scholarly journals The Russian System of the Legal Regulation of Bankruptcy Relationships: The Status and Development Tendencies

JURIST ◽  
2021 ◽  
Vol 5 ◽  
pp. 10-16
Author(s):  
Vladimir F. Popondopulo ◽  
Keyword(s):  
European Union ◽  
Time Frame ◽  
Legal Regulation ◽  
Critical Assessment ◽  
Bankruptcy Law ◽  
The European Union ◽  
The Status ◽  
Rights And Interests

The article analyzes the main provisions of the current Russian Bankruptcy Act, as well as discusses the discussion issues related to its further improvement. In addition, there is a general critical assessment of some changes in the bankruptcy law of the European Union and Germany, as well as the Russian bill on the upcoming changes to the current Bankruptcy Act. The position is to be defended that the principles on which bankruptcy law should be based are: (a) the maximum possible simplification, leading to a reduction in the time frame for bankruptcy proceedings and, consequently, the preservation of the competitive mass and the fullest satisfaction of creditors’ claims; b) Ensuring the protection of creditors’ rights and interests in a bankruptcy case on the basis of the beginning of the equality of competing creditors (of course, with exceptions).

Euratom and Brexit: Could the United Kingdom Maintain One Foot in the European Union? Current Scenarios and Future Prospects of British withdrawal from the EAEC

2018 ◽  
Vol 18 (2) ◽  
pp. 134-151
Author(s):  
Andrea Circolo ◽  
Ondrej Hamuľák
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Independent Solution ◽  
Legal Regulation ◽  
The European Union ◽  
The United Kingdom ◽  
The Status ◽  
Long Time ◽  
Energy Community ◽  
The Impact

Abstract The paper focuses on the very topical issue of conclusion of the membership of the State, namely the United Kingdom, in European integration structures. The ques­tion of termination of membership in European Communities and European Union has not been tackled for a long time in the sources of European law. With the adop­tion of the Treaty of Lisbon (2009), the institute of 'unilateral' withdrawal was intro­duced. It´s worth to say that exit clause was intended as symbolic in its nature, in fact underlining the status of Member States as sovereign entities. That is why this institute is very general and the legal regulation of the exercise of withdrawal contains many gaps. One of them is a question of absolute or relative nature of exiting from integration structures. Today’s “exit clause” (Art. 50 of Treaty on European Union) regulates only the termination of membership in the European Union and is silent on the impact of such a step on membership in the European Atomic Energy Community. The presented paper offers an analysis of different variations of the interpretation and solution of the problem. It´s based on the independent solution thesis and therefore rejects an automa­tism approach. The paper and topic is important and original especially because in the multitude of scholarly writings devoted to Brexit questions, vast majority of them deals with institutional questions, the interpretation of Art. 50 of Treaty on European Union; the constitutional matters at national UK level; future relation between EU and UK and political bargaining behind such as all that. The question of impact on withdrawal on Euratom membership is somehow underrepresented. Present paper attempts to fill this gap and accelerate the scholarly debate on this matter globally, because all consequences of Brexit already have and will definitely give rise to more world-wide effects.

scholarly journals ASSESSMENT OF THE EUROPEAN UNION STRUCTURAL ASSISTANCE AUDIT MODEL

Ekonomika ◽  
2011 ◽  
Vol 90 (3) ◽  
pp. 93-103
Author(s):  
Vaclovas Lakis ◽  
Živilė Simonaitytė
Keyword(s):  
European Union ◽  
Critical Assessment ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Auditing Standards ◽  
The Status ◽  
The Eu

The paper covers an analysis and critical assessment of the procedure of selecting the audit model for the European Union structural assistance and elaborates on applicable models. It reviews the authorities of the EU Member States tasked with the performance of the auditing function. The article provides an assessment of the status of the supreme audit institution which acts as a body auditing structural assistance. The conclusion is drawn that in cases when the provisions of different auditing standards differ, regulations of the European Union should specify the particular requirements applicable to the audit.

scholarly journals Legal Aspects of Export Control over the Movement of Arms and Military and Dual-Use Products in the European Union: Current State and Problematic Issues

