scholarly journals Non-Profit Organizations as Subjects of Administrative Law

Lex Russica ◽  
2019 ◽  
pp. 51-61
Author(s):  
P. E. Spiridonov
Keyword(s):  
Public Administration ◽  
Legal Status ◽  
Civil Law ◽  
Administrative Law ◽  
The State ◽  
Legal Capacity ◽  
Legal Form ◽  
Non Profit ◽  
Non Profit Organizations

The article considers the role of non-profit organizations in the system of public administration and focuses on the peculiarities of their administrative and legal status. The author highlights an increasing role of nonprofit organizations in the system of public administration, as it is connected with the evolution of the mechanism of public administration, its decentralization and attempts to use the mechanisms of self-organization. Due to the possibility of delegation of a number of public powers by the state to non-profit organizations, it is concluded that the composition of the participants with powers in the system of public administration has changed. By involving non-profit organizations in the system of public administration, the State pursues the goal of reducing the “visible” role of the State in various spheres of economy and a political sphere. Due to the transfer of certain public powers of the State to non-profit organizations, such organizations will combine different aspects of the legal nature of the organizations, in particular the intertwined civil law status and the administrative law status, since the same normative legal acts are used without taking into account the peculiarities of legal relations in which the relevant types of non-profit organizations participate. The difference between the legal status, the legal status of a non-profit organization as a participant of administrative legal relations and a non-profit organization as a participant of civil law relations is that in civil law a non-profit organization is considered as an organizational and legal form of a legal entity — a participant of transactions and relations regulated by civil law; under administrative law and in administrative-procedural relations it is treated as a form of implementation of public rights of citizens in the sphere of public administration, certain public powers of the State in the sphere of public administration. Attention is drawn to the duality of the legal status of non-profit organizations, that is associated, among other things, with different moments of their legal personality. The moment of emergence of capacity under administrative law and legal capacity differs from the similar moment of emergence capacity under civil law and legal capacity.

Juridical Persons as Economic Operators

2016 ◽  
Vol 4 (5) ◽  
pp. 0-0
Author(s):  
Владимир Андреев ◽  
Vladimir Andryeyev
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Corporate Law ◽  
Entrepreneurial Activity ◽  
Legal Capacity ◽  
Economic Activities ◽  
Non Profit ◽  
Non Profit Organizations

The article reviews the issues of carrying out economic activities by juridical persons, their participation in civil-law transactions. The article touches upon the issues of carrying out business activities by non-profit organizations. The article investigates the problem of legal capacity of juridical persons, competencies of their bodies and the nature of juridical persons. The author considers the issues of performance of juridical persons’ civil obligations by their employees. The author concludes that the civil legislation regulates three groups of relations (activities): property and personal nonproperty relations, entrepreneurial activity and corporate relations. These separate legislative bodies represent accordingly the civil, entrepreneurial and corporate law. Thus, the Civil Code and the civil legislation embody three separate branches of law.

scholarly journals The Principle Of Legality, Principle Of Public Law

2015 ◽  
Vol 21 (2) ◽  
pp. 512-515
Author(s):  
Alexandru Stoian ◽  
Teodora Drăghici
Keyword(s):  
Public Administration ◽  
Administrative Law ◽  
Public Law ◽  
The State ◽  
Public Authorities ◽  
The Social ◽  
Social Balance ◽  
The Moment ◽  
Principle Of Legality

Abstract The principle of legality represents one of the most important principles of the state of law, which significantly contributes to defending the law order and the social balance. Established as a principle of the organization and functioning of the state public authorities at the Revolution of 1789 in France, the acknowledgement of the principle of legality in an act having a constitutional value marked the moment of foundation for the state based on law principles and represented a premise of creating a modern public administration. The principle is present at the level of each judiciary branch, which provides for its popularity due to its specificity. The paper aims at achieving a brief analysis of the role of the principle of legality in public law, presenting its importance in constitutional and administrative law.

