scholarly journals Institutionalization of Constitutional Norms in the Dynamics of the Subject Matter of the Legal Regulation

2020 ◽  
Vol 15 (3) ◽  
pp. 17-25
Author(s):  
N. E. Taeva
Keyword(s):  
Legal System ◽  
Subject Matter ◽  
Natural Law ◽  
Constitutional Law ◽  
Legal Regulation ◽  
Legal Institutions ◽  
Present Stage ◽  
The Subject

In the paper based on conceptual provisions put forward by Prof. Kozlova, the author sets the objective to identify tendencies that manifest themselves in the development of constitutional and legal institutions at the present stage taking into account the dynamics of the subject of legal regulation, as well as the ongoing transformation of the Russian legal system. In this regard, the author has examined the problem of expanding the field of relations regulated under constitutional law. The author has concluded about the blurring of boundaries between institutions of constitutional law, which entails the problem of attribution of norms to a particular institution. The paper has analyzed the issue of emergence of intersectoral institutions that can be characterized as neither public nor private, as neither substantive nor procedural. This leads to the need to change the very approach to the concept of “institution of law.” It is concluded that constitutional law institutions can contain unwritten legal regulators that can include both rules of natural law and rules of conduct developed directly in the society.

scholarly journals Financial leasing as financial and credit support for investment activities of enterprises

2018 ◽  
pp. 59-68
Author(s):  
Tetiana Vasylieva ◽  
Liudmyla Zakharkina ◽  
Oleksii Zakharkin
Keyword(s):  
Comparative Analysis ◽  
Subject Matter ◽  
Statistical Data ◽  
Credit Market ◽  
Legal Regulation ◽  
Financial Leasing ◽  
Current State ◽  
The Subject ◽  
Scientific Rationale

The purpose of the article is to provide scientific rationale of the place and role of financial leasing in financial and credit support for investment activities of enterprises. The subject matter of the research includes various aspects of the current state of financial leasing and ways of its advancement in Ukraine. The article provides an analysis of investment activities based on the volume of investments in Ukraine and determines the role of financial leasing as a funding for investment resources of enterprises. The paper also examines the legal and regulatory framework for financial leasing operations and highlights different interpretations of this form of financing as well as its formal indicators. An analysis of statistical data on the financial and credit market provides important insights into trends of financial leasing contracts and the volume of loans issued to corporate borrowers, and thus makes it possible to conclude that there is a lack of leasing operations in business activities of entities. The point is mainly supported by the fact that financial leasing contracts which have been made lately are not widespread enough after the crisis in 2014. The dynamics of changes in the volume of leasing contracts by dates of signing is considered, and it is found that there is a tendency to shortening the duration of financial leasing services. An industry factor of providing financial leasing services is taken into consideration and the main industries where these services are widespread are described. The existing approaches to evaluating the effectiveness of leasing contracts are systematized. The key challenges that hinder the growth of leasing in Ukraine are identified. The research methods used in the article include: analysis, synthesis and abstraction (for forming the rationale and developing the terminological and conceptual framework of the study); comparison, systematization and logical generalization (for examining the concept of financial leasing, its legal regulation and specific features of using in Ukraine); statistical, structural and comparative analysis (for exploring ways of advancement of financial leasing in Ukraine).

scholarly journals Mediacja obligatoryjna – uwagi na tle ustalania predyspozycji mediacyjnej sporu oraz obaw stron przed stosowaniem mediacji

2018 ◽  
Vol 27 (3) ◽  
pp. 61
Author(s):  
Adam Zienkiewicz
Keyword(s):  
Legal System ◽  
Subject Matter ◽  
Justice System ◽  
Practical Experience ◽  
Business Cases ◽  
The Subject

