scholarly journals Normal Business Operations of a Debtor in a Bankruptcy Case: Some Aspects and the Meaning of Contractor`s Good Faith

JURIST ◽  
2021 ◽  
Vol 3 ◽  
pp. 31-36
Author(s):  
Darya V. Koroleva ◽  
Keyword(s):  
Good Faith ◽  
Business Activity ◽  
Close Attention ◽  
Business Operations ◽  
Judicial Practice

Legal scholars draw close attention to the issue of the content of the concept of ordinary business activity. It is still necessary to take into account not only the already systematized explanations of the higher courts on certain issues in every insolvency case, but also the dynamics of the judicial practice and certain aspects of the debtor’s activity in a bankruptcy case. The possibility of classifying a debtor-bankrupt transaction made during a period of suspicion and in arrears on transactions as ordinary business activity of a debtor is one of the topical issues analyzed in the article. The criteria of the understanding bankruptcy debtor`s deals made during a period of suspicion and in arrears on transactions as ordinary business activity were defined in following article, also the meaning of good faith principle was defined.

scholarly journals NORMAL BUSINESS ACTIVITIES OF THE DEBTOR IN BANKRUPTCY: CRITERIA FOR RECOGNITION AND THE IMPORTANCE OF THE GOOD FAITH OF THE COUNTERPARTY

2021 ◽  
Vol 17 (1(63)) ◽  
pp. 140-150
Author(s):  
Дарья Владимировна КОРОЛЁВА
Keyword(s):  
Empirical Method ◽  
Good Faith ◽  
Legal Interpretation ◽  
Close Attention ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Legal Method ◽  
System Method ◽  
General Scientific ◽  
Interpretation Method

Legal scholars draw close attention to the issue of the content of normal business activities. It is still necessary to take into account not only the already systematized explanations of the higher courts on specific issues in every insolvency case, but also the dynamics of judicial practice and certain aspects of the debtor’s bankruptcy. A topical issue is whether transactions of a bankrupt debtor made during a period of suspicion and in arrears of payment can be classified as transactions concluded in the course of the debtor’s normal business activities. Purpose: to form a judgment on the conditions under which debtor`s transactions made during a period of suspicion and delay of performance may be assimilated by the court to its normal business activities. Methods: the author uses both general scientific methods (system method, empirical method) and special methods (comparative legal method, legal interpretation method). Results: the criteria for understanding transactions made during the period of suspicion and in delay of performance as the debtor’s normal business activities are defined; the importance of the good faith principle of the debtor’ counterparty is determined.

scholarly journals Implementation of the principle of payment of land-use on the example of land tax: possibilities and issues

2021 ◽  
pp. 1-9
Author(s):  
Igor' Olegovich Nadtochii ◽  
Vera Nikolaevna Plesnyakova
Keyword(s):  
Land Use ◽  
Law Enforcement ◽  
Russian Federation ◽  
Close Attention ◽  
Tax Base ◽  
Local Taxes ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Economic Goods ◽  
Exhaustive List

This article examines the relevant problems of land law – one of the most dynamically developing branches of law in the Russian Federation, and one of the first to undergo changes in the context of modernization of vectors of state legal policy. Analysis is conducted on the fundamental importance of the principle of payment of land-use on the example of land tax. The author explores the problems of the object of land tax and tax base, calculation of cadastral value. The conclusion is made that the chosen path of development of the land tax is unfeasible, thereby requiring an alternative solution. According to the legislation of the Russian Federation, land is one of the key economic goods. The Russian legislator gives close attention to the commerce in land of various purpose. Land tax is the equivalent of rental charge. Such similarity is interchangeable in judicial practice. There are a number of issues in land tax regulation. The constituent entities of the Russian Federation are currently limited to establishing the exhaustive list of local taxes. The organizations and private entities are not recognized as taxpayers individuals with regards to land plots in uncompensated limited use or under a lease agreement. The post-Soviet states attribute land plots with ownership right as an object of taxation. The legislative and law enforcement practice on land tax in the Russian Federation indicates a close connection between land and civil legislation. For the purpose of replenishment of budgets, the Russian Federation took the path of increasing the tax burden. It is necessary to find the new ways for implementing the principle of payment of land-use in form of land tax, which would effectively address the problems of local financing.

