scholarly journals Standardization of M&A Transactions in the USA and Europe: Empirical Research and Conceptual Analysis

Lex Russica ◽  
2021 ◽  
pp. 131-143
Author(s):  
O. V. Novikova
Keyword(s):  
Public Relations ◽  
Empirical Research ◽  
Dispute Settlement ◽  
The United States ◽  
Legal Regulation ◽  
Learning Technologies ◽  
Point Of View ◽  
The Usa ◽  
Lex Mercatoria ◽  
Dispute Settlement Procedure

The degree of standardization of the practice of M&A transactions in Europe and the United States, which is largely accepted in Russia, allows us to raise the question of the formation of lex mercatoria in the field of corporate transactions. The experience of forming and studying the standards for concluding transactions considered in the paper reflects the technological capabilities of information processing over the past 20 years. This experience is the basis for the next stage of the development of legal regulation related to the use of machine learning technologies and the transformation of the regulation of public relations. From a practical point of view, when concluding complex transactions that are yet to be unified by platform technologies, the relevance of the issue is undoubtedly relevant: what would be the usual (average, compromise, most reasonable) solution for a particular situation? The paper provides an in-depth and detailed analysis of empirical research data, in particular, the 2019 report “On the main terms of European transactions with respect to private companies” published by the American Bar Association. The author concludes that, despite some statistical limitations of the sampled information, the periodic nature, uniform methodology and international coverage of the report data allow us to track the dynamics of the use of a particular condition in time and space, as well as the level of standardization and unification of approaches to regulating M&A conditions. The author identifies the conditions that are well-established in practice, in particular, the conditions on the applicable law, the mechanism of price adjustment, risk liability insurance in connection with assurances about the circumstances, approaches to determining losses and limiting the seller’s liability. The paper also analyzes the trends of consolidating positions on controversial issues, including those related to a significant change in circumstances (MAE) and the inclusion in its scope of circumstances related to the COVID-19 pandemic, the application of the knowledge criterion, the dispute settlement procedure, etc.

Emergency powers of the authorities of the constituent units of the federation (states) in Russia, the USA and Brazil amid the spread of a new coronavirus infection

2021 ◽  
Vol 30 (3) ◽  
pp. 86-107
Author(s):  
Alexander Merkulenko
Keyword(s):  
Russian Federation ◽  
The United States ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Emergency Powers ◽  
Lack Of Control ◽  
The Usa ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Government

Due to the new coronavirus pandemic, high alert regimes were introduced across the Russian Federation in spring 2020. These emergency regimes were established exclusively by the state bodies of the Russian Federation’s constituent units – federal authorities did not introduce their own emergency regimes. This decentralized strategy of fighting the pandemic was also introduced by the USA and Brazil. Their states, without the sanction of the federal government, and in the case of Brazil, ignoring its bans, set emergency restrictions similar to those in Russia. The legal regulation of emergency regimes existed before 2020, when constituent units of the federation (states) actively used their emergency powers. However, the regimes introduced during the fight against the pandemic were slightly different to previous ones. The restrictions on rights and freedoms within these regimes were so severe that not only their proportionality was questioned, but there were also doubts as to whether the regional level of the government had the authority to establish such strict restrictions. In addition, the pandemic exposed old problems and revealed new shortcomings in the legal regulation of emergency regimes: lack of control over the realization of the emergency regime by legislative (representative) authorities, and gaps in legislative regulation – notably in the establishment of possible restrictions and of a mechanism for scrutinizing their proportionality. All this raised questions about the proportionality of the established restrictions. The Constitutional Court of the Russian Federation resolved a very insignificant amount of the problems. While the United States and Brazil faced similar issues, the practice of scrutinizing implemented restrictions in these countries was more common. This article takes domestic and foreign experiences into account, while examining certain aspects of the establishment and the operation of regional emergency regimes.