<p>The main aim of the article is to present the considerations concerning the issue of introducing mandatory mediation into the Polish legal system within the scope of business lawsuits as well as some other kinds of civil disputes with respect to determining their suitability for mediation and the parties’ concerns regarding the use of mediation. The choice of the subject matter and the aim of these considerations have been mainly inspired by the author’s practical experience of working as a mediator in civil disputes (including business cases) and the relevant statistics concerning mediation proceedings held within the Business Mediation Center (BMC) at the District Chamber of Legal Advisers in Olsztyn. Introducing an obligation to mediate in selected types of disputes into the Polish social-legal system following an appropriate legislative and organizational preparation should, in principle, be considered beneficial as it might lead to popularizing mediation and making the most of its potential and advantages. Furthermore, expanding the citizens’ access to the broadly understood system of justice in its in- and out-of-court formula may result in reducing a backlog of cases in courts of justice and, in consequence, strengthening the idea of diversification in the justice system.</p>

Part VI The Law of Property, 29 The Distinction Between Movables and Immovables

2017 ◽  
Author(s):  
Torremans Paul
Keyword(s):  
International Law ◽  
Legal System ◽  
Subject Matter ◽  
Private International Law ◽  
The Subject ◽  
The Law

This chapter examines the distinction between movables and immovables under English private international law. The first task of the court in a private international law case when required to rule on the question of a proprietary or possessory nature is to decide whether the item of property in dispute is movable or immovable. The legal system that will be applicable to the case depends on this preliminary decision. This chapter first considers the classification of the subject matter of ownership into movables and immovables by the law of the situs before looking at some examples relating to mortgages, trusts for sale, and annuities. It also discusses the relevance of the distinction between realty and personalty and concludes by explaining the distinction between tangible and intangible movables.

scholarly journals III. The croonian lecture. - On the discovery, morphology, and environment of Sinanthropus pekinensis

1934 ◽  
Vol 223 (494-508) ◽  
pp. 57-120 ◽  
Keyword(s):  
Subject Matter ◽  
Research Laboratory ◽  
Geological Survey ◽  
Present Stage ◽  
Present Communication ◽  
Geological Society ◽  
The Subject

During the interval which has elapsed since the subject-matter of this paper was presented in lecture form, a memoir has been completed by the Cenozoic Research Laboratory of the Geological Survey of China, on the subject of “ Fossil Man in China ” and ancillary problems of Cenozoic research in that area (Black and others, 1933). By reason of this fortunate circumstance it has become possible to incorporate in the present communication a resume of the chief geological, palaeontological, and archaeological conclusions to which we have been led as a result of the completion to its present stage of that wider study. It is a pleasure to acknowledge here my indebtedness to my friends and colleagues of the staff of the Cenozoic Research Laboratory, without whose cordial co-operation and assistance the present paper could not have been written. To my friends Dr. V. K. Ting, Honorary Director of Cenozoic Research in China, and Dr. Wong Wen Hao, Director of the Geological Survey of China, I wish also to express again my most hearty thanks for their unfailing help and support throughout the whole course of my work in China. I wish further to thank Dr. Wong for permission to use here, in modified form, a number of illustrations which have appeared earlier in publications either of the Geological Survey, or of the Geological Society, of China. The general physiography and location of the Choukoutien area is admirably illustrated in Professor G. B. Barbour’s two block diagrams, figs. 1 and 2, and in the three field sketches by the same artist of the immediate Choukoutien terrain, here reproduced in fig. 3. I am much indebted to Professor Barbour for his kindness in preparing and permitting me to use these instructive and artistic illustrations.

The Act on the National Cybersecurity System as an Implementation of the NIS Directive

2020 ◽  
Vol 12 (1) ◽  
pp. 179-193
Author(s):  
Tomasz Aleksandrowicz
Keyword(s):  
Information Systems ◽  
Legal System ◽  
Subject Matter ◽  
Critical Analysis ◽  
Scientific Literature ◽  
European Parliament ◽  
Basic Method ◽  
The Subject ◽  
The Republic ◽  
High Level

