scholarly journals WAREHOUSE STORAGE OF GRAIN CONTRACT: ITS CONCEPT AND SPECIFICS

2020 ◽  
pp. 71-75
Author(s):  
I. Iakubovych
Keyword(s):  
Legal Regulation ◽  
Raw Material ◽  
Grain Storage ◽  
Legal Nature ◽  
Provision Of Services ◽  
Warehouse Storage ◽  
The Subject ◽  
The Law ◽  
Grain Market ◽  
The One

The Law of Ukraine "On Grain and the Grain Market in Ukraine" of 4 July 2002 defines grain as the fruits of cereals, legumes and oilseeds used for food, seed, fodder and technical purposes. Peculiarities of grain as a valuable agricultural raw material determine the peculiarities of its storage, which affects the specifics of legal regulation in this area. The article clarifies the characteristics of a grain storage contract, substantiates the list of its essential conditions, examines the legal nature and features of grain storage documents, identifies shortcomings in the legal regulation and execution of grain storage contracts, and substantiates proposals to eliminate them. It is established that the legal nature of the contract of warehouse storage of grain is manifested in the following: it is a contract for the provision of services; it is a public contract; it is a written contract; it is a bilateral contract; as a rule, it is a retaliatory contract; it is a fixed-term contract; it is a real contract; concluded in a special order; it is a contract of accession. The article proves that the essential terms of the grain storage contract are: the subject matter of the contract (grain storage services with preservation of its quality and prevention of losses above natural); the object of the contract (grain of a certain type, class, quantity, which is defined in the contract of grain storage); the term of the contract (with an indication of a certain period of time or without specifying the one that determines the validity of the contract to the first claim of the pledgor). In order to simplify the circulation of grain storage documents and reduce the level of abuse in the grain market, it is proposed to amend Article 961 of the Civil Code of Ukraine, the Law of Ukraine "On Grain and Grain Market in Ukraine" and the Law of Ukraine "On Certified Warehouses and Simple and Double Warehouse Certificates" in order to provide the legal possibility of issuing warehouse certificates in electronic form. Keywords: a double warehouse certificate; grain; grain storage; a grain storage contract; grain storage documents; a simple warehouse certificate; a warehouse receipt.

scholarly journals LAW AS A VALUE, VALUES IN LAW (PART TWO)

2021 ◽  
Vol 1 (91) ◽  
pp. 69-79
Author(s):  
Aleksandrs Baikovs
Keyword(s):  
Legal Culture ◽  
Legal Regulation ◽  
Legal Order ◽  
Legal Consciousness ◽  
Apparent Lack ◽  
A Value ◽  
The Subject ◽  
The Law ◽  
The One ◽  
Fundamental Values

The paper deals with the category of "values", the Rights as a value, and fundamental values of law; including freedom, justice, and equality have been analyzed.The relevance of the research is determined not only by the apparent lack of exploration of the problem but also by the fact that the value of rights and legal values determine direction and meaning, as well as the content of the rules of law, which is their normative expression, and, ultimately, appearing as a kind of basis for the legal culture, the source of the formation of the legal consciousness and establishing legal order, ensuring the efficiency of legal regulation due to the using the embodiment in reality of freedom, justice, equality.Legal norms themselves acquire the importance of values and become the subject of evaluation. Among values themselves, which act as an ideal justification of law rules, the law rules themselves and assessments, on the one hand, there are not only close ties but also mutual transitions. Therefore, both their interrelated explanations and differentiation are necessary.

