scholarly journals COMPETITIVE PROCESS DEVELOPMENT IN UKRAINE IN THE 2000s

2020 ◽  
pp. 38-43
Author(s):  
V. Radziviliuk ◽  
R. Poliakov
Keyword(s):  
Legal Status ◽  
Process Development ◽  
Driving Forces ◽  
Legal Regulation ◽  
Bankruptcy Law ◽  
Legal Personality ◽  
Judicial Practice ◽  
Procedural Code ◽  
Bankruptcy Procedure ◽  
Legal Mechanism

The article deals with the chronology of the legal regulation for bankruptcy in Ukraine at the stage of its economic recovery, clarifies the essence of its elements, as well as the effectiveness of the entire legal mechanism and its individual components. The authors pay attention to the legal regimentation of the bankruptcy procedure and to the legal acts that regulate its implementation. The main novelties and shortcomings of these acts and their impact on law enforcement practice and on the economy as a whole are highlighted. The article considers the approaches of the legislator to the settlement of the legal status of creditors, their representative bodies, the arbitration managers, as well as the implementation of certain court procedures applied to the debtor at different stages of bankruptcy legislation development. It was found that the Bankruptcy Law, as amended in 2002, became one of the driving forces of Ukraine's economic growth. It is determined that the Recommendations of Supreme Economic Court of Ukraine have highlighted one of the key provisions (principles), in particular the priority of the Bankruptcy Law over other legal acts and the latter can be applied in insolvency as much as necessary and possible. It is substantiated that the Bankruptcy Law, as amended in 2011, contained both the development of judicial practice as well as revolutionary provisions and the achievement of technical progress in the field of the Internet, which contributed to bringing the bankruptcy proceedings to a higher level. It is argued that a number of provisions of this law were used in the preparation of the Commercial and Procedural Code of Ukraine and the Civil Procedural Code of Ukraine. It is determined that a number of the most important provisions of the legislation of the period under study were not reflected in the latest bankruptcy legislation, in particular: clear conditions for initiating bankruptcy proceedings; variety of bankruptcy procedures applied to debtors with legal personality; indefinite circle of subjects of bankruptcy and those persons who are not included in the named circle.

scholarly journals Multinational (Transnational) Companies as Subjects of Public International Law // Multinacionalne (transnacionalne) kompanije kao subjekti međunarodnog javnog prava

2017 ◽  
Vol 7 (7) ◽  
pp. 110
Author(s):  
Boris Krivokapić
Keyword(s):  
International Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Multinational Companies ◽  
Legal Capacity ◽  
Legal Personality ◽  
Transnational Companies ◽  
The One ◽  
International Legal Personality

The paper deals with international legal status of multinational (transnational) companies. The first part gives an overview of this entities and the specifics of their role in the modern world.In the second part, the author deals with the elements of international legal personality of multinational (transnational) companies. Such as international legal regulation of the position of these entities, their specific rights and obligations under international law, international responsibility, process subjectivity before certain international judicial bodies and the special relationship (partnership) with international organizations. It should be added that not only that international law acknowledges their existence, but also multinational companies themselves at least in part influence the development of that law.In the concluding remarks the author notes that multinational (transnational) companies do not have all the elements of a full international personality, the one that is inherent to states. However, even if not complete their personality is beyond doubt. Although between them, depending on the case, there are major differences, there is no dispute that, from the perspective of international law, at least some multinational companies have the legal capacity (the ability to be the holder of a larger or smaller circle of rights and obligations established by international law), legal capacity (the ability to conclude international agreements, create international custom, etc.), tort capacity (the ability to provide for the legal bears responsibility for violating the norms of international law), process capability (active and passive legitimacy before some international courts), etc. In all likelihood, along with the expected further strengthening of the economic, but also political and every other power and role of the companies themselves, their international personality will also become more and more developed, At one point this will require global (universal) agreement which would precisely define rights, but, in particular, the duties and responsibilities of these entities.

