scholarly journals LEGAL STATUS OF THE COURT SESSION SECRETARY IN CIVIL AND ADMINISTRATIVE PROCEEDINGS

2020 ◽  
pp. 55-66
Author(s):  
Kateryna Kutsenko ◽  
Keyword(s):  
Public Service ◽  
Legal Status ◽  
Legal Protection ◽  
Civil Servants ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Definition Of ◽  
Administrative Proceedings ◽  
The Impact

The scientific research is focused on the legal status of the court session secretary in civil and administrative proceedings. The purpose of the article is to determine specific features of the legal status of the court session secretary. The objective of the research is to develop recommendations for amending the current legislation to improve the legal status of the court session secretary. The methodological basis of the research constituted general scientific and special legal methods of cognition. The author has used the method of philosophical dialectics among the general scientific methods, which is revealed through the methods of analysis and synthesis, ascent from simple to complex, from abstract to concrete, modeling, abstraction, idealization and formalization. The special legal methods used in the research combine systemic, theoretical and legal, formal and dogmatic, comparative and legal methods of cognition, as well as the method of state and legal modeling. The norms of legislative acts and by-laws regulating the legal status of this official have been analyzed. The author has defined specific features of the legal status of the court session secretary related to the public service, belonging to the court administration, place and significance in civil and administrative proceedings. Specific features of the legal status of the court session secretaries are to apply the rights and responsibilities of civil servants to them; to appoint them to the position based on the results of the competition; the submission of a declaration of their property status for the previous year before the appointment; to apply restrictions of civil servants and anti-corruption restrictions for them. Remuneration, social and legal protection of the court session secretaries are determined in accordance with the legislation on public service; they exercise their powers within the internal labor regulations established for court staff, they comply with the rules of conduct for court employees and ethical requirements for civil servants in relations with court staff and visitors. Among specific features of the legal status we should name the existence of special grounds for bringing to disciplinary liability, the focus of powers on organizational provision of the case hearing by a judge, the impact of the nature of communication (interaction) of the court session secretary with the participants in the trial on the authority of the judicial power in society, the possibility to file the motion to recuse the court session secretary in civil and administrative proceedings. The author as a result of studying the researched problem has formulated own definition of the “legal status of the court session secretary”. It has been offered to amend the current legislation, which determines the legal status of the court session secretary.

scholarly journals THE “CRIMINAL LAW OF VICTIM” AS A CRIMINAL LAW MODEL

2018 ◽  
Vol 2 (2) ◽  
pp. 14-19
Author(s):  
Irina Aleksandrovna Tretyak
Keyword(s):  
Criminal Law ◽  
Legal Status ◽  
Criminal Liability ◽  
Theoretical Models ◽  
Legal Personality ◽  
Basic Model ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
Definition Of ◽  
The Impact

The subject. The article is devoted to analysis of the basic models of criminal law and the impact of victim’s legal status on the criminal legal theory.The purpose of the paper is to substantiate the existence and the importance of “criminal law of victim” as basic model of criminal legal theory.The methodological basis of the research includes general-scientific methods (analysis and synthesis, system-structural approach) as well as academic methods (formal-legal method, method of interpretation of legal texts).Results and scope of application. The definition of the role of the victim, the importance of his legitimate interests in the implementation of criminal liability is complicated by the fact that the basic models of criminal law developed by science – “criminal law of the offender” and “criminal law of the crime” – do not consider the victim as a subject of criminal legal relations.The theoretical models of criminal law are embodied in the criminal law, specific legal rela-tions, law enforcement acts, etc., in connection with which there are specific indicators – the parameters by which it is possible to determine which model of criminal law is implemented.If the question of the criminal legal personality of the victim is controversial, in my opinion, there is no doubt that the victim is a party to the criminal law conflict, which often begins to unfold long before the crime.Conclusions. Recognizing the victim as a subject of criminal legal relations, as well as a par-ticipant in the criminal law conflict, it is possible to talk about the formation of a new model of criminal law – “the criminal law of victim”.