The article is devoted to the issue of the implementation of the Directive of the European Parliament and of the Council (EU) of 6 July 2016 on measures contributing to a high level of security of networks and information systems within the territory of the Union (the so-called NIS Directive) into the Polish legal system. In this context, the author analyses the Act on the National Cybersecurity System, presenting the system and its individual components. The subjects of consideration are the provisions of the Act on National Cybersecurity System of the Republic of Poland and other legal acts concerning the subject matter, which entered into force before the adoption of the analysed act. In conclusion, the author states that in some cases, it is necessary to amend individual legal acts in order to avoid ambiguities which lead to disruption of the system as a whole. The basic method used in this article is legal dogmatics and critical analysis of the scientific literature, documents and opinions of experts—practitioners.

Trends and Problems of Legal Regulation of Relationships between State and Business

10.12737/7245 ◽  
2014 ◽  
Vol 3 (1) ◽  
pp. 0-0
Author(s):  
Андрей Габов ◽  
Andrey Gabov
Keyword(s):  
Legal System ◽  
General Result ◽  
Civil Law ◽  
Legal Regulation ◽  
The State ◽  
Evidence Based ◽  
Present Stage ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
State Relations

This article analyzes some important trends and issues in the development of legal regulation of relations between the state and business. The article noted the main negative trends and challenges in the development of legislation at the present stage: the increasing instability of legal regulation; lack of priorities and evidence-based forecast, the consistency of decisions etc. These trends are accompanied by comments and examples from recent changes in the civil law. It is noted that the General result of all these negative trends is the increasing uncertainty of legal regulation, reducing its effectiveness. It is noted that the shortcomings of our legal system in part of state relations and business at the present stage amplified two significant external challenges: the creation of a Eurasian economic Union (EEU) and participation in the WTO; the adoption of a number of States sanctions against Russia in connection with the known events in Ukraine.

scholarly journals Public services and digital technologies: legal registration in constitutional law

2019 ◽  
pp. 27-33
Author(s):  
E. P. Voronyuk
Keyword(s):  
Constitutional Law ◽  
Public Services ◽  
Social Issues ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Present Stage ◽  
Public Authorities ◽  
Technological Organization ◽  
Stage Of Development ◽  
Legal Context

The purpose of the article is to identify the role and place of digital technologies in public services. Considering the content and importance of the constitutional and legal regulation of public services using digital technologies in the context of the implementation of the constitutionally enshrined social statehood of Russia, the author draws the following conclusion: the objective of the modern State is to fully ensure enforcement of the needs of citizens and the provision of public services using digital technologies.The analysis of doctrinal approaches and normative consolidation of information and technological organization of interaction between citizens and public authorities showed that the innovative way of digital technologies has been chosen and normatively consolidated in modern Russia as the basis for economic development — the basis of Social Statehood. This requires scientific understanding and development of mechanisms for its implementation in social issues in the legal context.Also, the author gives a brief overview of the main risks of introduction of digital technologies in Russian constitutional law at the present stage of development. The paper reveals topical issues in heoretical and practical contexts; the author suggests the ways how they can be resolved. 

scholarly journals Merger and division nullity in the Romanian legal system

2013 ◽  
Vol 7 (2) ◽  
Author(s):  
Bejan Felicia
Keyword(s):  
Legal System ◽  
Subject Matter ◽  
Legal Framework ◽  
Third Parties ◽  
European Directives ◽  
Legal Norms ◽  
Cross Border ◽  
The Subject ◽  
The Creation ◽  
Juridical Acts

As a consequence of the transposition of european Directives regarding the merger, division, and cross-border mergers, the Romanian legal system established a special legal framework with regard to the sanction of nullity for such juridical acts. The peculiarities of internal and cross-border reorganisation operations, and the imperative of protecting the interests of third parties, associates, and the companies involved led to the creation of a derogatory legal system on the matter. An analysis of both theoretical and practical perspectives of the subject matter may result in a useful instrument for the application of incidental legal norms, or every time restructuring juridical acts contravene the legal norms. 

Sign in / Sign up

Export Citation Format

Share Document