THE OMBUDSMAN INSTITUTION IN TURKMENISTAN

2019 ◽  
Vol 1 (XIX) ◽  
pp. 19-33
Author(s):  
Andrzej Pogłódek
Keyword(s):  
Legal Status ◽  
National Policy ◽  
Legal Regulation ◽  
The State ◽  
Fundamental Rights ◽  
Author State ◽  
Legislative Framework ◽  
Legal Mechanism

This article reviews existing Turkmenistan legislation about the legal status of Ombudsman. The analysis of normative-legal acts, which laid the legislative framework of legal regulation of the legal status of Ombudsman as an element of the state national policy to protection of fundamental rights in the Turkmenistan. This issue was analyzed based on the systematic, comparative and legal approaches. Indicated good solutions, as well as flaws in legal mechanism of serving interest of protection of fundamental rights by the Ombudsman. And conclusions of the study the author state that there is a need of the improvement of the Turkmenistan legal base of the Ombudsman.

scholarly journals FORMATION OF THE BANKRUPTCY PROCESS (BANKRUPTCY PROCEEDINGS) AND ITS DEVELOPMENT IN THE 1990s IN INDEPENDENT UKRAINE

2020 ◽  
pp. 27-33
Author(s):  
R.B. Poliakov
Keyword(s):  
Legal Status ◽  
Bankruptcy Law ◽  
Economic Downturn ◽  
Negative Consequences ◽  
Industrial Enterprises ◽  
Competitive Process ◽  
Bankruptcy Procedure ◽  
The Law ◽  
Xix Century ◽  
Financial Recovery

The article is devoted to the formation and development of the competitive process in independent Ukraine, namely in the 90s of the twentieth century, during its economic downturn. The normative legal acts of that period, which regulated the insolvency relations and the corresponding Explanations of the Supreme Arbitration Court of Ukraine, are studied. It is emphasized that the first act of the competitive process of independent Ukraine — the Bankruptcy Law at 1992, proved to be very simple to solve the problems of insolvency of large industrial enterprises. The author accentuates that this law in its essence resembled the competitive process of the XIX century, where there was only a liquidation procedure. The lack of a full-fledged financial recovery procedure, traditional measures of the bankruptcy process, a professional arbitration manager and legal deadlines for the regulation of bankruptcy proceedings led to litigation and unjustified liquidation of strategic industrial enterprises for the state. It is argued that the purpose of the Explanations of the Supreme Arbitration Court of Ukraine dated 18.11.1998 was to increase the efficiency of the law itself, mitigate the negative consequences of its application, resolve problems of simultaneous settlement of commercial disputes in litigation with consideration of monetary claims of creditors in bankruptcy proceedings. The important points of this Clarification are emphasized concerning the application of procedural norms, the legal status of the participants in the case, the structure and content of the application for initiating bankruptcy proceedings, the functions of the court, the work of the liquidation commission, etc. It is noted that the Clarification not only facilitated the work of arbitration courts and participants in the bankruptcy proceedings, but also allowed to properly understand the essence of the bankruptcy process itself, previously unknown to the legal science of Ukraine. It is argued that the Bankruptcy Law at 1999 was of revolutionary significance for the development of the bankruptcy process in Ukraine. He significantly intensified the activities of arbitration courts. Significantly increased the number of bankruptcy cases initiated by debtors, including large industrial enterprises. In many cases, the courts began to apply reorganization and amicable agreement procedures. There are differences between the Bankruptcy Laws at 1992 and 1999, in particular in their direction. As a result of the study, the author concludes that the benefits provided by the Bankruptcy Law of 1999 could be used by debtors in respect of whom cases were initiated under the "old" version of the Law. The activities of arbitration managers allowed to maximize the efficiency of the bankruptcy procedure in terms of financial recovery of debtors and repayment of creditors’ claims.

scholarly journals Legal Status of Animals in Ukraine and Poland

2019 ◽  
Vol 1 ◽  
pp. 59-70
Author(s):  
Roman Marusenko
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Judicial Practice ◽  
The Status ◽  
Present Understanding

The article deals with the analysis of animals’ legal status via examples of Polish and Ukrainian legislation. The examples of inaccurate usage of legal terminology is this sphere (concerning subjects and objects) are analyzed. Legislative attempts to assign the status of subjects of law to animals in Ukraine and Poland are discovered. Remarkable examples from world judicial practice are revealed. Historical parallels are shown. Conclusion of possible solutions taking into account present understanding of nature of law and the aim of proposed changes in legal regulation is made.

