based on the existing law on insolvency, formulates the key problems of the law enforcement practice of business entities that has been formed over the past 20 years, defines further directions of changes in the legal regulation of bankruptcy relations in the Russian Federation. Conclusions. Changing the approaches to the current bankruptcy system in favor of expanding the application of rehabilitation procedures for restoring the solvency of debtors will enable to support businesses that are in difficult financial situation. This will result in preservation of employment, increased tax revenues to budgets at various levels, improved competitiveness of Russian businesses. The findings may be useful in terms of theory, for the study of issues relating to the concept, essence and legal regulation of the institution of bankruptcy in the Russian Federation, and in practice, for developing proposals to improve regulations in this sphere.

On the emergence of new branches in the legal system of Ukraine

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Zemko Alla ◽  
◽  
Pyndor Yulia ◽  
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Human Life ◽  
Legal Regulation ◽  
Current Approach ◽  
Modern World ◽  
Negative Attitudes ◽  
Global Trends ◽  
Qualified Personnel ◽  
Regulation Method

The article analyzes the current approach to the identification of new branches in the legal system of Ukraine.The modern world does not stand still and is constantly evolving and gives impetus to the development of all spheres of human life, respectively, there are relationships that require legal regulation.Some scholars believe that in the presence of an independent subject of legal regulation, its ownmethodology of legal regulation and a set of specialized legislation, it is possible todistinguish an autonomousbranch of law. It is determined that the emergence of new branches of law is hindered by the dominant concept of the existence of only the main ones. Proponents of this concept categorically reject the possibility of the existence of relevant secondary, complex branches of law. This scientific approach inhibits the study of modern social relations. Negative attitudes towards the separation of new branches of law inevitably lead to gaps in the field of special legal research and, as a consequence, to a lack of qualified personnel with specialized knowledge. It is suggested to take into account the positive experience of foreign colleagues of lawyers who boldly present the achievements of current practices and are not afraid to consider them branches of law, we mean educational, sports, military, gender, «cryptocurrency», admiralty law and others. It is concluded that the division of law into new branches allows more effective regulation of legal relations in relevant areas, given that global trends are increasingly in demand for universal lawyers, but with specialization, with in-depth knowledge in one or more areas of law. Keywords: branch of law, subject of legal regulation, method of legal regulation, complex branch of law

scholarly journals The problem of waste in the Russian Federation

2018 ◽  
Vol 193 ◽  
pp. 02030 ◽  
Author(s):  
Kseniya Kovalenko ◽  
Nataliya Kovalenko
Keyword(s):  
Russian Federation ◽  
Environmental Safety ◽  
Legal Regulation ◽  
Global Scale ◽  
Waste Utilization ◽  
Industrial Wastes ◽  
Household Waste ◽  
Solid Domestic Waste ◽  
The World ◽  
The Russian Federation

This article discusses the problems of environmental safety in the sphere of disposing of domestic and industrial wastes in the environment as one of the most important aspects of sustainable development of society. At present, this problem is one of the top priorities and is being solved at the world level. With the emergence of the consumer nature of society, the issue of waste disposal becomes more acute, requiring immediate solutions on a global scale. At present, the quantity and variety of solid household waste (MSW) in the countries is rapidly increasing. This is typical not only for industry, agriculture, megacities, but also for individual residents. At the beginning of 2014, the Russian Federation accumulated more than 35 billion tons of waste. The problem of garbage is not just a difficulty, but a global environmental challenge. One of the main reasons is that there are no mechanisms for regulating the market for collection and processing of solid domestic waste in Russia. We can also say that there is a shortage of specialists in this field, competent managers capable of establishing the entire chain of waste utilization. In the Russian Federation, this problem is as acute as it is throughout the world. Unauthorized landfills are one of the components of this problem. The state should pay more attention to legal regulation of this issue, engage in environmental and legal culture of citizens in order to prevent the emergence of unauthorized landfills, their prompt liquidation, and protect the constitutional rights of citizens to an environmentally safe environment.

scholarly journals THEORETICAL BASIS OF ECONOMIC SECURITY OF THE ENTERPRISE

2021 ◽  
Author(s):  
Nadya Fisunenko ◽  
Dmitro Dyachenko
Keyword(s):  
Theoretical Basis ◽  
Professional Training ◽  
Legal Regulation ◽  
Economic Security ◽  
Work Process ◽  
Personnel Policy ◽  
Low Level ◽  
Labor Discipline ◽  
Business Entities

