scholarly journals THE ROLE OF THE NOTARIAL SYSTEM IN INHERITANCE OF ENTERPRISES WITH NO CORPORATE STATUS

2021 ◽  
Vol 1 ◽  
pp. 33-35
Author(s):  
Elena A. Kirillova ◽  
Keyword(s):  
The State ◽  
Present Stage ◽  
Legal Entity ◽  
Personal Property ◽  
State Registration

The article considers the role of the notary in the inheritance of enterprises without the formation of a legal entity. At the present stage, many individual entrepreneurs create enterprises without forming a legal entity, but when inheriting such an enterprise, there are problems of separating the enterprise from the personal property of citizens. In this regard, it is proposed to carry out the state registration and statement on the cadastral accounting of a business without forming a legal entity. The role of a notary will be significantly increased if the mandatory state registration of an enterprise without the formation of a legal entity is established by law.

ANALISIS YURIDIS PUTUSAN PENGADILAN NEGERI BLORA TENTANG DUALISME KEPENGURUSAN YAYASAN PENDIDIKAN ISLAM KARTAYUDA YANG AKTA PENDIRIANNYA DIBUAT OLEH DAN DIHADAPAN NOTARIS (Studi Kasus Putusan Perkara PN Blora No. 34/Pdt.G/2015/PN.Bla)

Jurnal Akta ◽  
2017 ◽  
Vol 4 (3) ◽  
pp. 463
Author(s):  
Muslim Ansori ◽  
Akhmad Khisni
Keyword(s):  
Private Schools ◽  
Education System ◽  
Crucial Role ◽  
The State ◽  
Educational Institutions ◽  
Legal Entity ◽  
Non Profit ◽  
The Right

With the enactment of the Education System Act no 20 of 2003 (better known as the Sisdiknas Act), the State has determined that educational institutions should have a legal umbrella in the form of a legal entity, or better known as the Legal Entity Education. As a non-profit organization, the Foundation is the right legal entity that becomes a place for educational institutions, especially private schools. Therefore, of course, Notary has a very crucial role in making notary deed in the form of establishment and deed of change, such as example how in making the right basic budget and not multi interpresatasi for stake holders in the foundation. Therefore, the role of function and authority of the organ of the foundation must be clearly stated in the articles of association, so as not to cause a dispute in the future.KEYWORDS: Notaries, Foundation, Organ Foundation,

scholarly journals SOCIO-ECONOMIC POLICY OF UKRAINE: PROBLEMS AND SOLUTIONS

2021 ◽  
pp. 185-193
Author(s):  
О. О. Nikogosyan
Keyword(s):  
Economic Policy ◽  
Social Stratification ◽  
State Regulation ◽  
The State ◽  
Market Failures ◽  
Private Business ◽  
Present Stage ◽  
Role Of The State ◽  
The Social

The article defines the priorities of the social policy of Ukraine at the present stage. The socio-economic problems of Ukraine are analyzed, their causes and solutions are identified. It is shown that the main reason for the failures of the socio-economic policy of independent Ukraine is the uncritical attitude of Ukrainian reformers to the consequences of neoliberal policies in other countries, as a result of which foreign experience of socio-economic reforms began to be introduced without taking into account domestic specifics. The decline in the role of the state in socio-economic policy, the increase in the role of private business, the privatization of "everything and everyone" led to a sharp social stratification, an economic crisis, which became a trigger for crises in all spheres of Ukrainian society. One of the fundamental principles of neoliberal economics, deregulation, has also collapsed. It turned out that the market is not efficient in areas in which the business cannot make quick and large profits. The so-called "market failures" demonstrated the need for state regulation in the spheres of education, health care, ecology, etc. Conclusions of the study and prospects for further research in this direction. Thus, if the new government really wants to build a successful country of happy people, it must make social and economic policy its top priority. Its primary tasks at the present stage should be: reduction of tariffs for utilities by eliminating from them the corruption component and excess profits of suppliers; revision of the principles of granting subsidies for utility bills. Exclusion from the number of subsidies of those who do not need state aid, but have a formal right to receive it (they work unofficially); the fight against the shadow economy, with the concealment of income from taxation; reforming the system of wages and pensions; creation of jobs with decent wages; establishing interaction between the state and private business in order to increase the social responsibility of the latter.