On Legal Nature and Classificatory Identity Standards of Law Enforcement Ethics

2016 ◽  
Vol 4 (5) ◽  
pp. 0-0
Author(s):  
Рафаиль Валиев ◽  
Rafail Valiev
Keyword(s):  
Law Enforcement ◽  
Negative Impact ◽  
Legal Regulation ◽  
Problem Situation ◽  
Legal Nature ◽  
The Status ◽  
The Subject ◽  
The Law ◽  
Legal Forms ◽  
Enforcement Activity

Based on the problem situation conditioned by indeterminacy of institutional position of the standards of law enforcement ethics within the mechanism of contemporary law enforcement regulation, the author attempts to analyze the legal nature of the above standards. The study reveals that the legal nature of standards of law enforcement ethics is conditioned by the necessity to protect the identity of citizens and the law enforcement system itself from the negative impact produced by various forms of irregular conduct by subjects of law enforcement. As a result of comparing the standards of law enforcement ethics and the rules of law the author establishes that according to the technical-legal forms of their external expression and other attributes, as well as their regulatory potential, the standards of law enforcement ethics are comparable to the status of the rules of law. The study permits us to conclude that the standards of law enforcement ethics possess the classificatory identity typical of the protective rules of law represented by relations in the field of law enforcement activity. This identity is conditioned by the specificity of the subject of their regulation. The standards of law enforcement ethics are of subsidiary significance as they supplement and develop standards of status laws in matters of legal regulation of the moral aspect of the law enforcement activity.

scholarly journals Some issues of improving the rule and order in the light of the problem of implementing the initial norms (on the example of the norms of penal law)

2019 ◽  
Vol 13 (2) ◽  
pp. 186-192
Author(s):  
E. V. Svinin ◽  
Keyword(s):  
Social Relations ◽  
Legal Regulation ◽  
Legal Practice ◽  
Law And Order ◽  
Social Efficiency ◽  
Penal Law ◽  
The Subject ◽  
The Law ◽  
The One ◽  
Primary Form

The subject of research is social relations in the field of improving the law and order. The purpose of the study is to provide a general theoretical analysis of the characteristics of the implementation of initial norms for the development of proposals for improving the law and order. In legal science there is an ambivalent attitude towards the initial norms: on the one hand they are recognized as fundamental for the organization of the system of legal regulation. On the other hand the forms of implementing the initial norms are practically not studied. Applied value for the improvement of legal regulation and the state of the rule of law is minimal. The lack of scientific knowledge in the field of the implementation of the initial norms indicates the incompleteness of the particular theory of right-realization. The study of this problem will make it possible to intensify the efforts of scientists in the scientific understanding of the system of legal regulation, the effectiveness of law and order. The implementation of the initial norms is two-level in nature: the primary form of implementation are the norms – behavior rules and their complexes (institutions and industries), secondary (subsequent) – is legal practice which allows to comprehensively assess the legal and social results of legal regulation. Low social efficiency the contradiction between the legal and social results of legal regulation indicate that legal practice is not a form of implementation, but a violation of initial norms. Lawful practice acquires socially destructive features, which makes it necessary to improve the law and order by amending legislation. The findings of the study can be used in studying the problem of the effectiveness of legal regulation, the development of measures to improve the criminal and penal policy.

scholarly journals Features of the implementation of a public offer agreement in e-commerce in Ukrainian, Polish and Russian law

2020 ◽  
Vol 5 (5) ◽  
pp. 133-138
Author(s):  
Oleksandr Kosychenko ◽  
Illia Klinytskyi
Keyword(s):  
Legal Regulation ◽  
Electronic Format ◽  
Optimal Solutions ◽  
Provision Of Services ◽  
The Subject ◽  
The Russian Federation ◽  
Russian Law ◽  
The Republic ◽  
Public Offering ◽  
Public Offer

Given the specifics of the provision of services and sales of goods on the Internet, the contract of public offer is the most common and close to the electronic format of the agreement. However, in Ukraine, the Russian Federation and the Republic of Poland, as in other countries, the use of this type of legal instruments has a number of problems related to the legal regulation and the procedure for concluding an agreement. This paper examines the main aspects of the legal implementation of public offer agreements in the above countries. Thus, the subject of the study is the contract of public offering as a legal phenomenon. The purpose of the work is to determine the main problems of concluding a public offer contract in electronic mode, and to find optimal solutions in the context of the stated issues, based on the legislation and practice of selected countries

scholarly journals Legal status of the company's share in own authorized capital under the Law of Ukraine “On limited and additional liability companies”: problems of legal regulation