scholarly journals PROBLEMS OF CRIMINAL LAW EVALUATION OF PATENT TROLLING

2020 ◽  
Vol 30 (2) ◽  
pp. 282-288
Author(s):  
V.V. Rovneyko
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Good Faith ◽  
Judicial Practice ◽  
Legal Nature ◽  
Sufficient Degree ◽  
Legal Costs ◽  
The One ◽  
Abuse Of Law

The article deals with the issues of criminal law and legal assessment of patent trolling, which, on the one hand, is a kind of abuse of law and violation of the principle of good faith of participants in civil legal relations, and, on the other hand, has a sufficient degree of public danger and prevalence to be the basis of criminal liability. The author's conclusions are based on the study of media materials and judicial practice. Most of the “victims” of patent trolling pay money, not being mistaken about the legality of the claims, but being guided by the desire to avoid legal costs and other problems associated with litigation. Establishing the criminal legal nature of patent trolling is somewhat problematic, since it is a combination of fraud and extortion in the broad sense of these concepts. Signs of existing crimes, such as fraud (article 159 of the criminal code) and extortion (article 163 of the criminal code), contain definitions of these concepts in a narrow sense. This does not allow such actions to be classified as specified crimes.

scholarly journals Impact of the COVID-19 crisis on SMEs and possible innovation responses

2021 ◽  
Vol 69 (3-4) ◽  
pp. 169-184
Author(s):  
Blagoje Paunović ◽  
Zorica Aničić
Keyword(s):  
Lessons Learned ◽  
Business Activity ◽  
Business Operations ◽  
The Impact

The aim of this paper is to analyze the impact of the COVID-19 crisis on the business operations of small and medium-sized enterprises (SMEs) in Serbia as well as to identify the best ways to overcome the crisis effects and stimulate further SME growth. On a sample of 689 SMEs in Serbia, in the present paper we study the impact of the COVID-19 crisis on both the overall business of firms and certain aspects of their business (demand, logistics, organization of business activities, collection of trade receivables, and access to financing). The results of our research suggest that the crisis effects vary across the SME sector depending on the business activity, size, region an SME operates in, and the extent of achieved business digitalization and networking during the pandemic. Lastly, based on the effects of the COVID-19 crisis on the business operations of SMEs in Serbia and taking into account the experiences of other economies with the COVID-19 crisis as well as the lessons learned from previous crises, in this paper we highlight the significance of innovation and possible innovation responses of SMEs to the crisis effects as the ways to overcome it.

scholarly journals Structure as an innovation

2021 ◽  
pp. 41-60
Author(s):  
Iskra Panteleeva
Keyword(s):  
Learning By Doing ◽  
Business Practice ◽  
Time Parameter ◽  
Business Activity ◽  
Simulation Methods ◽  
Business Operations ◽  
Study Selection ◽  
New Knowledge ◽  
Evolutionary Context ◽  
Managerial Knowledge

The purpose of the chapter is to present basic theoretical fundaments in the field of structurally significant formations that companies apply in the process of their business operations, market projections and innovative changes. Organizational forms and structures are presented in the evolutionary context of the time parameter, applying a chronological historical landmark. Knowledge of the variety of possibilities for structural dimensions of the functional manifestations of business activity provides an expanded range of possible solutions. Basic definition formulations are considered. The emphasis is on the organization and organizational structural forms, changes in their practical dimensions in accordance with the changes in purely managerial knowledge and the needs of business practice for innovative changes in various functions in the scope of company’s activity. With the help of various creative and purely managerial approaches, through cognitive brainstorming activities, a set of analytical, inductive-deductive, case and simulation methods, students gain new knowledge, practical skills and visionary views on the presented issues—by combining theoretical statements, empirical factology and analytical assignments based on the principle of learning by doing. The topic draws students’ attention to the study, selection and construction of internal units and structures, including innovative ones, as part of the necessary business projections for the construction of sustainable processes to generate new value and positive impacts for the environment and stakeholders.

