scholarly journals Abuse in the Distribution of Property of a Liquidated Corporation: Judicial and Legal Aspect

2021 ◽  
Vol 16 (5) ◽  
pp. 114-122
Author(s):  
E. M. Lyanguzova
Keyword(s):  
Rapid Development ◽  
Legal Aspect ◽  
Legal Regulation ◽  
Economic Downturn ◽  
Judicial Practice ◽  
Definition Of ◽  
The Right ◽  
And Control ◽  
Corporate Legislation ◽  
Commercial Courts

Given the rapid development of corporate legislation, it is necessary to determine the boundaries of acceptable behavior when carrying out the procedure for distributing discovered property of a liquidated legal entity. The relevance of the topic is supported by both the increase in the number of applications for the appointment of the procedure received by commercial courts, especially during the economic downturn, and the increase in the number of abuses aimed at taking possession of the property of the corporation. There are gaps in the legal regulation of certain issues of the procedure: the circle of persons, the right to submit an application, the conditions of appointment, and control over the procedure. Stakeholders find opportunities to circumvent the law, leading to new types of abuse. In the absence of detailed legislative regulation, review of practice and clarifications of the Plenum of the Supreme Court of the Russian Federation, courts have to form judicial practice based on the circumstances of specific cases, which leads to contradictions in judicial practice. The stated problem is considered from the standpoint of its corporate component, while the author departs from the traditional circle of subjects of corporate law and examines abuses that can be committed by both participants and management, creditors and even an arbitrazh receiver. The paper lists the main types of abuse of rights, the definition of abuse of rights is proposed. The study is based on a comprehensive analysis of judicial practice related to the consideration of cases by commercial courts on applications for the appointment of a procedure.

administrasi ketatausahaan sekolah

2020 ◽  
Author(s):  
Isra Revenia
Keyword(s):  
Information Needs ◽  
Control Functions ◽  
Definition Of ◽  
The Right ◽  
And Control

This article is made to know the destinantion and the administrasi functions of the school in order to assist the leader of an organazation in making decisions and doing the right thing, recording of such statements in addition to the information needs also pertains to the function of accountabilitty and control functions. Administrative administration is the activity of recording for everything that happens in the organization to be used as information for leaders. While the definition of administration is all processing activities that start from collecting (receiving), recording, processing, duplicating, minimizing and storing all the information of correspondence needed by the organization. Administration is as an activity to determine everything that happens in the organization, to be used as material for information by the leadership, which includes all activities ranging from manufacturing, managing, structuring to all the preparation of information needed by the organization.

Why Means MatterLegally Relevant Differences Between Direct and Indirect Interventions into Other Minds

2020 ◽  
pp. 49-88
Author(s):  
Jan Christoph Bublitz
Keyword(s):  
Legal Regulation ◽  
Prima Facie ◽  
Other Minds ◽  
Causal Pathways ◽  
The Law ◽  
The Right ◽  
And Control ◽  
In Virtue Of ◽  
The Brain

Whether there are intrinsic differences between different means to intervene into brains and minds is a key question of neuroethics, which any future legal regulation of mind-interventions has to face. This chapter affirms such differences by a twofold argument:. First, it present differences between direct (biological, physiological) and indirect (psychological) interventions that are not based on crude mind–brain dualisms or dubious properties such as naturalness of interventions. Second, it shows why these differences (should) matter for the law. In a nutshell, this chapter suggests that indirect interventions should be understood as stimuli that persons perceive through their external senses whereas direct interventions reach brains and minds on different, nonperceptual routes. Interventions primarily differ in virtue of their causal pathways. Because of them, persons have different kinds and amounts of control over interventions; direct interventions regularly bypass resistance and control of recipients. Direct interventions also differ from indirect ones because they misappropriate mechanisms of the brain. These differences bear normative relevance in light of the right to mental self-determination, which should be the guiding normative principle with respect to mind-interventions. As a consequence, the law should adopt by and large a normative—not ontological—dualism between interventions into other minds: nonconsensual direct interventions into other minds should be prohibited by law, with few exceptions. By contrast, indirect interventions should be prima facie permissible, primarily those that qualify as exercises of free speech. The chapter also addresses a range of recent objections, especially by Levy (in the previous chapter).

scholarly journals The Procedure for Withdrawal of Lands for the Development of a Municipal Structure