scholarly journals Investment marketing strategy for diversified enterprises

2019 ◽  
pp. 146-152
Author(s):  
Oleksandr Kalinin
Keyword(s):  
Business Models ◽  
Growth Strategy ◽  
Entrepreneurial Activity ◽  
Global Trends ◽  
Scientific Methods ◽  
Goods And Services ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
And Control ◽  
The Impact

Introduction The amount of capital that individual, corporate and institutional investors are willing to invest in certain assets is increasing every year. This leads to a revitalization of entrepreneurial activity and growth of the economy as a whole. It is also very active in creating certain disparities in the distribution of investment flows at the cross-sectoral level. There are industries that perceive investors more positively, and other industries perceive less positively. Among these industries, and even more types of businesses, are diversified companies or conglomerates that are perceived by investors as a chaotic set of assets that management is unable to manage effectively. Purpose The purpose of this article is to study the global trends in managing strategies for competitive advantage in the capital market by diversified enterprises. The purpose of the article is to study the theoretical aspects of management and planning the choice of growth strategy for diversified enterprises; to analyze the systems of strategic management of investment marketing for diversified companies; develop solutions to improve the marketing management system for various companies in the context of attracting investment. Method (methodology) In the course of the research, the following general scientific methods are used: analysis and synthesis, grouping and systematization of revealing the essence of investment marketing, its structure, principles of its formation, development of the concept of diagnostics of efficiency of investor attraction systems and control of this process; induction and deduction - to summarize the theoretical aspects of the peculiarities of the formation of the structure of investment marketing; statistical and economic - to evaluate the investment attractiveness of a diversified enterprise. Results It was suggested to the conglomerate companies to distance their company brand from its subsidiaries as much as possible so that there was no problem in identifying the main focus of the conglomerate's business activity. For the analysis of companies that should be considered for placement of their own and borrowed funds by conglomerates and to demonstrate this investment policy, investors can distinguish the following areas of analysis of potential companies: whether the leadership of a company in a particular segment can lead to the possibility of controlling the pricing of goods or / or company services; whether it is possible to create a competitive business through the attraction of additional investment opportunities. Thus, solving the problem of finances, and more precisely the ability to run a business for a certain time, can bring to positive indicators of profit and return on invested capital; the impact on the aggregate industry reserve of profits, which makes it possible to receive more profit from the industry of related fields from consumers than competitors can, thus ensuring long-term competitiveness. Also regarding the display of client base of goods and services that we can distinguish for investors is: demonstrating the presence of privileged clients; the existence of diversified profit strategies; availability of special copy - protected goods and business models; the presence of unique and difficult to copy distribution and communication channels; the presence of barriers to competitors (patents. Brand, licensing, large investments in market entry, etc.).

Features of Financial and Legal Incentives of Investment Activities in the Regions

2018 ◽  
Vol 9 (1) ◽  
pp. 210
Author(s):  
Nikita K. POPADYUK ◽  
Olga V. PANINA ◽  
Sergey G. EREMIN ◽  
Andrey I. GALKIN ◽  
Alexander A. SAVELYEV
Keyword(s):  
Financial Incentives ◽  
Russian Regions ◽  
Investment Activity ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Analysis And Synthesis ◽  
Logical Method ◽  
General Scientific ◽  
The Subject ◽  
Definition Of

Research of features of financial and legal incentives of investment activities in the regions. Methodological basis of the study raised issues were the following: general scientific methods of cognition generalization, analogy, analysis and synthesis, elaboration, comparison, logical method, etc. Conducted interdisciplinary analysis of literature and sources on stimulating investment activities, with particular emphasis given to the Institute financial and legal incentives. Formed the author's definition of the term ʼfinancial and legal stimulus of investment activity of regionsʼ. Studied types of financial and legal incentives of investment activities of the regions. Analyzed regional legislation and judicial practice on the subject of study places financial incentives in the legal field of regional legislation. Identified conflicts in the system of financial and legal incentives of investment activities of the regions. A proposal to optimize the preliminary control of the Prosecutor's offices of the legality of the investment legislation, in particular, the structure of which has different financial and legal incentives of investment activities in Russian regions.

scholarly journals Epistemological issues of research of the subject and object of legal protection in genomic relations