scholarly journals A New Vision of Subjects of Family Legal Relations

2020 ◽  
pp. 98-116
Author(s):  
Maryna BORYSLAVSKA
Keyword(s):  
Detailed Analysis ◽  
Legal Status ◽  
Family Law ◽  
Legal Regulation ◽  
The Body ◽  
Single Individual ◽  
Legal Personality ◽  
The Family ◽  
Family Code ◽  
Legal Consequences

The article examines the features of subjects of family law. As a result of the analysis, the conclusion that family legal relations can arise exclusively between individuals was further confirmed. Various proposals of scientists to expand the range of participants in family legal relations were analyzed, in particular, by including a surrogate mother there. It has been established that the Family Code of Ukraine regulates legal relations with the participation of such entities, which do not directly apply to participants in family legal relations. Among them it is possible to call the actual tutors and pupils, the actual spouses, the former spouses, the guardian, the tutor, other subjects where the orphan children and children deprived of parental guardianship are placed. The rationale for establishing in the Family Code a circle of persons whose relations are not regulated by the Code, but are governed by moral and ethical standards, is justified. The study of the subject of family law departs from the traditional doctrinal approach, according to which he is analyzed from the point of view of his legal capacity. At the same time, emphasis is placed on the person of the individual, and in fairly atypical cases. In this regard, a special detailed analysis of the following situations (phenomena) has been carried out: the sex of an individual and the change (correction) of gender; the problem of determining the number of natural persons (if they are twins) and the specificity of their participation in family legal relations; the possibility of recognizing a single individual as a subject of family law; the legal status of the deceased person subject to cryopreservation and the prospect of his legal status. It is established that it is for family law that the sex of an individual (female or male) is very important. Accordingly, the change in gender has very serious consequences for the participants in this relationship. It is justified that their lack of adequate legal regulation is a negative phenomenon. It is proposed to provide in the legislation with a provision according to which changing the sex of one of the spouses is the reason for the termination of the marriage. It has been established that a single person cannot be considered a subject of family legal relations. A detailed analysis of the existing experience of the life of Siamese (united) twins allows us to summarize that there are no and apparently cannot be unified approaches to recognizing their legal personality. Certain problematic issues of marriage and parental legal relations of Siamese twins are considered. A general analysis of the current situation regarding the capabilities of cryonics to preserve the human body (its parts) has been carried out. It has been established that these relationships are gaining popularity, which requires the search for solutions to the legal consequences of thawing such persons, including family legal consequences. During the preparation of the article, the experience of foreign countries and historical experience in the field of family and other related legal relations were actively investigated. Keywords: individual, subject (participant) of family legal relations, change (correction) of a person’s gender, legal personality of Siamese (united twins), a single individual, cryopreservation of the body (brain) of an individual.

scholarly journals Electronic document flow as evidence in civil proceeding: evaluation features and application problems

2021 ◽  
Vol 109 ◽  
pp. 01039
Author(s):  
G.V. Stankevich ◽  
I.M. Vilgonenko ◽  
Y.N. Slepenok ◽  
O.M. Litvishko
Keyword(s):  
Information Technologies ◽  
Legal Regulation ◽  
Electronic Document ◽  
Electronic Evidence ◽  
Judicial Practice ◽  
Procedural Code ◽  
Civil Proceeding ◽  
The Russian Federation ◽  
Document Flow ◽  
Definition Of

Due to the development of information technologies, electronic document flow is actively becoming a part of modern life, and the activity of courts is not an exception. Electronic documents are increasingly considered by courts as evidence in civil cases. Judicial practice faces certain problems when evaluating such evidence due to the insufficiency of legal regulation of such kind of evidence. The article examines the theoretical and practical aspects of the existence of an electronic document as a type of written evidence, attempts to reveal the essence of an electronic document, define its features as compared to a traditional written document, and analyzes the approaches to the definition of the concept of ‘electronic document’, which have developed in Russian legal science. The analysis of the practice in the application of an electronic document as evidence with regard to relevance, admissibility and adequacy is carried out. Certain problems which judges have to face when using an electronic document as evidence have been identified. The authors’ understanding of an electronic document is submitted, the framework of problems and gaps under current civil procedure legislation is defined, and methods of solution are proposed. The need to define an independent type of evidence – electronic evidence is substantiated, with it further being enshrined in the Civil Procedural Code of the Russian Federation, as well as to formalize in legislation the concept of an ‘electronic information medium’.