Financial Management of Non-Profit Organization Providing Specific Services

2014 ◽  
Vol 708 ◽  
pp. 210-215
Author(s):  
Zuzana Hajduová ◽  
Nikoleta Husáková
Keyword(s):  
Financial Management ◽  
State Level ◽  
The State ◽  
Managerial Accounting ◽  
Continuous Development ◽  
Non Profit ◽  
Suitable Form ◽  
Non Profit Organizations

One of the most important role of all communities is to assure, create and take bearings to the effective support for non-profit sector, which is a very important element in providing of assistance in the cases when the help at the state level is not sufficient. On the present, non-profit organizations are experiencing their continuous development and in the result of this fact it is not uniquely determined the suitable „form“ of application of management and tools of managerial accounting in non-profit organizations, which creates the base of research, of which partial results are presented by this paper.

Civil Legal Communities in the Context of Sharing Economy

2020 ◽  
Vol 15 (6) ◽  
pp. 95-104
Author(s):  
I. Z. Aiusheeva
Keyword(s):  
Civil Law ◽  
Digital Technologies ◽  
Sharing Economy ◽  
Legal Form ◽  
Non Profit ◽  
The Status ◽  
Business Entities ◽  
The Right ◽  
Legal Consequences

The development of the economy of shared consumption (sharing economy) is recognized as one of the markers of the digital economy. Innovations and advances in digital technologies contribute to the creation of a large number of IT platforms that bring together an unlimited number of participants able to share resources. In what organizational and legal form is the activity within the framework of sharing economy permitted? Today, business and non-profit entities work in the field of sharing economy. The participation of business entities reflects the ideas of access economy, within which the features of a market economy are preserved. Associations of persons that do not seek profit may be formed in the form of a non-profit organizations or act as a civil law community with the right to make decisions incurring legal consequences on behalf of the associations without the status of a legal entity. The role of civil law communities for the development of models of sharing economy is great, so the rules governing their activities need further improvement.

Welfare Provision for Vulnerable Children: The Missing Role of the State

2005 ◽  
Vol 181 ◽  
pp. 122-136 ◽  
Author(s):  
Xiaoyuan Shang ◽  
Xiaoming Wu ◽  
Yue Wu
Keyword(s):  
Legal Status ◽  
Field Investigation ◽  
The State ◽  
Vulnerable Children ◽  
Non Profit ◽  
Government Sector ◽  
Role Of The State ◽  
Welfare Institutions ◽  
Formal Relations

This article examines the situation of non-governmental children's welfare institutions based on field investigation in China. The research finds that China's market-oriented reforms have created both the demand for and the resources required to meet the welfare needs of vulnerable children. The new private non-profit sector responds to the social demand of providing services to vulnerable children by mobilizing non-government resources whilst actively looking for new ways of co-operating with the state and fighting for legal status. However the Chinese state hesitates to establish formal relations with the new non-government sector owing to political or economic considerations, or the lack of necessary capacity and experience in the field. A major policy break-through is urgently needed to address the welfare needs of vulnerable children in China. The aim of this policy change must be to establish formal relations between the state and civil society and to define the regulatory role of the state in social welfare.

scholarly journals El papel del fiscal de consumo. Su actuación en el proceso civil en defensa de consumidores y usuarios

2020 ◽  
pp. 49
Author(s):  
Juan Bautista Calero Olmo
Keyword(s):  
Public Administration ◽  
Civil Law ◽  
Legal Framework ◽  
The State ◽  
Autonomous Communities ◽  
The Public ◽  
Consumer Rights ◽  
Natural Protection ◽  
Area Of Protection

