scholarly journals INDIVIDUAL ISSUES OF LEGAL UNDERSTANDING OF FACTORING

2021 ◽  
pp. 93-100
Author(s):  
O. V. Haran
Keyword(s):  
Financial Services ◽  
Policy Development ◽  
Rapid Development ◽  
The European Union ◽  
Complex Concept ◽  
Judicial Practice ◽  
Business Efficiency ◽  
Contract Type ◽  
The Right ◽  
Legal Understanding

The article is devoted to the disclosure of certain issues concerning the understanding of the essence of the category “factoring” as an important component of financial services through the prism of today’s challenges. It is determined that the concept of factoring (financing under the assignment of the right of monetary claim) is not enshrined in civil law. It was stressed that the economic crisis has exacerbated the problem of limiting financial resources and providing quality financial services, which leads to the search and implementation of innovative types of financial services and needs to improve the transmission mechanism of monetary policy, development of credit operations of banks and financial companies standards of the European Union, improving trade conditions in Ukraine. And here, factoring comes in handy, which is an effective tool to accelerate money circulation and increase business efficiency. However, due to the rapid development of factoring in the financial services market – regulations in this area need to be updated and there is a need to introduce new scientific recommendations for its practical application. In the article the essence of factoring is covered in the plane of theory, and also, in the plane of judicial practice. It is noted that among researchers of this issue there is no generalizing concept of this category and understanding the essence of this legal phenomenon through the prism of today’s challenges. Emphasis is placed on the existence of four main concepts of factoring, namely: the assignment of the right of claim; it is a banking operation; this is a type of financial services; this is a separate independent contract type. It is proposed to consider factoring as a complex concept. Particular attention is paid to the indication of the characteristics of financial services, which allows through their prism to highlight factoring transactions.

INSTITUTE OF THE FINANCIAL OMBUDSMAN IN RUSSIA AND THE EUROPEAN UNION COUNTRIES: THE ARGUMENTS “FOR” AND “AGAINST”

2021 ◽  
Vol 11 (1) ◽  
pp. 208-224
Author(s):  
M.V. PETRUKHIN ◽  
A.N. PETRUKHINA
Keyword(s):  
Conflict Of Interest ◽  
Financial Services ◽  
The European Union ◽  
Federal Law ◽  
Financial Organization ◽  
European Union Countries ◽  
History Of ◽  
The Russian Federation ◽  
The Right ◽  
Domestic Law

The article is devoted to a new method of out-of-court dispute resolution for domestic law – the institution of financial ombudsman. The article explores the history of the institution; based on the analysis of the Federal Law of 4 June 2018 No. 123-ФЗ “On the Commissioner for the Rights of Consumers of Financial Services”, the author identified problems of the functioning of this institution in the Russian Federation (the absence in Russian legislation of the purpose of the financial ombudsman, the introduction of mandatory pre-trial settlement of the dispute by the financial ombudsman, the absence of the financial ombudsman’s right to reduce the amount of the penalty, the absence of the right to recover a fine in case of violation of the rights of a consumer of financial services, etc.), and also suggested ways to solve them. As possible vectors for the development of the institution under study, the researchers propose to expand the concept of a conflict of interest, establishing the same grounds for challenging a financial commissioner, which are established by civil procedural legislation for challenging a judge. And also, provide the financial ombudsman with the right to reduce the penalty charged to the financial organization, and provide the financial ombudsman with the right to collect a fine from the financial organization.

scholarly journals Claiming the nullity of a substantive right in the levy of execution. The issue of unfair and unwritten terms

2020 ◽  
Vol 14 (1) ◽  
pp. 1222-1232
Author(s):  
Gabriela Răducan
Keyword(s):  
The European Union ◽  
Relative Nullity ◽  
Judicial Practice ◽  
Force Majeure ◽  
The Law ◽  
Unfair Terms ◽  
The Right ◽  
Substantive Law ◽  
Legal Compensation ◽  
Extended Interpretation