scholarly journals Private space flights: legal regulation in the United States

2020 ◽  
pp. 382-388
Author(s):  
Оleksandr Zadorozhny
Keyword(s):  
United States ◽  
Space Flight ◽  
The United States ◽  
Legal Regulation ◽  
Economic Feasibility ◽  
Gradual Transition ◽  
Significant Shift ◽  
Private Space ◽  
Space Flights ◽  
The Usa

The emergence of demand for space travel, the emergence of commercial enterprises and travel agencies in the space industry,the development of vehicles designed exclusively for transporting tourists into space – all this suggests that space may soon turn froma scientific object into a common destination. Therefore, today the legal regulation of private space flights is a promising issue, giventhat there is no such legislation in Ukraine. We turn to the analysis of the legislation of the United States of America to assess whatarray of regulations we will have to master if we want to develop private space flights at home.A private space flight is a space flight or development of space flight technology that is conducted and paid for by an entity otherthan a government agency. Depending on the purpose, private space flights are divided into flights for the purpose of transportation ofcargoes, and flights within the framework of space tourism.The article presents an overview and analysis of the legislation of the USA regulating private space flights, in particular, flightsfor the purpose of transportation of cargoes, and flights in the framework of space tourism. The author highlights a chronological formationof the commercialization of space, which clearly shows the gradual transition of the United States from a complete reluctanceto allow private space flights to the recognition of the indisputable economic feasibility of such activities. A significant shift in this areahas taken place since 2015, when five directives on space policy, the National Space Strategy and orders on the exploration, extractionand use of space resources were adopted.The author analyzes the main sources of space law in the United States. It was found that mostly, the legislation does not keepup with innovations in the commercialization of space, thus, there is a situation when first comes a relationship (flight of a tourist orcargo into space), and then – the legislative regulation of such relations.

DIGITAL FINANCIAL TOOLS FOR SOCIALIZING PRIVATE LAW

2021 ◽  
pp. 208-224
Author(s):  
Julia S. Kharitonova ◽  
◽  
Larisa V. Sannikova ◽  
Keyword(s):  
Public Relations ◽  
The United States ◽  
Legal Regulation ◽  
Private Law ◽  
Property Relations ◽  
The World ◽  
The Law ◽  
Private Investors ◽  
The Way

Nowadays, the law is being transformed as a regulator of relations. The idea of strengthe-ning the regulatory role of technologies in the field of streamlining public relations is making much headway in the world. This trend is most pronounced in the area of regulation of private relations. The way of such access to the market as crowdfunding is becoming increasingly widespread. The issuing of the so-called secured tokens is becoming popular for both small businesses and private investors. The trust in new ways of attracting investments is condi-tioned by the applied technology - the use of blockchain as a decentralized transparent data-base management system. Under these conditions, there is such a phenomenon as the democ-ratization of property relations. Every individual receives unlimited opportunities to invest via technologies. Thus, legal scholars all over the world face the question about the role of the law and law in these relations? We believe that we are dealing with such a worldwide trend of regulating public relations as the socialization of the law. Specific examples of issuing tokens in Russia and abroad show the main global trends in the transformation of private law. The platformization of economics leads to the tokenization and democratization of property relations. In this aspect, the aim of lawyers should be to create a comfortable legal environment for the implementation of projects aimed at democratizing property relations in Russia. The socialization of private law is aimed at achieving social jus-tice and is manifested in the creation of mechanisms to protect the rights of the weak party and rules to protect private investors. Globalization requires the study of both Russian and foreign law. To confirm their hypothesis, the authors conducted a detailed analysis of the legislation of Russia, Europe and the United States to identify the norms allowing to see the process of socialization of law in the above field. The generalization of Russian and foreign experience showed that when searching for proper legal regulation, the states elect one of the policies. In some countries, direct regulation of ICOs and related emission relations are being created, in others, it is about the extension of the existing legislation to a new changing tokenization relationship. The European Union countries are seeking to develop common rules to create a regulatory environment to attract investors to the crypto industry and protect them. Asian countries are predominantly developing national legislation in isolation from one another, but most of them are following a unified course to encourage investment in crypto assets while introducing strict rules against fraud on financial markets. The emphasis on the protection of the rights of investors or shareholders, token holders by setting a framework, including private law mechanisms, can be called common to all approaches. This is the aim of private law on the way to social justice.