scholarly journals Applying the Rules of Eviction in the Domestic Civil Law

Legal Concept ◽  
2020 ◽  
pp. 89-96
Author(s):  
Elvira Osadchenko
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Semantic Content ◽  
Good Faith ◽  
Third Party ◽  
Judicial Practice ◽  
Bona Fide ◽  
The Russian Federation ◽  
Contractual Obligations ◽  
Made In

Introduction: the paper is devoted to the study of certain problematic issues of eviction, which gives rise to the responsibility of an unscrupulous seller in the event of a third party claiming a thing. For this purpose, the author considers the concept and features of a bona fide buyer, identified by the civil doctrine and used by the judicial practice. Using the methods of scientific knowledge, primarily the method of system and comparative analysis, the author identifies the constituent features of “eviction” by applying an essential-substantival approach to the study of the concept of a bona fide purchaser. Results: it is found that the Civil Code of the Russian Federation does not contain a list of criteria confirming the good faith of a person. An attempt to develop such a list is made in the paper through the semantic content of the concept of good faith. Conclusions: the author concluded that fixing the eviction signs and the criteria of good faith in the civil legislation of the Russian Federation will make it possible to protect the interests of contractors, reduce the risks and protect the parties from possible fraudulent actions and most fully ensure the performance of contractual obligations primarily on the part of the seller.

scholarly journals INTERPRETATION PROBLEM CRITERION OF CONFERENCE, LIMITING THE SCOPE OF THE MECHANISM ACQUISITION

2021 ◽  
Vol 6(72) (3) ◽  
pp. 57-66
Author(s):  
N. A. Ablyatipova ◽  
N. V. Rogozhin
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Scientific Literature ◽  
Civil Law ◽  
Good Faith ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Good Conscience ◽  
Interpretation Problem

Based on the analysis of the current civil law, judicial practice and scientific literature, this article explores some of the problems of interpreting good faith as the requisite for acquiring ownership by prescription. The authors draw attention to the limited situations to which the rule on acquisitive prescription may apply, due to the existing official regulatory clarification of the good faith criterion. The work examines the latest practice of the judicial board for civil cases of the Supreme Court of the Russian Federation, which formed a position on the interpretation of good faith, which seems to contradict the legitimate understanding of this condition. In this regard, some situations of life are examined, namely, the seizure of property by moving into an empty abandoned house, as well as the situation when the cohabitant (actual spouse) becomes an independent owner of the property of the owner. Using these examples, the authors show how the problems of interpreting the criterion of “good conscience” as part of acquisitive prescription investigated in the article affect the formation of ambiguous, and in some cases, illegal judicial practice.

scholarly journals Business operations of entrepreneurial stores in the field of agriculture in the Republic of Serbia in the period 2015-2019

2021 ◽  
Vol 68 (2) ◽  
pp. 547-563
Author(s):  
Aleksandra Fedajev ◽  
Raica Milićević ◽  
Milica Cvetković ◽  
Vladan Cogoljević
Keyword(s):  
Comparative Analysis ◽  
Entropy Method ◽  
Agricultural Products ◽  
Business Activity ◽  
Real Sector ◽  
The Real ◽  
Economies In Transition ◽  
Business Operations ◽  
Funds Management ◽  
The Republic

Entrepreneurship development represents one of the very important factors in the development of economies in transition. Bearing in mind that most of these economies still have a significant share of agricultural products in the structure of production and exports, special attention should be paid to the development of entrepreneurship in the field of agriculture. The research results in this paper indicate that the share of entrepreneurs in this business activity in the total number of entrepreneurs is extremely low, as well as that their share in employment in state subventions is also low, and it can be concluded that entrepreneurship in agriculture is still not sufficiently developed. By using PROMETHEE and the entropy method, a comparative analysis of the performance of entrepreneurs in this sector and entrepreneurs in other business activities within the real sector of the economy was performed and it was concluded that the key limitations in the business operations of these entrepreneurs are inefficient funds management and high indebtedness.