AbstractThe present study aims at the extended interpretation of the legislative reformulation of the article 713 paragraph (2) Criminal Procedure Code through the Law no. 310/2018 on the amendments the Code of Civil Procedure, with emphasis on the possibility and, in concreto, on the admissibility to claim the nullity of the substantive law (also in respect of unfair or unwritten terms), but also other causes of ineffectiveness of the legal act constituting enforceable title, other than a court judgement. The problem of interpretation was generated by the addition of the phrase „including a common law action” at the end of the legal text which allows to invoke some de facto or de jure reasons relating to the substance of the law, in the levy of execution regarding another writ of execution than a court judgement, as long as the law does not provide another procedural way to annul it. The notion of “procedural action” being chosen and the identification of the action “of general jurisdiction” are going to generate non-unitary practice, so we opted for their explanation, but the present study aims mainly to argue that the legislative amendment does not affect however, the possibility to claim, in the levy of execution, of some causes of ineffectiveness of the legal act representing the enforceable title, such as absolute or relative nullity (total or partial) of general jurisdiction, but also when it is determined by the identification of unfair terms or terms deemed as unwritten, but also the possibility to claim the exception of non-execution of the contract, along with other permitted defences (legal compensation, statute of limitation, force majeure, causes of extinction of the claim, etc.). In particular, in the area of abusive clauses, although the debtor has the right to an action of general jurisdiction, the national judge will not be able to allow the inadmissibly of their claim by way of the levy of execution. The conclusions of the study are of the utmost importance and can contribute to the standardization of the judicial practice and, in terms of abusive clauses, to its harmonization with the jurisprudence of the C.J.E.U. (Court of Justice of the European Union).

Non-judicial Forms of Resolving Disputes Related to the Protection of Consumer Rights in Russia and the European Union: Results of 2018-2019

2019 ◽  
Vol 10 (3) ◽  
pp. 954
Author(s):  
Marina M. VILDANOVA ◽  
Elena P. ERMAKOVA ◽  
Tatyana V. ALEKSEEVA
Keyword(s):  
European Union ◽  
Russian Federation ◽  
Consumer Protection ◽  
Financial Services ◽  
Dispute Settlement ◽  
Legal Regulation ◽  
The European Union ◽  
Special Procedure ◽  
The Russian Federation ◽  
The Right

The authors examine the features of the legal regulation of consumer protection in Russia and the European Union. It has been revealed that: (1) the evolution of non-judicial forms of consideration of consumer disputes both in the Russian Federation and in the EU will help to increase consumer protection and the accessibility of the exercise of the right to resolve disputes for consumers of different property levels, since the procedures under consideration are free of charge; (2) due to the specifics of disputes with consumers of financial services, the creation for these disputes of a special procedure for consideration by professional specialists of the financial market is justified and should positively affect the quality of consideration of cases; (3) the introduction of non-judicial forms into practice will entail a reduction in the resolution of conflict situations and a decrease in the load on the judicial system; (4) there is still some confusion of dispute settlement procedures in a number of provisions of the bill on the settlement of consumer disputes in electronic commerce in the Russian Federation, which is advisable to eliminate when finalizing the bill.

scholarly journals The Right to Be Forgotten in the European Perspective

2020 ◽  
Vol 10 (1) ◽  
pp. 58-76
Author(s):  
Yulia Razmetaeva
Keyword(s):  
European Union ◽  
Freedom Of Expression ◽  
The United States ◽  
The European Union ◽  
Legal Doctrine ◽  
Judicial Practice ◽  
Right To Be Forgotten ◽  
Legitimate Interests ◽  
The Right ◽  
The Relationship

Abstract The article focuses on the right to be forgotten, which is at the center of changes in the concept of human rights in the digital age. The origins of the right to be forgotten in European legal doctrine and judicial practice, as well as its relationship with autonomy and identity, are analyzed. The article also examines the significance of the new understanding of “time” and “data” for the adoption of this right, considering the influence of two key cases of the Court of Justice of the European Union, such as Google v. Spain [2014] and Google v. CNIL [2019] on the concept of the right to be forgotten. The place of this right, its connection with privacy and European data protection law is debated. The article focuses on jurisdictional issues, paying particular attention to both the right to be forgotten and the understanding of the relationship between privacy a nd freedom of expression in the European Union and the United States, and possible jurisdictional disputes around the world. The article also addresses the issue of balancing rights and legitimate interests, as well as the proportionality for applying the right to be forgotten, both in the European and global contexts.

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.

scholarly journals The Right to be Forgotten: Emerging Legal Issues

2021 ◽  
Vol 46 (3) ◽  
pp. 27-42
Author(s):  
Oksana Vasylivna Kiriiak
Keyword(s):  
European Union ◽  
Legal System ◽  
Legal Issues ◽  
The European Union ◽  
Judicial Practice ◽  
Right To Be Forgotten ◽  
The Right ◽  
Protection Of Right

This paper contextualizes and analyzes the main emerging approaches to the understanding of the right to be forgotten and its application in praxis, using legislation and judicial practice of the European Union and Ukraine as reference scales. By bridging the gap between positive and interpretative orders of law implementation, which were previously imperatively opposed and considered mutually exclusive in the Ukrainian legal system, the paper supports the arguments that the process of mastering the protection of right to be forgotten requires a further mindset shift equally for-Internet providers and all involved law enforcers.