Uncertainty of law as a factor in the stability of legal system (historical example of the USA)

2021 ◽  
pp. 235-243
Author(s):  
Nataliia S. Latypova
Keyword(s):  
Public Relations ◽  
Legal System ◽  
Legal Regulation ◽  
Gradual Transition ◽  
American Constitution ◽  
Historical Continuity ◽  
American Model ◽  
The Us ◽  
The Usa ◽  
The Stability

Certainty in law is a category that is ambiguously perceived by the scientific legal community. We make an attempt to analyze the meaning and role of the category of certainty in the process of creating a stable legal system with historical continuity. On the example of the US and France legislation, we give polar examples of the implementation of certainty of lawprinciple. We conclude about the undoubted usefulness and necessity of preserving this principle in the Russian legal system. However, a study of the French experience of legal regulation has shown that the desire for certainty, achieved through an overly detailed regulation of public relations, only cre-ates additional problems of interpretation and law enforcement, strengthening legal nihilism and citizens' distrust of law. At the same time, the American model, implying some uncertainty of law, has shown its effectiveness in its historical example. The ambiguity and framework nature of the American Constitution and basic federal laws makes it possible to interpret and concretize their provisions in judicial precedents in different ways, depending on the era and socio-political situation, which contributes to the flexibility and stability of the US legal system. In conclusion, it is noted that domestic legislators need to strive for a gradual transition to the American model of implementing the principle of certainty of law, while providing for detailed regulation of public relations at the level of bylaws. Such an approach will preserve the historical continuity and existence of basic normative acts for several decades, preserve the stability and predictability of legal regulation.

scholarly journals The Economic Analysis of the Law in the Sphere of Public Law Regulation of Activity of Economic Entities

2019 ◽  
Vol 62 ◽  
pp. 10005
Author(s):  
S.P. Bortnikov
Keyword(s):  
Public Relations ◽  
Economic Analysis ◽  
Legal Regulation ◽  
Point Of View ◽  
Economic Science ◽  
Economic Analysis Of Law ◽  
Economic Management ◽  
Time Interaction ◽  
Neoclassical Economic Theory ◽  
The Right

The relevance of work is caused by importance of correlation of the legal methods established by the power and the economic maintenance of the adjustable relations. In article the general approaches to legal regulation of economy, on the one hand, and to the economic analysis of law – with another are analyzed. The author argues the point of view according to which the correlation "law and economy" and differentiation of the economic analysis of continental and common law is necessary. Arguments in support of the centralized legal regulation and economic management of economy are adduced. Further author's main characteristics "the economic analysis of law" in the changing state of the Russian Federation, since 1990 are granted. In the most general sense methodological and ideological bases of approach to definition of legal regulation of economic management in the socialist and capitalist state are defined. According to the author, capitalism is also the deadlock direction of economic development. The approach existing in an economics represents attempt to extend phenomena of the neoclassical economic theory and neo institutionalism to the spheres of the public relations which are not connected with economy (i.e. economic approach to all social problems). Demand is not exclusively economic category, it extends also to the sphere of the right which is estimated also on availability, the price, alternative costs, usefulness. The author proves need of the researches covering boundary subject of law and economy. Arguments in support of this point of view are adduced. The conclusion is in conclusion drawn that need of researches on a joint of the right and economy is obvious now, and it concerns not only legal, but also equally economic science. At the same time interaction of sciences has to be carried out as equals, and amendments have to concern both fields of knowledge. In this regard researches "the rights and economies" can become one of the most perspective directions of development within both law, and economy.

scholarly journals Az atomerőművek üzemidejének meghosszabbítása az Egyesült Államokban és Magyarországon