2021 ◽  
Vol 25 (4) ◽  
pp. 872-887
Author(s):  
Anastasiya E. Semyonovikh
Keyword(s):  
Technological Development ◽  
Legal Protection ◽  
Scientific Rationality ◽  
Scientific Methods ◽  
Philosophical Foundations ◽  
Legal Relationship ◽  
Analysis And Synthesis ◽  
Genetic Technologies ◽  
General Scientific ◽  
The Subject

The relevance of the research topic is justified by the rapid technological development of genetics and genomics and introduction of genetic technologies and inventions in scientific and medical practice, which is not provided with a proper systematized legal protection in national and international legislation. The legislators problems are caused by the uniqueness and complexity of the genomic legal relationship. The subjects of knowledge in the framework of post-non-classical scientific rationality need to focus on the epistemological philosophical foundations of the knowledge of genomic legal relations. The purpose of the study is to identify and reflect the features of knowledge of the legal protection of genomic legal relations. Research tasks suggest defining the concept and composition of genomic legal relations, identifying the object and subject of legal protection of genomic legal relations, distinguishing between the concepts of "legal safeguard" and "legal protection" of genomic legal relations. The methodology of scientific research includes the dialectical method, general scientific logical operations (deduction and induction, analysis and synthesis), and private scientific methods (formal legal and comparative legal methods). Within the framework of the methodology of post-non-classical scientific rationality, a systematic approach to the study of the object of knowledge is used - the study of the structure, functional and instrumental aspects of the protective genomic legal relationship.

scholarly journals Assessment of the impact of the tax burden upon workforce productivity

2021 ◽  
pp. 9-18
Author(s):  
Yuliya Aleksandrovna Steshenko
Keyword(s):  
Socioeconomic Development ◽  
Tax Burden ◽  
Scientific Methods ◽  
Development Indicators ◽  
Tax Incentive ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Workforce Productivity ◽  
Investment In Fixed Assets ◽  
The Impact

The article examines the impact of such factors as the average monthly salary of employees, investment in fixed assets, tax burden, cost value for research and development, and workforce productivity. For building the model, the author applies statistical data on socioeconomic development indicators of 32 constituent entities of the Russian Federation for 2017. Tax burden lowers the workforce productivity; therefore, the use of tax incentives and preferences contributes to the achievement of the goals of economic growth. The research is based in the general scientific methods of analysis and synthesis, as well as econometric analysis. The article is dedicated to the creation of correlation-regression model of impact assessment. The conclusion is drawn that three out of four determinants indicate a significant positive correlation with workforce productivity. The effective tax incentive mechanism may become a catalyst for the economic development and contributes to securing employment.

scholarly journals INTERNATIONAL FRANCHISE AGREEMENT

2019 ◽  
Vol 4 (5) ◽  
pp. 332
Author(s):  
Bohdan Stetsiuk ◽  
Yurii Miroshnychenko ◽  
Pavlo Dudko
Keyword(s):  
Practical Implication ◽  
Integrated Approach ◽  
Structural Method ◽  
Scientific Methods ◽  
Legal Method ◽  
Legal Nature ◽  
Analysis And Synthesis ◽  
International Regulations ◽  
General Scientific ◽  
Definition Of

The purpose of the article is to study the legal nature of the international franchise agreement, its types, essential conditions and peculiarities of its conclusion. The subject of the study is the international franchise agreement. Research methodology. The research is based on the use of general scientific and special-scientific methods and methods of scientific knowledge. The dialectical method allowed investigating the definition of the international franchise agreement and its essential conditions. The comparative legal method was used to compare doctrinal approaches to this issue. Interpretation of the content of international legal acts governing issues related to the conclusion of the international franchise agreement was realized with the help of the normative-dogmatic method. The system-structural method is used to study the international franchise agreement as a single whole (system) with the coordinated functioning of all its elements. The methods of grouping and classifying formed the basis for separating the list of conditions, which are necessary for the conclusion of this contract, as well as the provisions that should be included in the content of the agreement. Methods of analysis and synthesis helped to study some parts of this agreement to formulate further conclusions. Practical implication. The analysed recommendations of scientists and lawyers, as well as the provisions of international regulations, can be used when concluding an international franchise contract. Correlation/originality. The scientific novelty of the work consists of an integrated approach to the study of theoretical and practical issues related to the international franchise agreement.

