scholarly journals An Analysis on Regulation on Optimizing the Business Environment: From the Perspective of Law

2020 ◽  
Vol 2 (1) ◽  
pp. 8
Author(s):  
Sisi Li
Keyword(s):  
Law Enforcement ◽  
Business Environment ◽  
State Council ◽  
Legal Remedy ◽  
Solid Foundation ◽  
Chinese State ◽  
Judicial Justice

<p>Chinese State Council officially promulgated <em>Regulation</em> <em>on Optimizing the Business Environment</em> on October 23, 2019, which was formally implemented on since 2020, laying a solid foundation for the optimization of business environment in the direction of legalization. From the perspective of law, business environment ruled by law involves scientific legislation, standardized law enforcement, diversified legal remedy and judicial justice. Generally, business environment includes marketization, internationalization and legalization. And business environment ruled by will further promote its marketization and internationalization as a powerful guarantee.</p>

scholarly journals Analysis of the Western Balkans Territories Using the Index of Economic Freedom

2020 ◽  
Vol 13 (46) ◽  
pp. 320-329
Author(s):  
Elena Kašťáková ◽  
Andrea Chlebcová
Keyword(s):  
Law Enforcement ◽  
Bosnia And Herzegovina ◽  
Organized Crime ◽  
Economic Freedom ◽  
Shadow Economy ◽  
Business Environment ◽  
Western Balkans ◽  
Low Level ◽  
Current State ◽  
The Republic

Abstract The aim of the paper is to assess the current state of economic freedom in the Western Balkans region using the Index of Economic Freedom. From the Western Balkans territories, the best rating in the observed period of 2010 – 2019 is achieved by the Republic of North Macedonia and the worst by Bosnia and Herzegovina. According to the 2020 Index of Economic Freedom, the region belongs to the group of moderately free economies. The investment and business environment of the Western Balkans is at a low level. The reason is poor law enforcement, corruption, organized crime, or the shadow economy.

scholarly journals Problems of Legal Policy in the Sphere of Business

2017 ◽  
Vol 4 (4) ◽  
pp. 9-12
Author(s):  
S V Bochkarev
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Civil Law ◽  
Business Environment ◽  
Law Enforcement Agencies ◽  
Legal Policy ◽  
Strategic Research ◽  
Special Procedure ◽  
The Russian Federation ◽  
The Way

For at least the last decade, the country’s authorities have paid particular attention to the creation of a comfortable business environment in the Russian Federation. A lot has been done on the way to a good goal. The changes have affected many branches of the law. At the same time, a number of problems on the way to creating a comfortable business environment remain relevant and acute. In particular, the validity of the findings of the Commissioner for the Rights of Entrepreneurs in Russia and the specialists of the Center for Strategic Research - the main moderators of the topic of pressure from law enforcement agencies on business - is questionable.The author analyzes the causes and root causes of the pressure of law enforcement agencies on business.It is recommended to develop and introduce into the criminal procedure a special procedure for consideration at the pre-trial stage of the issue of the possibility of transferring a criminal case in the sphere of business relations to the civil law plane.

Chinese Law System of Intellectual Property Right Protection in Biotechnology

2008 ◽  
Vol 5 (3) ◽  
Author(s):  
Chang Junli ◽  
Zhu Xuezhong ◽  
He Guangyuan
Keyword(s):  
Intellectual Property ◽  
Local Governments ◽  
Life Sciences ◽  
Patent Law ◽  
Property Right ◽  
Intellectual Property Right ◽  
State Council ◽  
Law System ◽  
Chinese Law ◽  
Chinese State

AbstractThis paper deals with the Chinese law system on protecting the biotechnology intellectual property right. This law system includes the copyright law and the patent law, etc. as well as the regulations being issued by the Chinese State Council and the Chinese Council Ministries and the authorized local governments, such as the Protection of New Varieties of Plants issued by the Chinese State Council. The establishment and application of this law system in the area of biotechnology have resulted in a rapid development of biotechnology and life sciences in China. In the meantime, optimized law system to protect the intellectual property right has been demanded, in order to fit the further exploitation, application and commercialization of the techniques and productions in the area of the biotechnology and the life sciences. The history, current situation and several special topics for Chinese laws to protect intellectual property right in biotechnology shall be presented and related suggestion raised.

Genome Editing of Human Embryo: Allow or Prohibit?