Este trabajo lo circunscribo dentro de las potenciales actuaciones procesales que el Ministerio fiscal tiene en el área de protección de los derechos de los consumidores y en el ámbito del derecho civil privado, tratadas, principalmente, por dos circulares emitidas por la Fiscalía General del Estado (FGE) y numeradas 2/2010 y 2/2018. Dejando de lado el papel de la fiscalía en la más amplia y natural protección de fraudes y otros tipos penales y las intervenciones en defensa de los particulares, como usuarios consumidores, contra la administración pública, y aquellas otras complementarias de formación y divulgación. El Estado y las Comunidades Autonómicas han creado el marco jurídico preciso para esta protección desarrollando una amplia normativa reguladora de estas relaciones que se sustentan, en muchos casos, en el ejercicio y amparo de derechos reconocidos en leyes fundamentales.This work is limited within the potential procedural actions that the Public Prosecutor’s Office has in the area of protection of consumer rights and in the field of private civil law, mainly covered by two circulars issued by State Attorney General’s Office and numbered 2/2010 and 2/2018. Leaving aside the role of the public prosecutor’s office in the widest and natural protection of fraud and other criminal types and interventions in defense of individuals, such as consumer users, against the public administration, and those other complementary training disclosures. The State and the Autonomous Communities have created the precise legal framework for this protection by developing a broad regulatory regulation of these relationships that are based, in many cases, on the exercise and protection of rights recognized by Fundamental laws.

scholarly journals THE ESSENCE OF INCOME AND PROFIT OF NON-PROFIT INSTITUTIONS AND APPROACHES TO THEIR DETERMINATION

2021 ◽  
Vol 26 (2(87)) ◽  
Author(s):  
Serhii Baranov
Keyword(s):  
Rapid Development ◽  
National Development ◽  
The State ◽  
Economic Life ◽  
Legal Form ◽  
Non Profit ◽  
Non Profit Organizations ◽  
Business Entities ◽  
Definition Of

The key characteristic of the XXI century is the rapid development of productive resources and information technologies. This feature results in the fast development of new and existing forms of entities and to the globalization of their activities. Non-profit organizations, regardless of organizational and legal form, are beginning to play a significant role in the socio-political and economic life of modern states. Such organizations promote the development of civil society and freedom of speech, and they can be a tool for achieving both the long-term and short-term goals of the state, or a group of people united on a certain basis. That is why the legal and tax regulation of non-profit organizations is an important factor in their development and serves as a tool to control the activities of non-profit institutions by the state. By regulation of the kinds of non-profit activity, the state may promote concepts of national development as, for example, an increase of life term through granting non-profit status to sports clubs and defined hospitals. Such an approach, in the long-term perspective, may result in economic growth through an increase of lifecycle of productive resources. As of today, one of the most discursive categories related to accounting and taxation of non-profit organizations is the concept of profit which appears as a result of excess revenue of the non-profit organization over expenses related to the execution of the statutory activity. In this article, the approaches to the definition of the concept of profit and income of a non-profit institution were analyzed through the analysis of existing approaches to its definition applied to classical business entities, also the definition of a profit of a non-profit organization was proposed. Additionally, possible sources of income of a non-profit institution in accordance with current legislation, and the peculiarities of payment of remuneration to employees of non-profit institutions were analyzed. Moreover, based on the normative requirements of the Ukrainian state authorities the general formula for calculation of the taxable income of non-profit organizations was designed.

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,

GREEN BONDS AS A NEW FINANCIAL INSTRUMENT

2020 ◽  
Vol 3 (7) ◽  
pp. 98-102
Author(s):  
M. V. DUBROVA ◽  
◽  
N. N. ZHILINA ◽  
Keyword(s):  
Raw Materials ◽  
Financial Burden ◽  
Environmental Problems ◽  
Green Economy ◽  
Non Profit ◽  
The Public ◽  
Economic Problems ◽  
Green Finance ◽  
Non Profit Organizations

The relevance of the article is determined by the fact that in Russia there is no effective mechanism of state support for the activities of non-profit organizations in the field of “green Finance”. The role of non-profit organizations is leveled, which can become a serious help in solving economic problems, in particular, the problems of recycling and processing of secondary raw materials, the placement of industrial waste and household garbage, and landscaping of large megacities. The main financial burden in the field of “green economy” falls on States and large enterprises. Meanwhile, we cannot ignore the important role of non-profit organizations that can not only draw attention to environmental problems to the public, but also offer their own measures to solve environmental problems. In this regard, it becomes relevant to consider the participation of non-profit organizations in the implementation of environmental projects by attracting “green Finance”.

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