2021 ◽  
Vol 2 ◽  
pp. 21-25
Author(s):  
Ilya A. Aksenov ◽  
Keyword(s):  
Local Government ◽  
Social Relations ◽  
Agricultural Land ◽  
Legal Regulation ◽  
Land Acquisition ◽  
Judicial Practice ◽  
The Social ◽  
And Control

One of the most important issues in the development of Russia has been and remains the land issue. The article is devoted to the substantiation of the specifics of land as an object of municipal legal regulation. The object of the research of the article is the social relations arising in the process of formation, use, management and control over the lands necessary for the development of municipalities. The article reveals practical problems associated with the activities of municipalities on the use of land. The features of the procedure for seizing land property are reflected. The purpose of the legislator is revealed in the activities to improve the procedure for the seizure of land property. The initiators of the process of seizing a separate piece of land for municipal and state needs are identified. The issues of the terms of compulsory seizure of land plots are considered. The analysis of judicial practice related to the issue of material compensation in the land acquisition procedure is carried out. The issues related to the compulsory seizure of agricultural land by federal and municipal authorities are considered. The issues of seizure of land plots from unscrupulous owners are considered. The main provisions and conclusions of the article can be used in the practice of organizing and operating local government bodies in order to improve the issues of municipal legal regulation of lands.

scholarly journals Supervision and Control as Special Forms of Protecting Labor Rights of Employees who Work for Employers Being Individuals

2020 ◽  
Vol 90 (3) ◽  
pp. 63-69
Author(s):  
І. В. Василько
Keyword(s):  
Labor Rights ◽  
Labor Laws ◽  
Public Authorities ◽  
Labor Legislation ◽  
Automated Information System ◽  
The Law ◽  
Compliance With The Law ◽  
Definition Of ◽  
The Right ◽  
And Control

The emphasis has been placed on the fact that the number of recent cases of violation of labor rights of employees working for employers being individuals has significantly increased, which, in turn, necessitates effective supervision and control in this area. Based on the analysis of scientific views, the author has provided own definition of supervision and control as special forms of protecting labor rights of employees working for employers being individuals. It has been emphasized that the control within the framework of the considered issues ensures observance of the law in the sphere of labor, allows to reveal and eliminate certain shortcomings in time, as well as to take measures to prosecute employers who have violated current labor legislation. Features of this scientific category have been outlined. It has been stated that the control and supervision activity acts as a kind of guarantee of the realization of the right of employees to fair and safe working conditions, proper equipment of workplaces and compliance with the law by employers while concluding an employment contract with an employee. It has been argued that the implementation of control and supervisory activities in the studied area relies on various public authorities, where their main functions should include the detection of violations of labor rights of employees by employers, development of propositions to prevent violations of labor laws, monitoring the compliance with regulations issued in regard to employer in the result of inspections by the competent authorities, development and approval of the annual plan for scheduled inspections; drawing up minutes on administrative offenses against employers who have violated labor legislation; organization and monitoring of the compliance with labor legislation, including the collection, processing and analysis of information, operation of an automated information system for control and supervision.

scholarly journals Problems of Legal Regulation of Issues of Redistribution of Shares in the Right of Common Property

2021 ◽  
Vol 7 (9) ◽  
pp. 460-465
Author(s):  
N. Ablyatipova ◽  
Kunitsa
Keyword(s):  
Common Property ◽  
Legal Regulation ◽  
Share Ownership ◽  
Judicial Practice ◽  
The Right

The article is devoted to the peculiarities of legal regulation of the redistribution of shares in the right of common share ownership. The authors examine issues of the overall legal characteristics of the share ownership, the possibility of redistribution of shares, judicial practice is analyzed. It is concluded that it is necessary to improve legislative norms that regulate the possibility of redistribution of shares when using maternal funds

scholarly journals Current Challenges of the Labour Law of Ukraine: On the Way to European Integration

2018 ◽  
Vol 27 ◽  
pp. 88-93
Author(s):  
Yana Simutina
Keyword(s):  
European Integration ◽  
Rapid Development ◽  
Radical Change ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Labour Law ◽  
Labour Relations ◽  
Labour Legislation ◽  
Atypical Employment ◽  
Definition Of