2020 ◽  
Vol 11 (2) ◽  
pp. 483
Author(s):  
Аleksander Anatolievich MOKHOV ◽  
Аleksander Nikolaevich LEVUSHKIN ◽  
Aleksandr Nikolaevich YAVORSKY
Keyword(s):  
Law Enforcement ◽  
Genome Editing ◽  
Human Embryo ◽  
Critical Analysis ◽  
Civil Law ◽  
Legal Remedy ◽  
Editing Activity ◽  
Statutory Regulation ◽  
Enforcement Activity

Nowadays, the direction of both law-enforcement activity and dynamically developing statutory regulation is to involve genes and genetic constructions into civil-law transactions. However, the evaluation of such processes is complex within the scope of doctrine and law-enforcement. The article aims to uncover the issues of statutory regulation within genome editing activity of human embryo in Russia. The critical analysis underlines the proposals to prohibit the genome editing of human embryo due to its low efficacy, complexity of it actual maintenance via the existing legal remedy and mechanisms. There is a presentation of legal course developments within the genome editing of human embryo together with existing risks consideration for such kind of activity.

scholarly journals THE PERCEPTION OF LEGAL RISK AND ITS IMPACT ON THE BUSINESS OF SMES

2020 ◽  
Vol 8 (2) ◽  
pp. 1-13
Author(s):  
Zuzana Virglerova ◽  
Francesca Conte ◽  
John Amoah ◽  
Maria Rita Massaro
Keyword(s):  
Law Enforcement ◽  
Negative Impact ◽  
Business Environment ◽  
Z Score ◽  
Chi Square ◽  
The Czech Republic ◽  
Legal Risk ◽  
Statistical Hypotheses ◽  
Legislative Changes ◽  
The Impact

One of the prerequisites for a favourable business environment is a stable legislative context and law enforcement. In particular, for SMEs, that do not have the financial resources for stable legal assistance, legal risk is becoming one of the most important business risks. The aim of this paper is to enrich the current scientific knowledge with a comparison of the impact of legal risk on SMEs in selected countries. The empirical research was conducted by Tomas Bata University in Zlín during 2019-2020. In total, 1935 SMEs completed the questionnaire and their responses were examined to fulfil the purpose of the paper. The four statistical hypotheses were analysed through statistical methods such as Z-score and Chi-square tests, with IBM SPSS Statistics 23.0 used for data evaluation. Findings highlight that more than 50% of SMEs consider the management of legal risk as appropriate. Only 39% of SMEs consider the business environment as over-regulated. Almost 50% of entrepreneurs agree that their business is affected by frequent legislative changes but with no negative impact. There are statistically significant differences in consideration of legal risk between SMEs from the Czech Republic and the rest of the selected countries (Slovakia, Poland, Hungary and Ukraine).

Chinese State Council Budget Tracker

2021 ◽  
Author(s):  
Ryan Fedasiuk ◽  
Emily Weinstein ◽  
Ben Murphy ◽  
Alan Loera
Keyword(s):  
Science And Technology ◽  
Chinese Government ◽  
State Council ◽  
Public Investments ◽  
Science Technology ◽  
Chinese State ◽  
High Level ◽  
Available Information

It’s widely understood that Beijing invests significant resources in shoring up its science and technology prowess, but the extent and flows of the Chinese government’s public investments in S&T are not as well known. This project tracks publicly available information about the budgets of more than two-dozen high-level Chinese government entities, including those that support science, technology, and talent recruitment.

scholarly journals The Urgency of the Harmonization of Interception Regulation in the Context of Law Enforcement

2020 ◽  
Vol 3 (2) ◽  
pp. 125
Author(s):  
Moh. Fadhil
Keyword(s):  
Law Enforcement ◽  
Service Providers ◽  
Constitutional Court ◽  
The Right To Privacy ◽  
Legal Remedy ◽  
Law Enforcement Officials ◽  
Permit Application ◽  
The Right ◽  
Legal Subjects ◽  
Current Mechanism

Systems regarding the legal remedy of communication interception can be found in several regulations. However, those systems are not supported by horizontal harmonization since each regulation governs the mechanism differently, so there is a disparity among interception regulation. This paper analyzes the harmonization of wiretapping regulations in Indonesia from a law enforcement perspective with an inventory of regulations governing the current mechanism of interception. The results concluded that first, the disparity in intercepting authority of communication interception practice regulated by several institutions in the same form of crime eradication authority must be reformulated to restore overlapping regulations. Secondly, the interception regulation as a coercive force that derogates the right to privacy must contain detailed provisions in terms of a permit request and the wiretapping authority. The permit application must contain the purpose of the request for wiretapping permission descriptively. Moreover, these provisions must explicitly regulate legal subjects that are authorized to conduct wiretapping practice in the form of clear mechanisms and coordination with the direct superiors and court supervision regulating the interception procedure as well as the cooperation between law enforcement officials and telecommunications service providers. Third, prospectively interception regulations can be assessed from the political will of the legislators. The decision of the Constitutional Court No. 5/PUU-VIII/2010 mandates the need for horizontal harmonization of interception regulations in the form of the Interception Bill, which is also included in the 2019 National Legislation Program.