The article is devoted to the study of problems in the field of economic security of the enterprise. The essences of the concepts «danger» and «threat» are analyzed, their main properties are determined. The main types of danger are identified, according to the magnitude of the possible consequences. The main types of hazards include «warning», which has the following characteristics. They are: set of circumstances that have developed in the enterprise, to which it is necessary to react. The peculiarities of the evolution of threats have been studied. The actuall scheme of evolution of threats has been built, considering the concepts of «risk», «danger» and «threat». The classification of economic threats and risks according to the main features (by area of distribution and objects of influence) as components of economic security of the enterprise are formed. The main causes of economic threats have been identified. They are: insufficient adaptation of individual business entities to dynamic and constantly changing market conditions; general insolvency of business entities; growing crime; low level of labor discipline and responsibility of employees of enterprises, insufficient legal regulation of some activities; as well as low professional level of a significant part of the management and employees of the enterprise. It is determined that the causes of physical threats are: inefficient personnel policy of business entities, low professional training, insufficient level of security of enterprises, banks, low control over the work process of employees. The causes of intellectual threats are studied. They are first of all inefficient personnel policy of the enterprise, secondly, violation of non-disclosure agreements and the principle of publicity of results, then, intensification of competition in the markets along with low level of information security or its absence. It is proposed that in order to effectively ensure the economic security of the enterprise, first of all, it is necessary to focus on the presence of various threats, risks and dangers and try to minimize their impact in time.

scholarly journals Commercial and Legal Regulation of Advisory Services in the Ukrainian Agrarian Business Prospect Reform

2020 ◽  
Vol 9 (3) ◽  
pp. 538
Author(s):  
Inna Kovalchuk ◽  
Olesia Melnyk ◽  
Anna Pakhomova
Keyword(s):  
Agricultural Sector ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Commercial Law ◽  
Commercial Activity ◽  
Advisory Services ◽  
Consulting Services ◽  
Agrarian Policy ◽  
Fourth Level ◽  
Agricultural Business

The article is devoted to theoretical and practical aspects of reforming the commercial and legal regulation of advisory services in the agrarian business of Ukraine. The characteristic of agricultural advisory activity model structure in Ukraine is given, which currently consists of several levels of subjects of such activity: the first level - national, nationwide; second level - regional; third level - local; fourth level - personal. Particular attention is given to the legal analysis of the essence of "advisory services in the agricultural business" as a type of commercial activity, and taking into account the provisions of the current legislation, it is proved that in its essence and legal nature - agribusiness advisory is an institution of commercial law. The article examines and characterizes a typical business agreement for the provision of advisory services in the agricultural sector of the Ukrainian economy, the essential conditions for this type of contracts are given, and their characteristics are defined. The advisory activity is seen as an effective instrument of state agrarian policy. Keywords: commercial and legal regulation, advisory service, advisory activity, agrarian business, advisor, expert consulting services, consulting

scholarly journals EFFICIENCY OF STATE REGULATORY POLICY IN THE PERIOD OF COVID-19 PANDEMIC: ADMINISTRATIVE-LEGAL ASPECT

2021 ◽  
Vol 76 (3) ◽  
pp. 92-100
Author(s):  
Оleksandr Makarenko ◽  
◽  
Nataliia Makarenko ◽  
Keyword(s):  
Regulatory Policy ◽  
Legal Aspect ◽  
Legal Regulation ◽  
Constitutional Rights ◽  
Law Enforcement Agencies ◽  
Criminal Offenses ◽  
Local Government Level ◽  
The Government ◽  
Business Entities

The main scientific and practical results of the analysis of the legitimacy of the actions of the Cabinet of Ministers of Ukraine during the introduction of anti-epidemic measures to combat the COVID-19 pandemic are presented. The peculiarities of exercising the Constitutional rights of citizens and the possibility of restricting them in a lawful manner, the risks of corruption as a result of the introduction of certain restrictions by the government and the creation of grounds for abuse of power and official duties have been studied. It is proposed to introduce a compensation mechanism for business entities to minimize financial losses and mitigate the tax burden at the local government level, as well as options for legal regulation of the relevant activities of the Cabinet of Ministers of Ukraine as a central executive body. Established that in the current legislation, namely in the Constitution of Ukraine, there is only one way to restrict the rights of citizens who can only be implemented through a mechanism for adopting a special law or amendments to the current laws. It is proved that to ensure effective and transparent administrativelegal regulation of state regulatory policy during the implementation of anti-epidemic measures to combat the COVID-19 requires the improvement of individual laws and subordination regulations that will in detail the activities of representatives of power and law enforcement agencies during detection and fixing offenses, otherwise it will create the basis for the emergence of corruption relations and commit criminal offenses with simultaneous leveling of the effectiveness of anti-epidemic measures. According to the authors, it is advisable to predict the need for automatic introduction of certain compensation measures at the level of regions, subject to the introduction (continuation or introduction) of anti-epidemic measures to combat the COVID-19. It is confirmed that in the event of improving the relevant legal acts, the risk of corrupt legal relations will be reduced, increased quality of state regulatory policy during the introduction of anti-epidemic measures to combat the COVID-19 and created universal compensation measures for small and medium-sized businesses that will be able to quickly and effectively applied in a country's scale.