scholarly journals Development of the System of Customs Examinations in Ukraine in the Context of Compliance with the Requirements of the European Union

2019 ◽  
pp. 106-117
Author(s):  
Оleksandr Punda ◽  
Daria Arziantseva
Keyword(s):  
European Union ◽  
The European Union ◽  
Certification Programs ◽  
Expert Opinions ◽  
Judicial Practice ◽  
International Trends ◽  
Priority Task ◽  
Voluntary Certification ◽  
Anglo American ◽  
The Right

The issues of improvement of the system of customs examinations in Ukraine in the context of compliance with the requirements of the European Union are researched. One of the elements of the adaptation process is the implementation of European regulations on the organization and conduct of examinations by customs laboratories and the use of the best national practices in regulating the activities of the customs institutions. It has been determined that modern cooperation in harmonizing national legislation with the requirements of the European Union in the field of expert activity encourages the formation of the unified understanding of the content of expert competencies, expert training and certification programs, as well as mutual accreditation of expert structures. This allows us to recognize the methodological support of expert activity and to obtain expert opinions on the basis of studies conducted in customs laboratories of other countries. To this effect, within the framework of harmonization there is a need for the unified procedures of approbation and valuation techniques for goods examining. It has been noted in the work that the mutual validation of research methods in the framework of examinations and their voluntary certification in the bodies of conformity assessment of the WTO member states is the matter of great importance. In this regard, the priority task of the development of the institute of customs examination in Ukraine is to increase the reliability of expert opinions and the prevention of expert errors. It has been specified that the judicial practice of considering cases in the customs sphere indicates the presence of procedural, legal, organizational, and methodological errors in the appointment, organization and conduct of customs examinations. The main international trends in the development of the institution of examination as an expert form of specialist knowledge is the convergence of the Anglo-American and continental systems of law in matters of examination. The necessity of securing in the customs legislation the right of the declarant to pose their own questions when the examination is conducted, to be present during the selection of samples or studies as part of the examination, to get acquainted with the methods and tools used to conduct research has been proved.

The right to appeal to the European Court of Human Rights

2020 ◽  
Author(s):  
Yuliya Samovich
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Legal Regulation ◽  
The European Union ◽  
Educational Organizations ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Procedure ◽  
The Right ◽  
Judicial Protection

The manual is devoted to making individual complaints to the European Court of human rights: peculiarities of realization of the right to appeal, conditions of admissibility and the judicial procedure of the European Court of Human Rights. The author analyses some “autonomous concepts” used in the court's case law and touches upon the possibility of limiting the right to judicial protection. The article deals with the formation and development of the individual's rights to international judicial protection, as well as the protection of human rights in universal quasi-judicial international bodies and regional judicial institutions of the European Union and the Organization of American States. This publication includes a material containing an analysis of recent changes in the legal regulation of the Institute of individual complaints. The manual is recommended for students of educational organizations of higher education, studying in the areas of bachelor's and master's degree “Jurisprudence”.

INTENSITAS ASUPAN GIZI DALAM MENGEMBANGKAN KESEHATAN ANAK USIA 5-6 TAHUN DI TK UMMI ERNI DESA PEMATANG JOHAR

2019 ◽  
Vol 7 (2) ◽  
Author(s):  
Reka Indriani ◽  
Mesiono Mesiono ◽  
Sapri Sapri
Keyword(s):  
Rapid Development ◽  
Pure Water ◽  
Student Parents ◽  
Interview Method ◽  
Descriptive Research ◽  
Children Nutrition ◽  
Children Health ◽  
Class B ◽  
Quantitative Descriptive ◽  
The Right

<p><em>When children are in a process of growth and rapid development, parents and young people should pay atantion to the health and health of children so that the children can grow and develop according to their age.The purpose of this research is to identify: (1). The children nutrition 5-6 years old, (2). The children health development 5-6 years old, (3). The alternative to protect children health. This research is a quantitative descriptive research. The participants of this research which are include the principal, teacher, and the student parents at class B who is 5-6 years old. In process of collecting the data the researcher used interview method, observation, and documentation. From the research we can conclude 1).Nutrition or food that often given to the children is just four healthy five perfect foods, 2).The children in TK Ummi are the children who have healtiness, 3). The alternative that can be commited to protect the children health is do the practice, make the children common to throw the rubbish in the right place,  check the children nail, stock the pure water, set many dustbins and make a common to wash their hand before eating.</em></p>

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