Cancellation of Licenses and Other Special Permits in the Field of Business Activities as Administrative Enforcement Measures: the Essence, Grounds and Problems of Application

2021 ◽  
pp. 20-34
Author(s):  
Ivshina G. G. ◽  
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Business Activity ◽  
Legal Entity ◽  
Judicial Practice ◽  
Analysis And Synthesis ◽  
The Russian Federation ◽  
Federal Laws ◽  
Commercial Organizations ◽  
Legal Measure

The article deals with topical issues of understanding the essence, grounds and conditions for applying to legal entities-commercial organizations, and individual entrepreneurs such measures of administrative and legal influence as the cancellation of licenses or other special permits granted to them to carry out certain types of business activities or to perform certain actions in the field of entrepreneurship. In administrative law science, there are different approaches to determining the substance of the administrative legal measure under consideration and the purposes of its application. Cancellation of licenses and other special permits is qualified in the literature as a measure of administrative warning, as an administrative and preventive measure, as a preventive and restorative measure, and even as a measure of administrative responsibility. The rules governing the granting and cancellation of licenses and other special permits are not systematized, they are contained in a variety of Federal laws and laws of the subjects of the Russian Federation that establish various grounds for termination of the relevant licenses and permits, including those that are not related to the Commission of any offenses. In this regard, there is a need to conduct a study of the legal nature, grounds and purposes for revoking licenses and other special permits granted to business entities. The purpose of the research is to identify problems of theoretical understanding, regulatory regulation and practical application by Executive authorities, local government bodies and courts of this administrative and legal measure and develop possible approaches to their solution, including by making the necessary changes and additions to the current licensing and permitting legislation. Based on this goal, the research aims to study the relevant Federal laws, scientific and educational literature, analysis and synthesis of materials of judicial practice in cases of revocation of licenses and other special permits issued to commercial organizations and individual entrepreneurs. During the preparation of the work, methods of formal legal analysis and synthesis of normative material and judicial practice were used. As a result of the research the author formulated the following main conclusions: 1) depending on the legally established grounds and purposes for applying the cancellation (termination) of a license or other special permit issued to a legal entity or individual entrepreneur, this measure may be referred to as administrative measures or administrative-legal confirmation of the loss by the license holder of the special right granted to him in the field of business; 2) cancellation of a license or other special permission in the sphere of business activity as a measure of administrative restraint is an authoritative influence of a competent administrative and public body or arbitration court on a legal entity or individual entrepreneur who has been granted a license or other special permission to carry out certain types of business activity or to perform certain actions in the field of business, consisting in making a decision on cancellation (cancellation, invalidation) of the specified licenses or permits in connection with violations committed by their holders of mandatory, including license, requirements aimed at forcibly terminating the relevant illegal activities or actions; 3) a license or other special permit may be revoked (revoked, invalidated) only if the following conditions are met: 1) the holder of a license or other special permit has committed gross (significant) violations of mandatory (license) requirements; 2) prior to the decision to revoke (revoke, invalidate) a license or other special permit, the following administrative enforcement measures were consistently applied to their holder: issuing an order to stop the violations committed and eliminate their harmful consequences; suspending the license (permit) in case of non-fulfillment of the issued order with the issuance of a second order that was not executed within the established period; 4) in order to ensure uniform legal regulation of the granting and termination (cancellation) of licenses and other special permits for certain types of business activities or for performing certain actions in the field of entrepreneurship, it is necessary to prepare and adopt the Federal law «On the basis of licensing and permitting activities in the Russian Federation», which, among other things, must exhaustively define the cases, grounds and procedure for canceling these licenses and permits. Тhe procedure for consideration by arbitration courts of cases on revocation of licenses and other special permits should be set out in a separate Chapter of the Arbitration procedure code of the Russian Federation.

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