2021 ◽  
Vol 16 (7) ◽  
pp. 168-178
Author(s):  
V. Yu. Slepak ◽  
M. E. Romanova
Keyword(s):  
European Union ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Export Control ◽  
The European Union ◽  
Dual Use ◽  
Legal Provisions ◽  
Current State ◽  
The Status ◽  
Characteristic Features

The paper explores the issues of export control, their regulation in the law of the European Union; considerable attention is given to differences in the status of military and dual-use goods. Approaches to the harmonization of export of weapons regulation, as well as to the unification of legal provisions on the export of dual-use goods are considered. An analysis of acts of primary and secondary law governing both the movement of military and dual-use goods within the European Union and their export to third countries is carried out. The authors conclude that the European legislator uses similar mechanisms, which allows us to speak about the formation of a unified model of legal regulation in the areas under consideration. Particular attention is given to the procedure for obtaining licenses and permits within the framework of export control to the EU. The paper scrutinizes the characteristic features of customs declaration for military and dual-use goods export, and specifically analyses the procedure and grounds for the suspension of the release of such goods. The paper also discusses the features of checking permits and licenses when exporting military and dual-use goods.

scholarly journals Venture Capital Funds as Joint Investment Institutes under the Legislation of Ukraine and Regulations of the European Union: General Characteristics.

1970 ◽  
pp. 220-227
Author(s):  
Yosyf Ivanyuk
Keyword(s):  
European Union ◽  
Venture Capital ◽  
Legal Regulation ◽  
Innovation Activity ◽  
The European Union ◽  
Scientific Publications ◽  
Investment Funds ◽  
Goods And Services ◽  
The Status ◽  
The Eu

Joint investment institutes, in particular, venture capital funds, constitute a significant part of the economies of developing countries, as they stimulate the investment of individuals and legal entities and play an essential role in the development of young companies that are building their business on the basis of innovations and innovative technologies (start-ups). In addition, the use of venture capital funds for legitimate tax optimization or as financial intermediaries within the group of companies is a very common phenomenon on the market of goods and services, in particular, in Ukraine. The activities of the venture capital funds in Ukraine as a whole are constructed in accordance with the European model, but there are still some differences and imperfect legal regulation, which is a problem in understanding the approximation of Ukrainian legislation to unified EU regulations. The subject of the article (study) is the analysis and comparison of the venture capital funds as joint investment institutes in Ukraine and EU law on the basis of the national legislation of Ukraine and the relevant EU directives. Similar studies in Ukraine are practically absent, with the exception of the thesis by Polianska I.Y. "Investors 'Rights in Joint Investments: Comparison with European Legal Models", devoted to the study of the nature of investors' rights in the implementation of joint investments and the determination of the laws of legal regulation of the status of joint investment institutes under the legislation of Ukraine and legislation of foreign countries, in particular Western European States, scientific publications Hlibko S. V. and Sydorenko YU. V. "Issues of legal regulation of investment funds in the EU", Svikhrov S.O. and Schastlyvtseva R.V. "On the necessity to bring commitments on the activity of institutional investors in Ukraine to the legislation of the European Union", Inna Lobas "Foreign experience of state support of venture investment of innovation activity". The purpose of the publication is to study the general legal regulation of activities of venture capital funds and joint investment institutes in the EU countries, to compare it with such regulation in Ukraine and to bring proposals to improve the specified legal regulation in Ukraine.

REGULATORY AND LEGAL SUPPORT OF INFORMATION SECURITY IN UKRAINE

2017 ◽  
Author(s):  
Oleksandr Malashko ◽  
◽  
Serhii Yesimov ◽  
Keyword(s):  
European Union ◽  
Information Security ◽  
National Security ◽  
Legal Regulation ◽  
The European Union ◽  
Basic Principles ◽  
Association Agreement ◽  
Legal Information ◽  
Current Information ◽  
Initial Stage

The article examines trends in the development of legal regulation of information security in Ukraine in the context of the implementation of the Association Agreement between Ukraine and the European Union. The current information legislation and regulations on information security are analyzed. The tendencies in the legal regulation of information security that took place at the initial stage of the formation of information legislation are revealed. Based on the factors that took place before the adoption of the Doctrine of information security of Ukraine, the laws of Ukraine “On the basic principles of ensuring the cybersecurity of Ukraine”, “On the national security of Ukraine”, in the context of the current legislation, based on the methodology of legal forecasting, it is concluded that in the future the development of normative legal information security will be developed on the basis of by-laws, mainly at the departmental level.