scholarly journals PROBLEMAL ISSUES ON THE APPOINTMENT AND CONDUCT OF FORENSIC EXAMINATION in COMMERCIAL LITIGATION

2019 ◽  
Vol 20 (2) ◽  
pp. 190-206
Author(s):  
I. Popovich ◽  
A. Sviderskyi
Keyword(s):  
Forensic Science ◽  
Legal Status ◽  
Modern Society ◽  
State Institution ◽  
Legal Regulation ◽  
Scientific Development ◽  
Forensic Examination ◽  
Legitimate Interests ◽  
Legal Mechanism ◽  
Use Of Knowledge

One of the main conditions for the construction and functioning of the rule of law is the legal regulation of all spheres of human activity, the creation of a reliable effective legal mechanism of state protection of all natural and acquired human rights, in accordance with their legal status. The rapid growth of the needs of modern society in the use of knowledge from various fields of science, technology, art, crafts does not go around such a public sphere as the sphere of legal proceedings, and understanding the importance of special knowledge to establish the truth in economic affairs gives reason to consider forensic science as an independent institution for protecting rights and the legitimate interests of citizens, legal entities and the interests of the state as a whole. In any branch of law, there are branch institutes. In those cases when a particular institution combines the norms of two or more branches of law, it is considered intersectoral. A separate legal institution is a set of rules governing a certain group of legal relations, which are personified by virtue of their specificity. The integration of the achievements of various sciences into the practice of proof is a natural and traditionally studied phenomenon for economic proceedings. But the constant development of all social processes and relations determines the dynamic processes in the sphere of their legal regulation, which are reflected in the changes in the relevant regulatory legal acts. Due to the intensification of legislative activity in Ukraine, which has been manifested in recent years, there is not only inconsistency of the provisions of certain legal acts among themselves, but also contradictions to constitutional principles, and in some cases, to the laws of scientific development of certain branches of knowledge. Unfortunately, such processes are also characteristic of such an important state institution as justice and its individual institutions, in particular, forensic science. In connection with the above, there is a need to analyze the problematic issues of the appointment and conduct of forensic examination in economic proceedings.

Legal Specifics of Bankruptcy Proceedings of Insurers in Ukraine

2018 ◽  
Vol 16 (1) ◽  
Author(s):  
Nino B. Patsuriia ◽  
Valeria V. Radzyviliuk ◽  
Nataliіa V. Fedorchenko ◽  
Ivan R. Kalaur ◽  
Mikhail I. Bazhenov
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Insurance Companies ◽  
Bankruptcy Law ◽  
Insurance Company ◽  
Insurance Contracts ◽  
The Law ◽  
Legal Consequences

Abstract Many countries adopted legal regulation of insolvency problems of insurers and rules for bankruptcy proceedings (insolvency) to mitigate and prevent consequences of bankruptcy and preserve the assets of insurance companies. To a certain extent, Ukraine follows the similar track. The authors describe the specifics of bankruptcy proceedings, defined by the laws of Ukraine on bankruptcy, and “complicated” by the legal status of the insurance company. On the basis of the analysis, the authors put forward a proposal to modernize bankruptcy law as part of the legal regulation of bankruptcy of insurers-debtors (bankrupts). It is established that the Law of Ukraine of 1992 provides for the possibility of applying a procedure of sanation to the insurers. The authors state that the specific legal consequences of the liquidation procedure and the recognition of a debtor as a bankrupt include the termination of all insurance contracts and sale of property. It has been established that the incoherence of bankruptcy laws of different countries is explained by different approaches to legal regulation.

scholarly journals On Possibility of Perception of Modern Spanish Law Concepts of Legal Personality for Artificial Intelligence: a View from Russia