2020 ◽  
Vol 15 (28) ◽  
pp. 344-375
Author(s):  
Anita Paulovics
Keyword(s):  
United States ◽  
Nuclear Power ◽  
Power Plants ◽  
Nuclear Power Plants ◽  
Operation Time ◽  
The United States ◽  
Legal Regulation ◽  
Time Limit ◽  
Energy Strategy ◽  
The Usa

This paper is about the legal regulation of the extension of the operation time of nuclear power plants.  In Hungary the most important document in this respect has been the National Energy Strategy analyzed in the paper. In Hungary, the legal regulation of the extension of the time limit of the operation-permit of nuclear power plants is modelled on that of the United States. For this reason, the paper examines the rules in force in the USA on the extension of the operation time.  It could be of interest for several European countries considering to extend the operation time of their nuclear power plants.

scholarly journals The sphere of land relations as a component of administrative and legal regulation subject

1970 ◽  
pp. 283-289
Author(s):  
Vladyslav Zalievskyi
Keyword(s):  
Public Relations ◽  
Local Governments ◽  
Legal Status ◽  
Great Part ◽  
Legal Regulation ◽  
Administrative Law ◽  
Point Of View ◽  
Land Relations ◽  
Private And Public ◽  
The Subject

The author’s approach to defining the range of land-related and ground-related phenomena based on administrative law is proposed in the article. The availability of subject authority power relations in the structure and the fulfillment of relevant functions is the main criterion for the separation of such relations. The expediency of using the term “sphere of land relations” as those arising in connection with the exercise of power by the executive authorities and bodies of local self-government is validated and the subject of the relations is land, ground area, rights to them, as well as objects and subjects derived from them. Land relations are one of the largest in volume masses regulated by the norms of public relations law where an absolute majority of both private and public entities are involved. However, due to the diversity of such entities and differences in their legal status, the legal regulation of land relations uses the methods inherent in both civil and administrative law. In addition, in terms of the land law the existence of its own legal regulation method is emphasized. A great deal of research has been devoted to the issues of administrative and legal regulation of land relations, in particular by such scientists as E. Gladkova, M. Kovalsky, V. Pakhomov, M. Shulga, O. Nevmerzhitsky, D. Busuyok and others. Relevant papers from the administrative law point of view emphasize that a great part of the relations which have the subject of land and the phenomena connected with the ground are covered by the subject of administrative law. The aim of this article is to determine the range boundaries of land-related and ground-related phenomena that are regulated by administrative law. Taking into account the normative definition peculiarities of the “land relations” concept content in order to make scientific research, it is more correct to use the term “administrative and legal regulation in the field of land relations” in comparison with the term “administrative and legal regulation of land relations”. The term “sphere of land relations”, in our opinion, should be understood as a set of relations, which in addition to land includes relations arising in connection with the exercise of power by executive authorities and local governments and the subject of these relations is land, ground area, rights to them, and subjects and objects derived from them.

scholarly journals The image of the phantom threat to children by the United States in Soviet historical cinema of the cold war period

2020 ◽  
Vol 4 (1) ◽  
pp. 25-37
Author(s):  
S. Belov ◽  
A. Zhidchenko
Keyword(s):  
United States ◽  
Cold War ◽  
Violent Behavior ◽  
The United States ◽  
Point Of View ◽  
Historical Discourse ◽  
Literary Sources ◽  
Military Conflicts ◽  
The Usa ◽  
The Cold War

