scholarly journals EVOLUTION OF THE FIDUCIARY RELATIONSHIP DOCTRINE IN INDEPENDENT UKRAINE: FROM COMPLETE OBJECTION TO IMPLEMENTATION INTO CURRENT LEGISLATION

2021 ◽  
pp. 9-14
Author(s):  
G. Buyadzhу
Keyword(s):  
Negative Attitude ◽  
Financial Fraud ◽  
Property Management ◽  
Legal Entity ◽  
Distinctive Features ◽  
Historical Method ◽  
Beneficial Ownership ◽  
Long Time ◽  
The Right ◽  
Structural Methods

The article addresses the development of the fiduciary relationship doctrine in Ukraine. Primarily, the paper covers the alteration in understanding the idea of trust and other trust-like constructions by Ukrainian society from the 90s of the XX century to present time. The purpose of the article is to highlight the main stages of and approaches to understanding of fiduciary relationship in general and trust and other trust-like constructions in particular, as well as to analyse their common and distinctive features in comparison to related legal institutions and to determine the prospects for their further implementation in Ukrainian law. Methodology. To shed the light on different approaches to understanding trusts and paratrust constructions, a comparative-historical method was used in the article; also the methods of analysis, ascent from abstract to concrete and system-structural methods of scientific cognition were applied. Results and conclusions. Misunderstanding of the idea of a trust has led to violation of the rights of citizens affected by financial fraud of trust companies, which has played a significant role in shaping the distrustful or negative attitude of lawyers and ordinary citizens of Ukraine to trusts and other trust-like constructions for almost two decades. The concept of trust has existed in the law of Ukraine for a long time, but mostly it is associated with the negative issues like hiding property, hiding information about the ultimate beneficial owners etc. In addition, the concept of trust is changing constantly; this indicates the evolution of approaches to understanding the institution. At present, a trust is understood as "legal relationship," while the previous version of law defines a trust through the category of a legal entity. The approach to understanding the concept of beneficial ownership in a trust differs in common law countries and Ukraine. In Ukraine, this definition covers the right of a natural person who, regardless of formal ownership, has the opportunity to exercise decisive influence over the management or economic activity of a legal entity directly or through other persons. Keywords: fiduciary relationship, trust, trust-like (paratrust) constructions, property management, Trust Convention, beneficial ownership, trustee, ultimate beneficial owner, beneficiary, controlled foreign company (CIC), revocable trusts, irrevocable trusts.

scholarly journals Recovery of Damages from the Head of an Economic Entity: Legislation of the Russian Federation and Law Enforcement Practice

2019 ◽  
Vol 62 ◽  
pp. 10003
Author(s):  
Y.A. Dorofeeva ◽  
M.N. Zubkova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Good Faith ◽  
Legal Entity ◽  
Historical Method ◽  
Economic Entity ◽  
Legal Method ◽  
The Russian Federation ◽  
The Right ◽  
Legal Entities

A legal entity as a union recognized in law and absent as an independent entity outside the law, exists and carries out its activities through the governing bodies whose composition and competence are always predetermined by the norms of positive law. Undoubtedly, the rights of the governing bodies of a legal entity, as well as the duties of the head of the organization, must be strictly predetermined and have limits defined by law. Failure of this rule would mean the possibility of abuse of the right by the governing bodies of legal entities, their release from the obligation to lead the organization in good faith and reasonably, evasion from the fulfillment of obligations assumed by the legal entity through the sole executive body or another governing body of the organization. In order to prevent harm to the organization and third parties, the governing bodies of the legal entity, the legislator set certain rules for the activities of the governing bodies of the legal entity, as well as the grounds for applying measures of responsibility for violating such rules. The responsibility of the head includes the recovery of damages caused by his fault to a legal entity. The purpose of the study is to analyze the grounds and conditions for recovery of damages caused by the head of the organization in the legislation of the Russian Federation and arbitration practice. The objectives of the study are to determine the grounds for liability of the head of a legal entity in the form of damages, show the genesis of the formation of Russian legislation and the practice of its use by courts on recovering losses of a legal entity from the head of an organization, identify criteria for determining the presence of both good faith and reasonableness in the behavior of managers of legal entities, brought to responsibility in the form of the obligation to pay damages to the organization they lead. In carrying out the study, such methods were used as: general scientific - analysis, synthesis, comparison, generalization, historical method; private-scientific: formal-legal, comparative-legal, allowing to consider the issues of bringing to responsibility in the form of recovery of damages of the head of a legal entity; Formal legal method for determining the content of abstract categories - reasonableness, good faith, permissible behavior, method of system-structural analysis - to study the possibility of applying damages as a form of responsibility for the guilty behavior of a special entity - the head of a legal entity The result of the study is the establishment of the grounds and conditions for applying to the head (former head) of a legal entity responsibility in the form of recovery of damages caused to the organization managed by it, in the legislation of the Russian Federation and judicial practice. The findings and results of the study can be used for further research and as educational material, in legislative work and in law enforcement practice.

