The Problems of Regulating the Repayment of Claims of Bankruptcy Creditors in the Course of Bankruptcy Proceedings and the Application of the Institution of Offset of Homogeneous Counterclaims

Legal Concept ◽  
2021 ◽  
pp. 113-118
Author(s):  
Anton Zaitsev ◽  
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Comparative Law ◽  
Third Party ◽  
Methodological Framework ◽  
Scientific Cognition ◽  
Legal Structures

Introduction: the main goal of bankruptcy is satisfaction of creditors’ claims. In this connection, the legislator, based on the requests of law enforcement practice, must make changes to the current legislation, including the legalization of other ways to replenish the debtor’s bankruptcy estate. The author identifies the purpose of the study as a justification for the legislative consolidation of the possibility of legal succession by a particular person of the rights of bankruptcy creditors after the repayment of the latter’s claims. Methods: the methodological framework for the study is a set of methods of scientific cognition, among which the main ones are the methods of system, analysis, and comparative law. Results: the author’s position justified in the work is based on the needs of the institution of bankruptcy. Based on the analysis of the current legislation and the established law enforcement practice, the author shows the shortcomings of the existing legal structures used to repay creditors’ claims. Conclusions: the author proposed a variant of repayment of the claims of bankruptcy creditors by a third party, which is fundamentally different from the legally fixed structures and based on the possible subrogation of the transfer of the rights of bankruptcy creditors to it.

scholarly journals Article 176 of the Criminal Code of the Russian Federation: The Problems of Application and the Ways of Improvement

Legal Concept ◽  
2021 ◽  
pp. 164-168
Author(s):  
Saida Berkovskaya
Keyword(s):  
Law Enforcement ◽  
Market Economy ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Methodological Framework ◽  
Scientific Cognition ◽  
The Russian Federation ◽  
The Law ◽  
Criminal Legislation

Introduction: at present, it is impossible to imagine a modern market economy without loans. This is also evidenced by the data of the Bank of Russia on the volume of business lending. In the Russian criminal legislation, one of the barriers to the development of negative trends in lending is Article 176 of the Criminal Code of the Russian Federation. However, in the law enforcement practice, there are problems with the application of Article 176 of the Criminal Code of the Russian Federation. Purpose: to identify the problems of application of Article 176 of the Criminal Code of the Russian Federation and identify the ways to solve them. Methods: the methodological framework for the study is based on the methods of scientific cognition, which include the historical-legal, comparative-legal, formal-legal, logical and systematic approaches. Results: the paper discusses the problems of applying Article 176 of the Criminal Code of the Russian Federation, which establishes the liability for illegal receipt of credit and preferential credit conditions, as well as for illegal receipt of a state target loan, as well as its use for other purposes. To solve these problems, it is necessary to improve the disposition of the criminal law norm on credit fraud. Conclusions: as a result of the conducted research, it is established that currently in Russia, lending is an important tool for financing entrepreneurship. At the same time, under the influence of various factors, the cases of non-repayment of loans to the credit institutions have become more frequent. In this regard, the legal solutions are needed that can affect the growth of the negative processes in the field of lending, in particular, it is necessary to improve the criminal law provision providing for the liability for illegal obtaining of credit.

scholarly journals Features of the Criminal Identity in Acts of Extremism

Legal Concept ◽  
2020 ◽  
pp. 84-88
Author(s):  
Olga Yakovleva
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Scientific Knowledge ◽  
System Analysis ◽  
Methodological Framework ◽  
Distinctive Features ◽  
Analysis And Synthesis ◽  
Practice Methods ◽  
Criminological Analysis

Introduction: the problem of studying the identity of a criminal has always been the focus of criminology, criminal law, criminal procedure, criminalistics and other legal sciences. The criminal identity has individual distinctive features and qualities. The aim of the work is to identify, analyze and evaluate the characteristics of individuals in extremist crimes, and fix them for further use in the law enforcement practice. Methods: the methodological framework for the research is a set of methods of scientific knowledge, among which, first of all, we should mention the methods of system analysis and synthesis. Results: the paper presents a criminological analysis of the criminal identity in acts of extremism. The classification of persons who commit crimes of this group of crimes is determined. The necessity of a comprehensive approach in the development of the state policy in the field of prevention of extremist crime is emphasized. Conclusions: persons who commit crimes of extremism can be divided into several categories: 1) gang delinquents and violent protesters; 2) individuals with religious ideas who are perpetrators of crimes of extremism; 3) persons who provide assistance (including organizational and sponsorship) to the extremist communities and groups, as well as attract extremist criminals for their power purposes.

scholarly journals Selling international law enforcement: Elite justifications and public values

2020 ◽  
Vol 7 (3) ◽  
pp. 205316802095678
Author(s):  
Melissa M. Lee ◽  
Lauren Prather
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Public Support ◽  
International Order ◽  
Third Party ◽  
Public Values ◽  
Norm Enforcement ◽  
The Usa ◽  
The Law ◽  
Order Increase

International law enforcement is an understudied but indispensable factor for maintaining the international order. We study the effectiveness of elite justifications in building coalitions supporting the enforcement of violations of the law against territorial seizures. Using survey experiments fielded in the USA and Australia, we find that the effectiveness of two common justifications for enforcement—the illegality of a country’s actions, and the consequences of those actions for international order—increase support for enforcement and do so independently of two key public values: ideology and interpersonal norm enforcement. These results imply elites can build a broad coalition of support by using multiple justifications. Our results, however, highlight the tepidness of public support, suggesting limits to elite rhetoric. This study contributes to the scholarship on international law by showing how the public, typically considered a mechanism for generating compliance within states, can impede or facilitate third-party enforcement of the law between states.