2019 ◽  
Vol 10 (3) ◽  
Author(s):  
Viktor Shestak ◽  
Zoya Ilyicheva
Keyword(s):  
Artificial Intelligence ◽  
Social Life ◽  
Legal Status ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Personality ◽  
Spanish Law ◽  
Methods Of Synthesis ◽  
Technical Innovations ◽  
Spanish Legislation

Social life and technical innovations are always ahead of their legal regulation. This calls for a consistent reconsideration, renewal and improvement of currently existing legislation. Scientific discussions are now being held in Spain looking into the possibility of granting legal personality to robots. The increasing presence of artificial intelligence in our everyday life is rather objective. Nevertheless, it causes peoples inconvenience and anxiety. It is difficult for the legislator to define the level of his impact which he or she can actually have on the problems of legal regulation of the usage of using the artificial intelligence, including the issues concerning prevention of crimes that involve robots. The purpose of the following article is to study a number of concepts of legal personality of artificial intelligence in Spain. Some possibilities of proving a legal framework in the Spanish legislation for these concepts are considered. A number of probable problems caused by the vagueness of robots legal status are examined. The opportunity of perception of artificial intelligence as a subject of law in Spanish legislation is determined. The leading methods of this research were systematic and comparative approaches, methods of synthesis and analysis, which allowed to analyze, summarize and systematize the concepts of legal personality of artificial intelligence in Spain. As a result of studying the following issues, the authors came to the conclusion that there exists a crucial need to establish some limits of legal personality of robots. The public need for formation of a certain legal framework allowing to resolve ethical and legal conflicts with participation of artificial intelligence was discovered. The endeavor of society to harmonize the legislation in the field of robotics at the international level was revealed. The necessity of hindering the usage of robots for criminal purposes was proved.

scholarly journals Arrest of Property in Bankruptcy Cases

2019 ◽  
pp. 93-102
Author(s):  
Oleksandr Biryukov
Keyword(s):  
Legal Status ◽  
Bankruptcy Law ◽  
Security Measures ◽  
Criminal Proceedings ◽  
Procedural Law ◽  
Legal Remedy ◽  
Procedural Code ◽  
Court Proceedings ◽  
The Right ◽  
Court Practice

This article focuses on the analysis of certain aspects of the application of security measures in liquidation procedure governed by Bankruptcy Law. Arrest of property (according to Ukrainian legislation terminology — a seizure of property) as a temporary tool of enforcing future court decisions is a fairly popular legal tool to protect the parties’ property interests in money disputes. In modern court practice application of this legal remedy creates some difficulties, particularly, in bankruptcy cases. When administering these cases, the judges sometimes consider petitions regarding imposing arrests of property or freeing restrictions over the property imposed in civil, administrative and criminal cases. In such situations, there is a need to answer a question whether the commercial court in a bankruptcy case has a power to free arrests or other restrictions on using the property imposed by other courts. Current legislation i.e. both procedural law and bankruptcy law does not contain clear rules on how the judges should aсt in such situations. Different approaches to the application of bankruptcy proceedings regarding arrest of property influence the court practice in general. Some economic courts establish that the release of the debtor’s assets from bans and arrests during the bankruptcy proceeding is totally in accordance with the current law, other courts rule that commercial procedural code does not allow to free property from arrest imposed, for example, in civil cases as this arrest is done by civil procedural law. Arrests attached in the criminal proceedings have different nature and purpose. It is known that in most cases in the criminal law property arrest serves as means to ensure possible future confiscation of property that may have been obtained in an illegal way. During such court proceedings a special review is conducted in order to discover whether property in acquired legally. Therefore, in order to cancel arrest of the property the procedure should be exercised in accordance with the rules of the criminal proceedings. However, while imposing new arrests of property in criminal proceedings it should be taken into account that the legal status of a person who was declared bankrupt has changed, i.e. he is deprived of the right to dispose the property which becomes a subject for sale at public tenders. The main conclusion of this article is that existence of certain different approaches to application of security measures in different court proceedings can be explained by the fact that during the development of procedural laws the nature of insolvency relations and the peculiarities of the legal mechanisms used in bankruptcy cases were not fully taken into account.

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