The presented study is devoted to studying the practice of constructing the image of a phantom threat to children from the side of an external enemy through historical discourse in the cinema of the USSR and the USA during the Cold War. The aim of this work is to identify common and specific features in the approaches of filmmakers of the two countries to the formation of the image of a phantom threat for children from the side of an external enemy. The research methodology is built on the basis of a combination of historical genetic, comparative and descriptive, as well as content analysis. The author comes to the conclusion that in American films the historical texture in the framework of creating the image of the “Soviet threat” was used only occasionally. For the most part, the relevant plots were included in the cinematic description of actual military conflicts (for example, the war in Afghanistan), the futurological conflict of America and the USSR, or their confrontation in line with an alternative history. Soviet filmmakers were limited in terms of positioning the "American threat" by a series of unspoken rules. For example, the violent behavior of American characters toward children was described primarily verbally. Filmmakers from the United States had more freedom in terms of visualizing violence against children and adolescents. In addition, Americans could more freely and widely disclose the topic of “crimes” attributed to the Soviet side in the context of actual military conflicts. The presence of the indicated restrictions forced Soviet filmmakers to actively turn to historical subjects. However, the specifics of the origin of the basis of the corresponding narrative, which was played by foreign fiction, largely leveled its effectiveness from a political point of view. The literary sources of Soviet films were originally created by American writers for US citizens, whereby their content was saturated with positive images of America and its inhabitants. The latter often concerned the positioning of childhood, especially in a nostalgic manner. A natural consequence of this was the erosion of the negative images promoted by filmmakers. The theoretical significance of the work lies in summarizing the image of the phantom threat to children by the United States in Soviet historical cinema of the cold war period.

scholarly journals Features of Measures to Prevent Fraud Committed by Women: the Experience of Ukraine, the EU Countries and the United States

Dixi ◽  
2021 ◽  
Vol 23 (2) ◽  
pp. 1-23
Author(s):  
Viktoria Babanina
Keyword(s):  
United States ◽  
The United States ◽  
Legal Regulation ◽  
Female Crime ◽  
Eu Countries ◽  
Theoretical Approaches ◽  
Preventive Work ◽  
Special Programs ◽  
The Usa ◽  
The Eu

The article analyzes approaches to the prevention of female fraud in order to identify the best ways to combat fraud committed by women. Theoretical approaches to the measures to prevent crimes committed by women, in particular, female fraud were examined. Peculiarities of the legal regulation of the prevention of female fraud in Ukraine have been studied. The conclusion was made about the insufficiency of normative acts aimed at combating female fraud in Ukraine. In addition, the investigation revealed that measures taken in Ukraine to prevent female fraud were poor and insufficient. In parallel, the experience of the EU countries and the USA in the prevention of female fraud was analyzed in the article. The programs and methods of prevention of crimes committed by women in the USA and the EU have been studied. Based on this analysis, proposals to improve approaches to the prevention of female crime, in particular, female fraud, have been developed. In particular, the conclusion was made that preventive work among the population as well as creation of special programs to work with women would be relevant.

scholarly journals Sources of Public Relations Legal Regulation in Cyberspace

Lex Russica ◽  
2020 ◽  
Vol 73 (3) ◽  
pp. 114-120 ◽  
Author(s):  
L. G. Efimova
Keyword(s):  
Public Relations ◽  
Computer Technology ◽  
Computer Code ◽  
Legal Regulation ◽  
Point Of View ◽  
Legal Norms ◽  
Web Space ◽  
The Law ◽  
Different Sources ◽  
The Web

The paper criticizes the relatively recent view that traditional legal norms cannot be applied to public relations regulation in cyberspace. Researchers are debating whether it is permissible to regulate relationships arising from the use of computer technologies, such as cryptocurrency turnover and other relationships on the blockchain platform, by means of law. Opponents of legal regulation of cryptocurrency turnover refer to the impossibility of regulating computer technology by legal means. It is known that the lack of legal regulation of public relations is no less harmful than their overregulation. The author analyzes classical, "modernist", and eclectic approaches to the legal regulation of public relations in cyberspace. According to the author, public relations in the web space, including those that arise on the blockchain platform, can be regulated not only by national laws, but also by two special new sources of law — computer code (lex informatica) and special customs of cyberspace (lex electronica). Regulation by codes and special customs, which are concentrated on the Internet, gradually form a supranational law of cyberspace. Since the law, algorithmic code, and special customs of cyberspace are different sources of law, the point of view of those researchers who write about the decline of legal regulation and its replacement by code regulation is unfounded. It is premature to conclude that the law is dying out in the transition of contractual relations to cyberspace. Lawrence Lessig’s expression "Code is law" is correct in the sense that code is only one possible source of law.

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