2021 ◽  
Vol 11/1 (-) ◽  
pp. 31-36
Author(s):  
Volodymyr TSIUPRYK
Keyword(s):  
Legal Status ◽  
Limited Liability ◽  
General Meeting ◽  
Legal Regulation ◽  
Legal Nature ◽  
The Law ◽  
The Right ◽  
A Company ◽  
Authorized Capital ◽  
A Share

Introduction. Nowadays, the issue of determining the legal status of the company's share in the own authorized capital of LLC and TDV has become quite acute, as evidenced by the adoption on July 28, 2021 by the Commercial Court of Cassation in Case № 904/1112/20, in which the Court established a new approach legal nature of such a phenomenon and expressed his own position on the understanding of the legislation concerning the legal status of the share of LLC and TDV in its own authorized capital. Given that a limited liability company is the most popular type of legal entity that is chosen to conduct business in Ukraine, the analysis of this issue is relevant. Some scientific value for the development of the transfer of the participant's share are the works of individual authors devoted to the study of the legal nature of the share in the authorized capital but the problems arising around the legal status of the company. in their own authorized capital in these works were only mentioned along with others, but did not receive a detailed separate study. The purpose of the paper is to analyze the normative regulation of the legal status of the company's share in the own authorized capital of LLCs and ALCs, identification of shortcomings in their legal regulation and implementation, as well as the search for ways to eliminate them. Results. One of the most relevant decisions concerning the subject of this article is the Judgment of the Commercial Court of Cassation in case № 904/1112/20 of July 28, 2021. The court in this case found that the votes attributable to the share belonging to the company itself are not taken into account when determining the results of voting at the general meeting of participants on any issues. However, Ukrainian legislation does not contain any direct norms that would prohibit the exercise of the right to manage a company in relation to itself on the basis of a share in its own authorized capital. That is why the company cannot be a participant in relation to itself, although they seem logical, but do not have sufficient regulatory support, and therefore do not allow to be firmly convinced of their compliance with the law. In view of this, it can be stated that there is a significant gap in the national legislation on this issue, which, in our opinion, the Court failed to “fill” with this decision in the case. Conclusion. In the Ukrainian legislation at the level of the Law of Ukraine “On Limited and Additional Liability Companies” Article 25 defines the possibility for a company to acquire a share in its own authorized capital. However, the regulation of the legal status of such a share cannot be called sufficient, due to which in practice there are certain problems in the implementation of the provisions of the legislation concerning the share of the company in its own authorized capital. The solution of these legal problems is necessary to ensure the highest quality and clarity of the law, as well as to form case law with common approaches to understanding a single rule.

scholarly journals Nemzetközi kitekintés az első szakképzési törvény korszakáról

2019 ◽  
Vol 6 (1) ◽  
Author(s):  
István Lükő
Keyword(s):  
Legal Regulation ◽  
The Political ◽  
Training Centre ◽  
25Th Anniversary ◽  
International Dimension ◽  
Political Events ◽  
New Directions ◽  
The Law ◽  
The Government ◽  
The One

A cikk a szakképzési törvény megjelenésének 25. évfordulója alkalmából rendezett „25 éves a szakképzési törvény - Korszakos változások - új irányok” című konferencia előadása alapján készült, amelyet a szerző vezette Az első szakképzési törvény gazdasági- társadalmi környezete nemzetközi kitekintésbe című Panel keretében tartott.Ez a negyedszázados esemény a társadalmi-gazdasági szinten zajló rendszerváltás fontos része volt a másik két oktatási alrendszer törvényi szabályozásával együtt.Az írás ezt a korszakot, illetve a törvényhez kapcsolódó gazdasági-társadalmi környezetet mutatja be nemzetközi kontextusban.A téma elvi-elméleti felvezetéseként a szerző áttekinti a különböző szempontok és léptékek szerinti szakképzési modelleket, amelyek a világban fellelhetők. The government formed after the political events in 1989 considered the comprehensive transformation of the educational system, primarily by legal regulation, as one of their main tasks. After years of preparation, the three acts on education were passed in 1993, including the Act on VET. Several documents, e.g. the National Qualification Registry, are connected to this law; in this article I have undertaken to examine these connections and to make comparisons to other countries. On the occasion of the 25th anniversary of the law taking effect, on May 5th 2018 the Hungarian Association for Pedagogy and the Teacher Training Centre of the BME organized a monumental conference titled The Law on VET becomes 25 years old – Epochal changes – new directions in Budapest at the BME. After the plenary sessions, five panels were held – I was the moderator of the one titled: The socio-economic environment of the first VET act in an international dimension, and I held a short lecture here with a similar title. 