scholarly journals On the Application of Information Audit for the State Public Audit

2021 ◽  
Vol 11 (3) ◽  
pp. 36-46
Author(s):  
Ye. A. Chegrinets
Keyword(s):  
Public Management ◽  
Legal Status ◽  
Financial Control ◽  
Scientific Methods ◽  
The Public ◽  
Public Resources ◽  
General Scientific ◽  
Analytical Research ◽  
Basic Approaches ◽  
Definition Of

The paper analyzes methodological approaches to the implementation of information audit by public audit institutions. The aim of the research is to analyze instruments of the traditional information audit developed as a part of information management theory and to make propositions on its basis on the creation of methodology of information audit as a form of public audit. It is based on general scientific methods, including comparative analyzes. The article substantiates the necessity for public audit institutions to conduct information audit due to the key value of information and information resources for the legality and efficiency of the public resources' management. The authors analyze basic approaches to the definition of the traditional information audit and its instruments. Based on this the authors made a conclusion that such general approach could be used for the purposes of public audit with necessary amendments due to specific aims of this type of public financial control, legal status of public audit institutions and position of auditees in the public management system. The study defines basic stages of the information audit conducted by public audit institutions and unique characteristics of its aims due to their interrelations with the tasks of audits and analytical research performed by such bodies. The paper also proposes basic instruments for the data collection as well as a general approach to interaction between auditors conducting information audit, auditees and other stakeholders.The practical results of the research are relevant for the introduction of information audit instruments into the practice of public audit institutions and for the development of applicable methodological documents.

scholarly journals THEORETICAL BASES AND PRACTICAL ASPECTS OF SCALING HIGH-TECHNOLOGY DRIVER COMPANIES INNOVATIVE DEVELOPMENT

2020 ◽  
Vol 2 (29(56)) ◽  
pp. 39-41
Author(s):  
I.O. Malyhina
Keyword(s):  
System Analysis ◽  
Technological Development ◽  
High Tech ◽  
Innovative Development ◽  
Synthesis System ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Definition Of ◽  
Theoretical Foundations

The relevance of the study is confirmed by the high importance of innovative and technological development of the economy. The aim of the study is to analyze the theoretical foundations of scaling high-tech companies, drivers of innovative development. Thebasis of the study was general scientific methods: analysis and synthesis, system analysis, induction. The author's definition of high-tech companies-drivers. The theoretical foundations for scaling up high-tech companies as the basis for innovative and technological development of the economy have been improved.

scholarly journals System of indicators determining the competitiveness of tourist destinations services

2021 ◽  
Author(s):  
А.Т. Тлеубердинова ◽  
Д.М. Салауатова ◽  
A. Tleuberdinova ◽  
D. Salauatova
Keyword(s):  
Applied Research ◽  
Systematic Approach ◽  
Scientific Study ◽  
Scientific Methods ◽  
Tourist Destinations ◽  
Methods And Techniques ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Definition Of