Rancang Bangun Sistem Penerimaan Dan Mutasi Barang Pada PDAM Tirta Kerta Raharja

Sensi Journal ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 236-246
Author(s):  
Ilamsyah Ilamsyah ◽  
Yulianto Yulianto ◽  
Tri Vita Febriani
Keyword(s):  
System Analysis ◽  
Object Oriented ◽  
Analysis Method ◽  
Web Based ◽  
Visual Modeling ◽  
Long Time ◽  
The Right ◽  
And Control ◽  
Web Based System ◽  
The Web

The right and appropriate system of receiving and transferring goods is needed by the company. In the process of receiving and transferring goods from the central warehouse to the branch warehouse at PDAM Tirta Kerta Raharja, Tangerang Regency, which is currently done manually is still ineffective and inaccurate because the Head of Subdivision uses receipt documents, namely PPBP and mutation of goods, namely MPPW in the form of paper as a submission media. The Head of Subdivision enters the data of receipt and mutation of goods manually and requires a relatively long time because at the time of demand for the transfer of goods the Head of Subdivision must check the inventory of goods in the central warehouse first. Therefore, it is necessary to hold a design of information systems for the receipt and transfer of goods from the central warehouse to a web-based branch warehouse that is already database so that it is more effective, efficient and accurate. With the web-based system of receiving and transferring goods that are already datatabed, it can facilitate the Head of Subdivision in inputing data on the receipt and transfer of goods and control of stock inventory so that the Sub Head of Subdivision can do it periodically to make it more effective, efficient and accurate. The method of data collection is done by observing, interviewing and studying literature from various previous studies, while the system analysis method uses the Waterfall method which aims to solve a problem and uses design methods with visual modeling that is object oriented with UML while programming using PHP and MySQL as a database.

THE IDEA OF «COMMUNITY» IN THE GOVERNMENT CONCEPTS OF GALICIA OF THE XIX – BEGINNING OF THE XX CENTURY

2019 ◽  
pp. 15-21
Author(s):  
Liubomyr Ilyn
Keyword(s):  
Nineteenth Century ◽  
19Th Century ◽  
Practical Significance ◽  
Distinctive Features ◽  
Legal Studies ◽  
Legal Principle ◽  
General Scientific ◽  
The Government ◽  
The Right ◽  
The 19Th Century

Purpose. The purpose of the article is to analyze and systematize the views of social and political thinkers of Galicia in the 19th - beginning of the 20th centuries. on the right and manner of organizing a nation-state as a cathedral. Method. The methodology includes a set of general scientific, special legal, special historical and philosophical methods of scientific knowledge, as well as the principles of objectivity, historicism, systematic and comprehensive. The problem-chronological approach made it possible to identify the main stages of the evolution of the content of the idea of catholicity in Galicia's legal thought of the 19th century. Results. It is established that the idea of catholicity, which was borrowed from church terminology, during the nineteenth century. acquired clear legal and philosophical features that turned it into an effective principle of achieving state unity and integrity. For the Ukrainian statesmen of the 19th century. the idea of catholicity became fundamental in view of the separation of Ukrainians between the Russian and Austro-Hungarian empires. The idea of unity of Ukrainians of Galicia and the Dnieper region, formulated for the first time by the members of the Russian Trinity, underwent a long evolution and received theoretical reflection in the work of Bachynsky's «Ukraine irredenta». It is established that catholicity should be understood as a legal principle, according to which decisions are made in dialogue, by consensus, and thus able to satisfy the absolute majority of citizens of the state. For Galician Ukrainians, the principle of unity in the nineteenth century. implemented through the prism of «state» and «international» approaches. Scientific novelty. The main stages of formation and development of the idea of catholicity in the views of social and political figures of Halychyna of the XIX – beginning of the XX centuries are highlighted in the work. and highlighting the distinctive features of «national statehood» that they promoted and understood as possible in the process of unification of Ukrainian lands into one state. Practical significance. The results of the study can be used in further historical and legal studies, preparation of special courses.