Renewal of the Land Lease Agreement: Problems of Theory and Judicial Practice

2020 ◽  
Vol 27 (3) ◽  
pp. 48-62
Author(s):  
Vitalii Urkevych
Keyword(s):  
Legal Regulation ◽  
Practical Significance ◽  
Structural Method ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Subject ◽  
The Law ◽  
Important Object ◽  
And Performance ◽  
Lease Agreement

Land is the most important object of the environment. It is an indispensable means of production in agriculture, the territorial basis for the location of various objects. It is argued that the proper functioning of land lease relations is a guarantee of sustainable economic circulation, a guarantee of the exercise of rights and performance of duties by both the lessor and the lessee of the land. The issue of renewal of the land lease agreement after its expiration is debatable. The purpose of the study is to outline the existing theoretical and law enforcement problems regarding the renewal of the land lease agreement, to make proposals to eliminate the latter. To achieve this purpose, a system-structural method of scientific knowledge was used, which helped analyse the prescriptions of the legislation on renewal of the land lease agreement, their relations and interaction were highlighted. The study proves that the lessee's pre-emptive right exists to renew the land lease agreement only for the same period and on the same terms and in the absence of objections to such renewal by the lessor. If the lessee tries to change the essential terms of the land lease agreement and in the absence of the lessor's consent to such changes, the lessee's pre-emptive right to enter into a land lease agreement for a new term is terminated. It is emphasised that in each dispute it is necessary to establish the good faith of the lessor’s actions to refuse to renew the land lease agreement with one person (lessee) and the subsequent conclusion of the agreement with the new lessee. The use of the category of "less protected" party in land lease legal relations appears debatable, because depending on the subject composition of the parties to these legal relations, such a party can be both a lessee and a lessor. It is concluded that the Supreme Court should unify the practice of applying the provisions of the law on the renewal of the land lease agreement (only in combination with other regulations or autonomously, with the use of the principle of "tacit consent"). The possibility of autonomous application of such instructions is indicated by the provisions of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning Counteraction to Raiding”. The revealed shortcomings of the legal regulation of the renewal of the land lease agreement after its expiration indicate the directions of improvement of the legislation in land lease, which has practical significance

LIMITS OF JUDICIAL DISCRETION IN ASSESSING THE LEGAL BEHAVIOR AND LEGAL EFFECTIVENESS

2021 ◽  
Vol 10 (6) ◽  
pp. 84-100
Author(s):  
N.V. ZAYTSEVA
Keyword(s):  
Civil Society ◽  
Law Enforcement ◽  
Legal Regulation ◽  
Current Level ◽  
Judicial Discretion ◽  
Social Phenomenon ◽  
Formal Approach ◽  
The Will ◽  
The Law ◽  
The One

The article is devoted to the study of the concept of legal effectiveness in the context of the goals and purpose of law in general and separately in the private law relations. Since the law is a complex social phenomenon, the author paid special attention to the issues of refraction of normative tasks through the prism of judicial discretion. Law enforcement practice, on the one hand, shows the viability of a particular norm and its compliance with the current level of development of civil society, however, it can also distort the spirit of the law, which will not allow achieving the necessary legal result. Judicial discretion regarding the interpretation of certain legal elements and in assessing the behavior of participants in legal relations can lead to the transformation of legal relations, which does not allow to realize the goals set by the subjects. It is noted that the regulation of the limits of judicial discretion would help to ensure effective legal regulation. Assessing the behavior of participants due to the lack of mechanisms for proving the actual intentions of the parties is difficult for most countries of the continental legal system; therefore, a formal approach prevails and qualifies the will of the parties recorded exclusively in writing.