The article describes the main challenges facing labour law and its practice in modern conditions. In particular, the author concludes that the long and complex process of codifying the labour laws of Ukraine has, regrettably, not yet achieved its main objective – namely, to bring radical change from the old model of socialist labour. The draft Labor Code submitted for consideration would, in reality, introduces some cosmetic changes, which lack the ability to modernise Ukrainian labour law. It is emphasised that in the context of Ukraine’s European integration and the rapid development of innovative information technology, labour legislation should take into account and, in fact, legalise long-standing practices in atypical employment relationships, so as to ensure labour rights and guarantees for persons involved in such activities. The author presents various elements as necessary: revision to the legislative definition of an employment contract, further differentiation and clarification in the legal regulation of labour relations, and rejection of these relations’ ‘excessive regulation’. Also proposed is an approach that renders labour relations more flexible while maintaining and ensuring the fundamental rights of employees.

scholarly journals Advantages and disadvantages of smart-contracts as the basis for the emergence of ownership

2021 ◽  
pp. 101-105
Author(s):  
K. Nekit
Keyword(s):  
Property Rights ◽  
Legal Aspect ◽  
Legal Regulation ◽  
Third Party ◽  
Smart Contracts ◽  
Advantages And Disadvantages ◽  
Technical Errors ◽  
Smart Contract ◽  
Legal Nature ◽  
Definition Of

The article examines the concepts, legal nature of smart contracts, as well as the advantages and disadvantages of smart contracts as a basis for ownership. The technical and legal aspect of the concept of smart contract is considered. Models of using smart contracts are described. Approaches to determining the legal nature of smart contracts are presented. It is concluded that two models must be considered when using smart contracts. The first model is external, when the program code does not replace the agreement, but only automates its execution. The second model is internal, when the code completely or partially replaces the terms of the agreement. Among the advantages of smart contracts as grounds for the emergence of property rights can be identified, first of all, the inability to change the terms of the contract and interference in its work. However, at the same time, this feature is a disadvantage of the smart contract, as it does not allow to take into account the objective circumstances that may affect the implementation of the agreement. The problem of oracles when using smart contracts is also considered. It is noted that the use of oracles actually means the involvement of a third party in the transaction with all the risks that arise from it. The problem of involving notaries and state registrars in transactions on acquisition of property rights on the basis of a smart contract is analyzed. The problems of lack of legal regulation of smart contracts, in particular, related to its transnational nature, is investigated. The problem of protection of the rights of the parties to the smart contract is analyzed, in particular, related to technical errors and outside interference. Temporary solutions regarding the use of smart contracts and general recommendations on the legislative definition of smart contracts are proposed.

scholarly journals ACCOUNTING FOR CAPITAL INVESTMENTS AND ITS IMPROVEMENT

2021 ◽  
Vol 2021 (1) ◽  
Author(s):  
О. Kravchenko ◽  
N. Ovcharova ◽  
A. Baha ◽  
D. Kravchenko
Keyword(s):  
Internal Control ◽  
Capital Investment ◽  
Information Needs ◽  
Rapid Development ◽  
Production Costs ◽  
Capital Investments ◽  
Investment Activity ◽  
Efficient Operation ◽  
Definition Of ◽  
And Control

At present, issues related to investment activities in Ukraine are very important. Of particular importance is the investment activity related to capital investment, creating a solid foundation for stable, efficient operation and rapid development of each enterprise. Insufficient capital investment can lead to limited opportunities, loss of income, increased production costs, increased production shortages, loss of competitiveness and decline of the enterprise. For effective management of capital investments of the enterprise the system of accounting and analytical support based on reliable definition of their cost, the mechanism of their reflection in the account and the reporting, effective system of the analysis and internal control is important. This study is devoted to the consideration of theoretical and methodological issues and problems of organization of accounting of capital investment accounting, identification of areas for improvement. This article analyzes domestic and international regulations on accounting to determine the nature and composition of capital investments. The issue of formation and differentiation of capital investment costs is considered. The classification of capital investments on various grounds is reflected, which is important for the formation of a proper organization of accounting and control in the enterprise. Sources of capital investment are the company's own funds, the use of budget funds or extrabudgetary funds, other sources of funding. The main sources of financing capital investments today are the own funds of enterprises. Generalized approaches to reflect capital expenditures that are associated with the creation or acquisition of non-current assets, as well as those that are included in the initial cost of such objects, in the accounts. It is proposed to streamline accounting through the introduction of additional sub-accounts that will meet the various information needs for analysis and control of capital investments in the enterprise. To separate the components of capital investments, the characteristics of the new sub-accounts to account 15 "Capital investments" are given. The main elements that need to be disclosed in the order on the company's accounting policy for capital investment are presented.