ANALISIS YURIDIS PUTUSAN PENGADILAN NEGERI BLORA TENTANG DUALISME KEPENGURUSAN YAYASAN PENDIDIKAN ISLAM KARTAYUDA YANG AKTA PENDIRIANNYA DIBUAT OLEH DAN DIHADAPAN NOTARIS (Studi Kasus Putusan Perkara PN Blora No. 34/Pdt.G/2015/PN.Bla)

Jurnal Akta ◽  
2017 ◽  
Vol 4 (3) ◽  
pp. 463
Author(s):  
Muslim Ansori ◽  
Akhmad Khisni
Keyword(s):  
Private Schools ◽  
Education System ◽  
Crucial Role ◽  
The State ◽  
Educational Institutions ◽  
Legal Entity ◽  
Non Profit ◽  
The Right

With the enactment of the Education System Act no 20 of 2003 (better known as the Sisdiknas Act), the State has determined that educational institutions should have a legal umbrella in the form of a legal entity, or better known as the Legal Entity Education. As a non-profit organization, the Foundation is the right legal entity that becomes a place for educational institutions, especially private schools. Therefore, of course, Notary has a very crucial role in making notary deed in the form of establishment and deed of change, such as example how in making the right basic budget and not multi interpresatasi for stake holders in the foundation. Therefore, the role of function and authority of the organ of the foundation must be clearly stated in the articles of association, so as not to cause a dispute in the future.KEYWORDS: Notaries, Foundation, Organ Foundation,

Are we Ready for a “Microbiome-Guided Behaviour” Approach?

2019 ◽  
Vol 28 (04) ◽  
pp. 708-724
Author(s):  
ANDREA LAVAZZA ◽  
VITTORIO A. SIRONI
Keyword(s):  
Fecal Microbiota Transplantation ◽  
Negative Attitude ◽  
Well Being ◽  
Fecal Microbiota ◽  
Point Of View ◽  
Brain Functioning ◽  
The Central Nervous System ◽  
The Individual ◽  
The Right ◽  
The Mind

Abstract:The microbiome is proving to be increasingly important for human brain functioning. A series of recent studies have shown that the microbiome influences the central nervous system in various ways, and consequently acts on the psychological well-being of the individual by mediating, among others, the reactions of stress and anxiety. From a specifically neuroethical point of view, according to some scholars, the particular composition of the microbiome—qua microbial community—can have consequences on the traditional idea of human individuality. Another neuroethical aspect concerns the reception of this new knowledge in relation to clinical applications. In fact, attention to the balance of the microbiome—which includes eating behavior, the use of psychobiotics and, in the treatment of certain diseases, the use of fecal microbiota transplantation—may be limited or even prevented by a biased negative attitude. This attitude derives from a prejudice related to everything that has to do with the organic processing of food and, in general, with the human stomach and intestine: the latter have traditionally been regarded as low, dirty, contaminated and opposed to what belongs to the mind and the brain. This biased attitude can lead one to fail to adequately consider the new anthropological conceptions related to the microbiome, resulting in a state of health, both physical and psychological, inferior to what one might have by paying the right attention to the knowledge available today. Shifting from the ubiquitous high-low metaphor (which is synonymous with superior-inferior) to an inside-outside metaphor can thus be a neuroethical strategy to achieve a new and unbiased reception of the discoveries related to the microbiome.