Current State of Legislation, Law Enforcement and Judicial Practice in the Sphere of Conclusion, Modification and Termination of Lease Agreements for Land Plots, Concluded for Construction Purposes

2020 ◽  
Vol 1 ◽  
pp. 16-23
Author(s):  
V. V. Cheremukhin ◽  
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Legal Regulation ◽  
Scientific Development ◽  
Synthesis System ◽  
Judicial Practice ◽  
Current State ◽  
General Scientific ◽  
Statistical Indicators

Construction, as a sphere of the national economy, has impressive statistical indicators, determining the importance and relevance of its proper legal regulation, especially in terms of land use for relevant purposes. This article discusses the current situation in the sphere of provision of land plots for construction purposes, further alteration and termination of the relevant lease relations; provides a detailed analysis of the current legislation, law enforcement and judicial practice in such sphere. The purpose of the article is to analyze and summarize legislation judicial and law enforcement practice in this area, as well as the development of specific directions for a comprehensive dissertation research, proposals for improving the legislation regulating these relations. This goal is achieved by solving tasks such as studying of the existing legal regulation of disputed legal relations, law enforcement and judicial practice, identification of problematic and conflict-of-laws issues in the field under consideration, review of the degree of scientific development of the research topic, determination of trends in the development of this sphere of legal relations, development of specific proposals for changing legislation and law enforcement practice. General scientific (synthesis, system analysis, analogy) and special (formal-legal, comparative-legal) methods are used to solve the above problems. Based on the results of consideration of these issues, the author formulates the main problems of the legal relations under consideration, an assessment of the current degree of scientific development of this field is given, the main directions of the planned scientific research are also outlined, proposals are formulated to improve legislation and law enforcement practice.

scholarly journals KENDALA PENEGAKAN HUKUM TINDAK PIDANA KORPORASI DALAM BIDANG PERPAJAKAAN DI INDONESIA

2021 ◽  
Vol 10 (2) ◽  
pp. 116-137
Author(s):  
Dr.Bambang Ali Kusumo,S.H,Mhum.
Keyword(s):  
Law Enforcement ◽  
Secondary Data ◽  
Legal Culture ◽  
Tax Law ◽  
Applicable Law ◽  
Individual Person ◽  
Procedural Law ◽  
Legal Structures ◽  
Data Source ◽  
The Subject

The subject of Tax Law is an individual (person) and a Legal Entity or Corporation. In the enforcement of tax law, there are often deviations from the Tax Law, both committed by individuals and corporations. Efforts to resolve these irregularities for person actors are easier to resolve in accordance with applicable law, but for corporate actors there are many obstacles. What is this obstacle, is revealed through research. The research was carried out with the type of juridical nomative research, the nature of the research was descriptive. The dominant data source is secondary data, which includes primary legal materials, secondary legal materials and tertiary legal materials. The results of the study indicate that the obstacles that arise in law enforcement against corporations are caused by weaknesses in legal substance, weaknesses in legal structures, weaknesses in legal culture and weaknesses in procedural law.  

scholarly journals Corruption in the Economy of Ukraine

2021 ◽  
Vol 10 (3) ◽  
Author(s):  
Andrii Kofanov ◽  
◽  
Nataliia Pavlovska ◽  
Maryna Kulyk ◽  
Yuliia Tereshchenko ◽  
...  
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Public Life ◽  
Law Enforcement Officers ◽  
The State ◽  
Key Issues ◽  
Internal Affairs ◽  
National Police ◽  
Economic Crimes

The research was conducted on the basis of the method of system analysis and generalization of information obtained during the survey conducted by different categories of law enforcement officers who carry out pre-trial investigation of the said crimes, as well as reports from the Ministry of Internal Affairs of Ukraine, the National Police of Ukraine, National Anti-Corruption Bureau of Ukraine, etc. for 2016-2019. The most relevant motives and methods of committing corruption crimes were analyzed and found that bribery and corruption were the first among economic crimes, and the increase in the number of these crimes was facilitated by the high corruption of state bodies in various spheres of public life. The key issues that will reduce the level of corruption in the state are outlined.

scholarly journals Comparative Law Analysis of Consumer Protection Law in E-Commerce Transaction Between Indonesia and United States

2021 ◽  
Vol 5 (2) ◽  
pp. 11-25
Author(s):  
Felix Pratama Tjipto
Keyword(s):  
United States ◽  
Law Enforcement ◽  
Consumer Protection ◽  
Rapid Growth ◽  
Comparative Law ◽  
Legal Framework ◽  
Abuse Of Power ◽  
Online Transactions

Innovation of technology and rapid growth of digitalization is steadily increasing its capacity in supporting human daily tasks, one of which is through online transactions that are increasing rapidly due to the occurrence of COVID-19 pandemic which forces people to do their activities from home. Nevertheless, the increased usage of technology directly affects the rise in creating loopholes and abuse of power which may violate the regulations and consumer’s rights in doing online transactions. This paper shall discuss and provide comparative and statute approach analysis between Indonesian and U.S law, its creation methods, organizations involved and law enforcement since it is important to address this issue in order to ensure that the enforcement of a solid legal framework is really being applied to regulate this matter. 

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