scholarly journals Regulation of advocacy profession: global trends

2021 ◽  
Vol 39 (69) ◽  
pp. 689-706
Author(s):  
Tetiana Vilchyk ◽  
Alla Sokolova ◽  
Tetiana Demchyna
Keyword(s):  
Self Regulation ◽  
Legal Profession ◽  
The United States ◽  
Legal Regulation ◽  
International Standards ◽  
Global Trends ◽  
Scientific Methods ◽  
General Scientific ◽  
Different Sources ◽  
Regulatory Models

The objective of the article is to analyze the regulation of the legal profession and its global trends. There are many different types of regulators globally, and many different sources and methods of regulation. There is no simple approach to setting goals for regulating the legal profession in different legal systems. Although self-regulation of the legal profession is considered the basis for adhering to the standard of its independence, at the same time, academics recognize the existence of the theory of the management of the legal profession. To study these problems, the authors conducted a comparative study of the regulatory models of the legal profession in the world in terms of compliance with international standards of legal independence in different legal jurisdictions and made some suggestions to improve the legal regulation of the legal profession in Ukraine. Empirical sources for scientific research were international documents, court decisions, national legislation of Great Britain, Canada, the United States, Ireland, Scotland, Australia and others, and the work of scientists. The article uses general scientific methods - dialectic, analysis, synthesis, analogy, etc., and special methods, particularly legal, historical, and formal comparative law.

scholarly journals ACCOUNTING OUTSOURCING: CURRENT STATE AND PROBLEMS OF PRACTICAL IMPLEMENTATION

2021 ◽  
Author(s):  
Olena Koba ◽  
Keyword(s):  
Data Privacy ◽  
Information Leakage ◽  
Practical Implementation ◽  
Additional Time ◽  
Extra Effort ◽  
Current State ◽  
Analysis And Synthesis ◽  
Business Entities ◽  
Reasonable Choice ◽  
Main Activity

The purpose of the article is to determine the theoretical and organizational principles of application of accounting outsourcing by business entities. Methodology. Methods of analysis and synthesis were used to determine the characteristics and features of the organization of accounting outsourcing. The generalization of the existing experience of application of accounting outsourcing is carried out by a monographic method. On the basis of economic analysis and comparison, trends in the development of accounting outsourcing are identified. Methodology. The development of outsourcing is explained by its ability to increase the competitiveness of products, to promote the introduction of the latest advances in scientific and technological progress, to optimize costs. The application of knowledge and experience of specialists specializing in solving certain issues allows to focus the resources of companies on the development of strengths and promising areas and not to spend extra effort and money on the development of new non-core activities. The generalization of statistics on the current state of outsourcing in Ukraine shows that its effective application is hampered by the lack of free financial resources to invest in new management technologies, lack of awareness of business entities about the experience of outsourcing and the market of outsourcing services, lack of legal mechanisms. Generalization of functionally-oriented, cooperative, managerial, instrumental, integrated, situational, complex approaches gives grounds for outsourcing to understand the management tool, which allows to concentrate the resources of the business entity on the main activity, provides profit growth and increase competitiveness through contractual transfer, non-core functions of specialists or companies that specialize in their implementation and perform more efficiently than the entity. Among the advantages of outsourcing there are reducing the cost of accounting, improving service quality, accountability, confidentiality, tax optimization, reducing the likelihood of fraud by employees, ensuring impartiality and objectivity of accounting, access to additional resources in the field of finance, accounting and tax calculations. However, outsourcing has certain disadvantages, namely the risk of information leakage, possible lack of efficiency, formal performance of duties, liquidation of the outsourcing company, loss of control over own resources and part of the case may be lost, additional time to agree on the terms of the contract. Minimize the disadvantages of outsourcing allows careful and reasonable choice of outsourcing company, which should take into account: data privacy guarantee, staff qualifications, cost of services, reputation, popularity, experience of the outsourcer in the market, flexibility in organizing services, application of the latest technical solutions, outsourcing it has standards of interaction and internal procedures.

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