STRATEGI PENGEMBANGAN BUDAYA KULINER TRADISIONAL PADA BAKPIA DAN WINGKO BABAT XYZ

2021 ◽  
Vol 10 (1) ◽  
pp. 194
Author(s):  
Maria Maria
Keyword(s):  
Research Method ◽  
Matrix Analysis ◽  
Literature Study ◽  
Diversification Strategy ◽  
Marketing Process ◽  
Long Time ◽  
The Right ◽  
Culinary Culture ◽  
Depth Interviews ◽  
Research Analysis

This research examines the development of traditional culinary culture,  Bakpia and Wingko Babat XYZ with the aim of preserving the local culinary heritage located in Bantul. Bakpia and Wingko Babat XYZ  is a special traditional business place that sells traditional Yogyakarta food in the Bantul area which still uses traditional methods. This business has been around for a long time since 1997. Lack of the right strategy is the cause when local and foreign visitors do not know much information about the culinary business of Bakpia and Wingko Babat XYZ. Based on this, this study aims to identify and analyze the marketing process carried out by Bakpia and Wingko Babat XYZ, to determine the potential of traditional culinary culture and to explore strategy formulations in Bakpia and Wingko Babat XYZ. The research method in this study is a qualitative research method, by conducting direct and in-depth interviews with key persons, observation, and literature study. The qualitative method used is descriptive qualitative which will describe how the right strategy is based on the results of the analysis. The interview data were analyzed by several stages, namely the SWOT stage in the internal and external environment, the weight and ranking calculation stage, the IFE-EFE and IE matrix analysis stage, and the conclusion stage. In the research analysis, the IFE and EFE matrix values were obtained, where the IFE value was 2.774 and the EFE value was 2.842. This condition shows that Bakpia and Wingko Babat XYZ  is in the V quadrant position, which means Hold and Maintain, in this position the right strategy is market penetration and product development, and in the SWOT quadrant in quadrant II Cobination supports the Diversification strategy, this is requires making alternative strategies that can be used to increase existing strengths so that they can overcome threats.Keywords: culinary culture, SWOT, IE.AbstrakPenelitian ini meneliti tentang  budaya kuliner tradisional yaitu Bakpia dan Wingko Babat XYZ dengan tujuan untuk menjaga warisan budaya kuliner lokal yang terletak di Bantul. Bakpia dan Wingko Babat XYZ merupakan tempat usaha tradisional khusus yang menjualkan makanan tradisional khas Yogyakarta di daerah bantul yang masih menggunakan cara-cara tradisional. Usaha ini sudah lama berdiri sejak 1997. Kurangnya strategi yang tepat menjadi penyebab ketika pengunjung lokal maupun mancanegara tidak mengetahui banyak informasi mengenai usaha kuliner Bakpia dan Wingko Babat XYZ. Berdasarkan hal tersebut, penelitian ini bertujuan untuk mengidentifikasi dan menganalisa proses pemasaran yang dilakukan Bakpia dan Wingko Babat XYZ, untuk mengetahui potensi budaya kuliner tradisional dan mengeksplorasi formulasi strategi di Bakpia dan Wingko Babat XYZ. Metode  penelitian pada penelitian ini adalah metode penelitian kualitatif, dimana dengan melakukan wawancara kepada key person secara langsung dan mendalam, observasi, dan  studi pustaka. Metode kualitatif  yang  digunakan yaitu kualitatif deskriptif yang akan mendeskripsikan bagaimana strategi yang tepat berdasarkan hasil analisis. Data  wawancara dianalisis dengan beberapa tahap-tahapan yaitu tahap SWOT pada lingkungan internal dan eksternal, tahap perhitungan bobot dan peringkat, dan tahap analisis matriks IFE-EFE dan IE, serta tahap kesimpulan. Pada analisis penelitian diperoleh nilai matriks IFE dan EFE, dimana nilai IFE sebesar 2,774 dan nilai EFE sebesar 2,842. Kondisi ini menunjukkan bahwa Bakpia dan Wingko Babat XYZ  berada pada posisi kuadran V yaitu berarti Hold and Maintain, pada posisi ini  strategi yang  tepat adalah penetrasi pasar dan pengembangan produk, serta pada kuadran SWOT  pada kuadran II Cobination mendukung stategi Diversifikasi, hal ini mengharuskan membuat alternative strategi yang dapat digunakan untuk meningkatkan Kekuatan yang ada sehingga dapat mengatasi ancaman.Kata Kunci: budaya kuliner, SWOT, IE. Author:Maria : Institut Seni Indonesia Yogyakarta References: Agustim, W., & Nurhidayat, M. (2020). Analisis Matrik IE pada UMKM Berbasis Produk Pertanian Kelompok Wanita Pelaku Usaha Tanaman Hias di Desa Sidomulyo Kota Batu. Referensi: Jurnal Ilmu Manajemen dan Akuntansi, 8(1), 73-78. https://doi.org/10.33366/ref.v8i1.1760.David, Fred R. 2016, Manajemen Strategis, Edisi 15. Jakarta: Salemba Empat.Evelyn, E. (2018). Analisis Manajemen Strategi Bersaing Dengan Matriks Ie, Matriks Swot Dan Matriks Qspm Pada Pt. Xyz. Jurnal Manajemen Bisnis dan Kewirausahaan, 2(4), 99-105. http://dx.doi.org/10.24912/jmbk.v2i4.4869.Rangkuti, Freddy. (2015). Analisis SWOT : Teknik Membedah Kasus Bisnis (Cara Perhitungan Bobot, Rating dan OCAI). Jakarta: PT Gramedia Pustaka Utama.Retnawati, L. (2018). Perencanaan Strategis Si/Ti dengan Metode Analisa Swot dan BSC untuk Meningkatkan Daya Saing di Universitas XYZ. JISKA (Jurnal Informatika Sunan Kalijaga), 2(3), 135-142. https://doi.org/10.14421/jiska.2018.23-02.Sugiyono. (2016). Metode Penelitian: Kuantitatif, Kualitatif dan R&D. Bandung: Alfabeta.Tyas, S. K., & Chriswahyudi, C. (2017). Perencanaan Strategi Pemasaran dengan Pendekatan Matrik IE, SWOT dan AHP untuk Mendapatkan Alternatif Strategi Prioritas. Prosiding Semnastek. https://jurnal.umj.ac.id/index.php/semnastek/article/view/1989/1632.