Исследование вопросов конкурентоспособности туристских услуг особенно актуально в настоящее время, поскольку большинство туристских дестинаций оказались вовлечены в острую конкурентную борьбу. В связи с этим вопросы определения уровня конкурентоспособности туристских дестинаций требует глубокого научного изучения и разработки системы показателей по определению конкурентоспособности туристских услуг, на что и направлено данное исследование. Правильная оценка конкурентоспособности туристских услуг является важным аспектом для принятия стратегических решений по развитию туристской отрасли. Целью исследования стало определение значимых критериев конкурентоспособности, которые будут положены в основу авторской методики измерения конкурентоспособности казахстанских туристских услуг. Для достижения данной цели были определены ряд задач: проведен широкий обзор существующих моделей и методик определения конкурентоспособности; по результатам данного обзора выявлены ряд индикаторов оценки конкурентоспособности, которые могут быть применены для оценки уровня конкурентоспособности туристских услуг казахстанских дестинаций; проведена экспертная оценка значимости этих индикаторов в формировании уровня конкурентоспособности туристских услуг, позволяющая разработать методику оценки уровня конкурентоспособности казахстанских туристских услуг. Теоретико-методологической базой исследования стали научные труды ученых, представляющих результаты фундаментальных и прикладных исследований в области изучения вопросов конкуренции и конкурентоспособности в сфере туризма. При проведении анализа были использованы общенаучные методы научной абстракции, анализа и синтеза, системного подхода. Результатом проведенного в статье исследования стало определение системы показателей, которые могут быть применимы при оценке уровня конкурентоспособности дестинаций и в последующем будут использованы в разработке авторского подхода к оценке конкурентоспособности казахстанских туристских услуг, что позволит провести качественный анализ основных составляющих казахстанского туризма с целью дальнейшего формирования эффективной стратегически ориентированной политики развития в этой сфере. The study of the competitiveness of tourist services is especially relevant at the present time, since most of the tourist destinations were involved in an intense competitive struggle. In this regard, the issues of determining the level of competitiveness of tourist destinations require deep scientific study and development of a system of indicators to determine the competitiveness of tourist services. Within the framework of this article, the purpose of the study was to analyze the existing methods and techniques for assessing the level of competitiveness of tourist destinations, as well as to identify the most significant components of it, to determine the list of criteria that will subsequently be applied in the author's development of a method for measuring the competitiveness of Kazakhstani tourist services. The scientific works of scientists presenting the results of fundamental and applied research in the field of studying the issues of competition and competitiveness in the field of tourism have become the methodological bases of the analysis. During the analysis, general scientific methods of scientific abstraction, analysis and synthesis, and a systematic approach were used. The result of the research carried out in the article was the definition of a system of indicators that can be applied in assessing the level of competitiveness of destinations and will subsequently be used in the development of the author's approach to assessing the competitiveness of Kazakhstani tourist services.

scholarly journals CUSTOMS AFFAIRS IN THE CONDITIONS OF COVID-19

2020 ◽  
Vol 133 (5) ◽  
pp. 42-57
Author(s):  
Taras KARAVAYEV ◽  
Nina KALUGA
Keyword(s):  
The State ◽  
Complete Analysis ◽  
International Treaties ◽  
Scientific Methods ◽  
The World ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Legislative Changes ◽  
Almost All ◽  
The Impact

Background. The COVID-19 pandemic declared by the WHO in March 2020 have significantly affected almost all sectors of economy and life spheres, including the imple­mentation of customs affairs. Introduced changes in the trade and customs policy of count­ries of the world, legislative changes and quarantine measures have affected the activity of the customs authorities of Ukraine, which requires a separate study. Analysis of recent researches and publications has shown that the published up to date papers aren’t systematic and can’t claim to be a complete analysis of the problems and challenges related with the impact of the COVID-19 pandemic on customs affairs at the WCO level and in Ukraine. The aim of the paper is to analyze the WCO measures and the implementation of cus­toms affairs by the customs of the State Customs Service of Ukraine in the conditions of the COVID-19 pandemic. Materials and methods. General scientific methods such as the systematic approach, theo­retical generalization and comparison, analysis and synthesis have been used in the research. Results of the research. Globally, the WCO and partner organizations have develop­ped measures to achieve the balance between combating the spread of COVID-19 and ensuring continuity of supply chains. The quarantine measures introduced in the world and in Ukraine have affected the activities of the customs authorities of the State Customs Service. At the first stage, 94 checkpoints across the state border and points of control were temporarily closed, 38 of which remain closed till now. The total number of vehicles passed through the customs border of Ukraine in January-September 2020 compared with 2019 decreased by more than 2 times to 6.7 million units. The largest reductions were fixed for road, air and river transport. The total volume of customs declarations of the MD-2 form decreased by 5.7%. However, the number of other customs documents, according to which goods are sent in international postal and express shipments, has significantly increased. Conclusion. In the conditions of the COVID-19 pandemic, the WCO focused their attention of customs administrations on taking the necessary measures to protect customs personnel who in direct contact with citizens and carriers when crossing borders. The mea­sures introduced in Ukraine in connection with the spread of COVID-19 have affected the activity of the customs authorities of the State Customs Service. However, the customs officials carried out customs formalities promptly and according to the current legislation and international treaties of Ukraine.

Sign in / Sign up

Export Citation Format

Share Document