ANTI-SUIT INJUNCTIONS IN ARBITRAL AWARDS: ENFORCEMENT IN EUROPE

2015 ◽  
Vol 74 (3) ◽  
pp. 412-415
Author(s):  
Ewelina Kajkowska
Keyword(s):  
European Union ◽  
Member State ◽  
State Courts ◽  
The European Union ◽  
Court Of Justice ◽  
The Status ◽  
Recognition And Enforcement ◽  
The Relationship ◽  
Brussels Regulation

THE status of anti-suit injunctions in Europe has long given rise to controversy. The decision of the Court of Justice of the European Union in Case C-536/13, Gazprom OAO [2015] All E.R. (EC) 711 sheds a new light on the relationship between anti-suit injunctions and the European jurisdiction regime embodied in the Brussels Regulation (Regulation No. 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters). In this much anticipated judgment, the Court of Justice confirmed that, by virtue of the arbitration exclusion in Article 1(2)(d) of the Brussels Regulation, Member State courts are not precluded from enforcing anti-suit injunctions issued by arbitration tribunals and aimed at restraining the proceedings before Member State courts. Although the decision was given before the Recast Brussels Regulation came into force (Regulation No. 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, effective from 10 January 2015), it can be assumed that the same conclusion would have been reached under the new law.

scholarly journals Modeling the Circular Economy Processes at the EU Level Using an Evaluation Algorithm Based on Shannon Entropy

Processes ◽  
2018 ◽  
Vol 6 (11) ◽  
pp. 225 ◽  
Author(s):  
Cristian Busu ◽  
Mihail Busu
Keyword(s):  
European Union ◽  
Shannon Entropy ◽  
Circular Economy ◽  
Second Law Of Thermodynamics ◽  
Time Frame ◽  
Composite Indicator ◽  
The European Union ◽  
Scale Reduction ◽  
Evaluation Algorithm ◽  
Material Circulation

In this paper we propose a methodology to study circular economy processes based on mathematical modelling. In open-ended systems, waste could be converted back to recycling, transforming the economy from linear to circular. The concept of entropy and the second law of thermodynamics give the argument for a scale reduction of material circulation. As humans extract more and more energy and matter for the economy, the degree of entropy is likely to increase. Based on the findings of economic studies on the implications of industrialization in the case of growing economies, this study aims at evaluating circular economy processes at the European Union (EU) level using a Shannon-Entropy-based algorithm. An entropy-based analysis was conducted for the 28 European Union countries during the time frame 2007–2016. The modelling process consists of constructing a composite indicator which is composed of a weighted sum of all indicators developed by an algorithm based on Shannon Entropy. The weights assigned to each indicator in our analysis measure the significance of each indicator involved in the development of the composite indicator. The results are similar to the international rakings, consolidating and confirming the accuracy and reliability of this approach.

scholarly journals Den Stier das Tanzen lehren?

2012 ◽  
Vol 42 (168) ◽  
Author(s):  
Andreas Fisahn
Keyword(s):  
European Union ◽  
Financial Market ◽  
Debt Crisis ◽  
Social Benefits ◽  
The European Union ◽  
German Government ◽  
Capital Movements ◽  
Authoritarian State ◽  
The Status ◽  
The Eu

The crisis of the European Union cannot be solved by austerity programs. Therefore a closer look at the reasons of the crisis seems to be reasonable, which includes a description of the development of the EU from 1951 to present times. The Union started as a tariff union and evolved through different steps to an order of competitive states. The main fields of competition between the states are taxes and social costs, which leads to tax dumping and a race to the bottom in social benefits. Starting in 1990 the EU achieved the status of an open financial market, with the duty of deregulation of capital movements being stipulated in Treaties. In the end the problem is not a debt crisis but a crisis of the structure of the European Union. The solution – which especially the German government prefers – may be the first step on the way to an authoritarian state.

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