ATTITUDE TOWARDS MYTHS AND MISCONCEPTIONS AMONG ADOLESCENT GIRLS DURING THE MENSTRUATION

2021 ◽  
pp. 42-43
Author(s):  
J. C. Kavitha Latha ◽  
R. Varalakshmi
Keyword(s):  
Adolescent Girls ◽  
Transition Period ◽  
Age Groups ◽  
Adult Life ◽  
Negative Attitude ◽  
Adult Age ◽  
Hygiene Practices ◽  
Minimal Sample ◽  
High Attitude ◽  
The Right

Adolescents are dened as the young people between the age groups of 10 and 19 years as per the WHO records. Adolescence is a transition period from childhood to adult life as it is regarded as the intermediate period between the childhood age and the adult age. Menstruation occurs every month periodically except during pregnancy. The maintenance of menstrual hygienic methods is a very challenging task to the adolescent girls. Social prohibitions and traditional beliefs blocked the access to get the right kind of information to adolescent girls that led to poor hygiene practices. Menstruation has often been dealt with secrecy in many cultures. Aim: Attitude towards myths and misconceptions among adolescent girls during the menstruation. To assess the attitude regarding myths Objective: and misconceptions among adolescent girls during the menstruation. To examine the level of attitude of adolescent girls towards Myths and Misconceptions Tool: The Tool used for the present study was self structured questionnaire which was developed by the researcher. Results: Many of number of adolescent girls is having low attitude i.e., having many myths and misconceptions towards menstruation and very few sample is having high attitude which is indicating that minimal sample is not having negative attitude towards the myths and misconceptions. Sample: Sample of the present study consists of 300 adolescent girls from government vocational colleges in Chittoor District of Andhra Pradesh State. There are signicant differences between age, religion, educational quali Conclusion: cations of mother's, type of family and mode of communication among adolescent girls with regard to their attitude towards myths and misconceptions during the menstruation. There is low level of attitude towards the myths and misconceptions among adolescent girls during the menstruation