scholarly journals HISTORICAL EXPERIENCE OF INTELLECTUAL PROPERTY REGULATION IN GALICIA AS A PART OF AUSTRIA AND AUSTRO-HUNGARY (1772–1918)

2021 ◽  
Vol 77 (4) ◽  
pp. 23-29
Author(s):  
Ihor Boiko ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Legal Regulation ◽  
Civil Code ◽  
Industrial Property ◽  
Historical Experience ◽  
Definition Of ◽  
The Right ◽  
First Time ◽  
Right Of Reproduction

The article analyzes the features of the legal regulation of intellectual property in Ukraine, in particular in the Ukrainian lands of Austria and Austria-Hungary (1772-1918). The author shows that the main source of legal regulation of civil relations, in particular intellectual property, in Galicia as part of Austria and Austria-Hungary (1772–1918) was the Austrian Civil Code of 1811. Property rights under the Austrian Civil Code of 1811 were the right of ownership, the right of possession, the right to pledge, and easements. The author highlights that things were divided into corporeal, disembodied, movable and immovable, used and unused, with price and without price. The bodily things were those perceived by the sense organs. Disembodied things included, first of all, property rights - the right to fish, hunt, and so on. It is shown that in the Austrian Empire for the first time the provisions on the legal regulation of intellectual property were provided for in the Civil Code of 1811 (Articles 1164‒1170). The author shows that the Austrian legal acts of 1846 for the first time regulated the free use of works, including the right of translation, citation. According to the law of 1846, the artist had to reserve the right of reproduction and exercise it for 2 years under the threat of losing his rights. It is emphasized that the presence of Western Ukrainian lands in the Austro-Hungarian monarchy, in comparison with the previous period of the Commonwealth, contributed to the spiritual progress of the Ukrainian nation, intensified cultural and artistic processes in Ukrainian lands. The author reveals that an important and new normative act in the field of intellectual property regulation was the Austrian Copyright Act for works of literature, art and photography, adopted on December 26, 1895. Attention is focused on the fact that the development of industrial property rights was carried out under the influence of economic development, which in the western Ukrainian lands as part of Austria was slower than in the economically developed regions of Austria, and thus - Austria-Hungary. It is concluded that the development of legal regulation of intellectual property in Galicia as part of Austria and Austria-Hungary (1772-1918) formed a certain experience, which was characterized by the specification of objects, subjects, the definition of intellectual property, the consolidation of copyright and their defense in court.

scholarly journals Legal regulation of working hours and rest periods of seafarers in Ukraine and Finland

2021 ◽  
pp. 170-175
Author(s):  
D.O. Dmitrenko
Keyword(s):  
Trade Unions ◽  
Legal Aspect ◽  
Working Hours ◽  
Legal Regulation ◽  
Working Time ◽  
International Labour Organisation ◽  
Overtime Work ◽  
Rest Periods ◽  
Labor Legislation ◽  
The Right

The article considers the legal regulation of working hours and rest periods of seafarers under the legislation of Ukraine in the comparative legal aspect with the legislation of Finland. Much attention is given to an analysis of working hours of seafarers, compensation for the overtime work and securance of the right of annual leave and regular periods of rest under the legislation of Ukraine and Finland, as well as conformity of Ukrainian labour legislation and social rights of seafarers with the Maritime Labour Convention (MLC, 2006), and with the legislation of Finland. Ukraine hasn’t ratified any of the International Labour Organisation Conventions relating to working time and periods of rest of seafarers, and these issues are governed by the Regulation «On working hours and periods of rest of floating sea and river transport of Ukraine» (approved by Order of the Ministry of Infrastructure of Ukraine № 135 from 29.02.2012). Finland’s trade unions play an important role in working life of seafarers, by not only protecting their rights and providing decent working conditions, but also by deviations from certain provision of the Seamen’s Working Time Act (296/1976). Those deviations can concern reduction of duration of working hours, increase of payments for overtime work, providing additional rest time, etc. It is concluded that the labor legislation of Ukraine does not contain provisions on imposing sanctions on captain or shipowner in case of violation of seafarer’s right of normal working hours, annual leave and regular periods of rest, while in Finland, captain or shipowner can be prosecuted for improper or malicious violation of the procedure of the register of working hours, rest periods, compensation payments and annual leaves. Also Ukrainian legislation provide no legal mechanism for obtaining state and social guarantees by seafarers. The article suggests changes to national legislation by passing the law regarding seafarers labour rights and ratification of the Maritime Labour Convention (MLC, 2006).

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