scholarly journals Grey Economy and Perspectives of Bulgarian Businesses Development in the EU Accession Period

Ekonomika ◽  
2008 ◽  
Vol 84 ◽  
Author(s):  
Valentin Goev ◽  
Venelin Boshnakov
Keyword(s):  
Law Enforcement ◽  
Business Environment ◽  
Business Organizations ◽  
Economic Space ◽  
Business People ◽  
Sample Data ◽  
The Common ◽  
The Impact ◽  
System Effectiveness ◽  
The Eu

he paper suggests some empirical evidence on selected issues related to the influence of business environment factors and corruption practices anticipated as barriers to the successful finalization of the transformation of Bulgarian economy and its integration in the common European economic space. The analysis utilizes sample data from a questionnaire survey among 345 representatives of business organizations having ownership, managerial, or expert positions within the firm. During the survey, respondents expressed their opinions about the spread of grey economy as well as about various aspects of transactions underreporting practices in their branch, providing a ground for the evaluation of the impact of these phenomena on the perceived potential for private businesses development. Evidence from business people attitudes is provided in support of the opinion that restraining the corruption and bureaucratic barriers, provision of the higher public decision-making transparency, as well as improving law enforcement and judiciary system effectiveness are important conditions for domestic entrepreneurship stimulation and overall stable economic growth within the European economy.

Legal regulation of property rights to another's property abroad

2021 ◽  
pp. 147-153
Author(s):  
K. Pitsyk
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Property Rights ◽  
Legal Regulation ◽  
Contract Law ◽  
Comprehensive Analysis ◽  
Practical Significance ◽  
Economic Activities ◽  
Real Right ◽  
Legal Remedy

Purpose. The purpose of the article is to analyze the grounds and procedures of the emergence of property rights to another's property abroad, to identify its interconnectedness and interdependence. Methodology. The methodology includes a comprehensive analysis and a synthesis of available scientific and theoretical information. It is includes the formulation of relevant conclusions and recommendations. Such methods of scientific knowledge were used: terminological, functional, systemic-structural, logical-normative. Results: In business and other economic activities there are situations in which there is a need to use someone else's things or property. This possibility is more often satisfied by means of contract law. However, in some cases, the contract is not a reliable legal remedy to meet the need to use someone else's thing. After all, the contract can be terminated at any time unilaterally and the user of someone else's thing is forced to terminate such use. Therefore, there was a need to invent a more reliable remedy that would ensure the continuous and unhindered use of someone else's property or even property. Such a means was the consolidation of the real right to use someone else's thing. Scientific novelty. In the process of research is established that common characteristics of the institution of limited property rights to another's property abroad is that the subjects of rights to another's property may be those persons who may be subjects of civil rights, first of all, any natural and legal persons. Practical significance. The results of the research can be used in legislation and law-enforcement activities.

scholarly journals Mewujudkan Keadilan Melalui Upaya Hukum Peninjauan Kembali pasca Putusan Mahkamah Konstitusi

2016 ◽  
Vol 12 (2) ◽  
pp. 328
Author(s):  
M. Lutfi Chakim
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Constitutional Court ◽  
Criminal Cases ◽  
The Public ◽  
Binding Force ◽  
Procedure Code ◽  
Legal Remedy ◽  
The Supreme Court ◽  
Pros And Cons

The reconsideration is an extraordinary legal remedy to the decision of Court that have legally binding (inkracht van gewisjde). The Decision of the Constitutional Court No. 34/PUU-XI/2013 stated that extraordinary legal remedy aims to obtain justice and truth material, so the provisions of Article 268 paragraph (3) Criminal Procedure Code states that, “request reconsideration of a decision can only be done once only” contrary to the 1945 Constitution and does not have binding force. The decision of Constitutional Court raises the pros and cons, on one side there are statements that reconsideration more than once is an effort to protect the rights of the public in obtaining justice, but on the other side there are statements that reconsideration is more than once is a violation of the principle of legal certainty. After analyzing the decision of the Constitutional Court No. 34/PUU-XI/2013  it could be concluded that, first, the reconsideration is more than once in accordance with the public interest to obtain justice in law enforcement, because in obtaining justice and truth material can not be limited by time. Second, the decision of the Constitutional Court are final and binding, despite raises the pros and cons, then all are required to implement the decision of the Constitutional Court. Therefore, the Supreme Court is expected to soon complete the Regulation of the Supreme Court about filing reconsideration in criminal cases by adjusting the decision of the Constitutional Court.

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