ADDITIONAL CONCLUSION ON A DISSERTATION

2021 ◽  
Vol 3 (3) ◽  
pp. 163-180
Author(s):  
А.V. Gabov
Keyword(s):  
System Analysis ◽  
Legal Regulation ◽  
Focus Of Attention ◽  
The State ◽  
State System ◽  
Federal Law ◽  
Current Regulation ◽  
Historical Method ◽  
The Right ◽  
Academic Degrees

Introduction: the article deals with the legal phenomenon of an additional conclusion on a dissertation that rarely comes into the focus of attention of domestic researchers, which is regulated in the Regulations on Awarding Academic Degrees and the Regulations on the Council for the Defense of Dissertations for the Degree of Candidate of Science, for the Degree of Doctor of Science. The relevance of the issue is explained by the ongoing processes of transformation of all the main elements of the state system of scientific certification. Purpose: to show the main elements of this institute, the problems of its regulation, including in connection with the changes made to the state system of scientific certification by Federal Law of 23 May 2016 No. 148-FZ “On Amendments to Article 4 of the Federal Law ‘On Science and State Scientific and Technical Policy’” (hereinafter – Law No. 148-FZ), as well as the directions for improving legal regulation of this institute. Methods: system analysis, historical method. Results: the goals of the institute of additional conclusions on the dissertation are revealed; marked defects in the regulation of additional conclusion on the dissertation; given the significant changes in the state system of scientific attestation in connection with the receipt of a number of organizations right of self-awarding degrees, as well as the accumulated practice of application of this institute, the directions of its improvement are formulated. Conclusions: according to the author of the article, the institute of additional conclusion should not be abandoned, it may well be in demand in the future and in the activities of organizations, those who have received the right to independently award academic degrees. The current regulation of the institute of additional conclusion requires complete renovation.

DEPENDENCE OF THE COMPANY'S LEGAL PERSONALITY FROM THE PERSONALITY OF ITS SHAREHOLDER AS A TREND OF LEGISLATION AND LAW ENFORCEMENT PRACTICE

2021 ◽  
Vol 14 (2) ◽  
pp. 52-58
Author(s):  
MARIETTA SHAPSUGOVA ◽  
Keyword(s):  
Law Enforcement ◽  
Limited Liability ◽  
Complete Separation ◽  
Socialist Economy ◽  
Legal Entity ◽  
Legal Personality ◽  
Long Time ◽  
Law And Legislation ◽  
Market Relations ◽  
Legal Entities

The concept of a legal entity as an independent legal entity, independent distinctiveness of its participants was formed gradually. In the Fatherland Law, it reached its climax in the Soviet era. It was then that such classical features of a legal entity were formulated as organizational unity, property isolation, and independent responsibility. The economic system drove this approach. In a planned socialist economy, an individual could not be the owner of the means of production, and therefore the legal personality of an enterprise was maximally alienated from a person's personality, which was reflected in its characteristics. For a long time, by inertia in Russian law and legislation, this alienation of the shareholder's personality from the legal entity's personality was preserved. The reason for the revision of this approach was the abuse by limited liability participants of legal entities controlled by them, using such a person as a "mask" for their activities and leading to a violation of creditors' interests. In this regard, with Russia's transition to market relations, an interest arose in the foreign theory of corporate law, which developed mechanisms to combat such abuses, studies of corporate forms of a legal entity, and mechanisms for bringing controllers and beneficial owners to justice were updated. The article examines the dynamics of the transformation of a legal entity's theory from dependence to independence and again to its dependence. It is argued that the shareholder's connection with the legal entity is preserved, and complete separation of the legal personality from the shareholder's personality is impossible, which is confirmed by the doctrine, law enforcement practice, and trends in the development of legislation on legal entities.

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