scholarly journals Art. XVII.—On the Cotton Trade of India

1860 ◽  
Vol 17 ◽  
pp. 346-387
Author(s):  
J. A. Mann
Keyword(s):  
The State ◽  
Raw Material ◽  
The Subject ◽  
The One ◽  
The Way ◽  
Cotton Trade

The great and increasing importance attaching to the question of Cotton supply renders any remarks which may throw light on the subject, of peculiar interest; the fact that the value of our cotton manufacture now exceeds sixty million pounds sterling annually— consuming therein upwards of four hundred thousand tons of the simple fibre—employing nearly one hundred million pounds sterling of capital—and giving employment directly and indirectly to about four millions of our countrymen, is alone so startling and withal so colossal as almost to defy comprehension. That a fibre so simple, and with us but a century since so little known and appreciated, should now give rise to such wealth and comfort, almost partakes of fiction; and one knows not how sufficiently to praise the ingenuity of Wyatt, Kay, Hargreaves, Arkwright, and Crompton, who led the way to raise the manufacture in little more than a century to its present prodigious proportions. But the extension, not to say the sustenance, of this trade, is primarily dependent upon the supply of the raw material: upon this, the one hundred millions of our capital, and the livelihood of near four millions of our countrymen is dependent, a matter so serious and of such magnitude, as to make the question one of the State; the appalling result only contemplated of one year's stoppage of the supply, is sufficient to force a dread of the slender basis upon which the magnificent fabric depends. Our legislators are however now fully alive to its importance, and it is pleasing to mark the attention the matter receives amid the turmoil of our immense governmental affairs.

scholarly journals Digital accountability for LEAs: balancing technical possibility, legal permissibility and societal acceptability

2020 ◽  
Author(s):  
◽  
Fraser Sampson
Keyword(s):  
Legal Regulation ◽  
Rapid Expansion ◽  
Law Enforcement Agencies ◽  
Public Expectation ◽  
Qualitative Knowledge ◽  
Technical Possibility ◽  
The Law ◽  
Important Extension ◽  
The One ◽  
Political Economic

The expansive proliferation of social media, electronic devices and data processing capabilities has presented Law Enforcement Agencies (LEA) with a dilemma. On the one hand there is a need for/opportunity to expand capability, adapting practices and policies to capitalise on what is now technically possible (not only in the application of data technology but also in the context of what can be achieved within the technical conventions of the law), utilising citizens’ data and actively encouraging their collation and sharing as part of everyday community policing. On the other, the development in data technology has been accompanied by a rapid expansion in public expectation and a need for greater legal regulation, all combining to bring an important extension of police accountability. The focus of the research is thus how can LEAs balance that which is technically possible against what is legally permissible and societally acceptable? Moving from the known to the needed, the published work draws upon and addresses the size and shape of the dilemma, identifying gaps and supplying “evidence-informed management knowledge” (Tranfield et al 2003) at both an individual and organisational level. Providing a themed and coherent new praxis for LEAs the work identifies how LEAs must balance the availability of data with the rapidly increasing public expectations of privacy, security, confidentiality and accountability, collecting and connecting the qualitative knowledge and practice that resides in distributed places and people, in order to establish a previously unrecognised body of work that focuses on both opportunities and obligations, in order to promote an understanding of the ‘law in context’ and ultimately increase police effectiveness. The direction of the work follows a series of influences and confluences, tributaries and deltas of change flowing towards the same unequivocal destination: an original contribution to “knowledge about the traditional elements of the law and also about the quickly changing societal, political, economic and technological … aspects of relevance.” (Langbroek 2017).

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