Institutional principles of functioning and development in society of post-soviet countries

2021 ◽  
Vol 7 (Extra-B) ◽  
pp. 634-640
Author(s):  
Liudmyla Pavlyshyn ◽  
Victor Grushko ◽  
Natalya Saenko ◽  
Yuliia Lisnievska ◽  
Elena Artemova ◽  
...  
Keyword(s):  
Public Relations ◽  
The State ◽  
Point Of View ◽  
Present Stage ◽  
Destructive Effect ◽  
Basic Principles ◽  
Mechanisms Of Formation

The role of institutes and institutions in the process of functioning and development of society is revealed in the work. An analysis of the state of institutions and institutions in society of post-soviet countries at the present stage of its development and the problems associated with the underestimation of their role in the organization of society. The mechanisms of formation of contradictions between formal and informal regulators of public relations are revealed. The need to harmonize the basic principles of functioning of official institutions and informal norms is substantiated. The conclusions of leading institutionalists from the point of view of application of their ideas in society of post-soviet countries  are analyzed. The problems of synchronization of interaction of newly formed official institutions in the country and ingrained informal norms prevailing in the society are revealed. Informal norms that have a destructive effect on the development of society have been singled out.

scholarly journals Europeanization and Modernization of the Discourse of Civil society and Political Parties

2020 ◽  
Vol 9 (6) ◽  
pp. 18-23
Author(s):  
S. P. Mitrakhovich
Keyword(s):  
Civil Society ◽  
Political Parties ◽  
Social Processes ◽  
The State ◽  
Primary Sources ◽  
Present Stage ◽  
Brics Countries ◽  
Western Influence ◽  
The Subject

The article examines the evolution at the present stage of theoretical and normative ideas about the role of civil society and political parties in their relationship with the state and their influence on social processes and the economy. Most concepts, offering theoretical reflexion on this issue, appeared in the West, and due to Western influence was borrowed by Russia and other countries, where the discourse of civil society and political parties itself was Europeanized. However, the formal adherence to European intellectual fashion in the most ambitious BRICS countries has now led to the formation of its own analytical and regulatory views on the subject, only externally resembling Western primary sources. At the same time, the use of rethought European views in modernising the own discourse of civil society and political parties allows to give this discourse a respectable image and to be effectively used by the state both for domestic political purposes and in conceptual foreign policy disputes with Europe itself.

The basis of the appearance of personal non-property rights of legal entities

2020 ◽  
pp. 90-95
Author(s):  
Sofiia Popova
Keyword(s):  
Property Rights ◽  
The State ◽  
Main Body ◽  
Economic Competition ◽  
Legal Form ◽  
Legal Entity ◽  
Legal Provisions ◽  
State Registration ◽  
The Right ◽  
Legal Entities

Problem setting. The role of a legal entity in the economic and legal development of the state is quite important. Legal support for the implementation and protection of the essence and activities of these organizations is an important element in achieving these goals. Therefore, in order to improve the legal provisions for legal entities, it is necessary to investigate such a feature of the features of non-property rights as the specificity of their origin, through interaction with the essence of the organization. Analysis of recent researches and publications. Among the researchers who in their works addressed the issue of the basis of the appearance of personal non-property rights ot should be noted Y. M. Zhornokuy and S. O. Slipchenko, V. V. Kachurovsky and R. O. Stefanchuk. Previous research has shown that personal non-property rights of legal entities have specific basis of the emergence. It is concluded that since a legal entity is created on the basis of state registration, the state thus recognizes it as a subject of law. Target of research. Our study is based on the certain aspects of the emergence of definite rights of these subjects of legal relations because legal entities take a special place in the development of the state. The main aim of the study is to research the basis of the appearance of personal non-property rights of legal entities. Article’s main body. Due to the fact that a legal entity is created on the basis of state registration, the state recognizes such a person as a subject of law. This indicates that the characteristic of a legal entity is the publicity of the emergence. Determining the classification of personal non-property rights of legal entities, their differentiation into general, which are related to the essence of the legal entity and special, which have a primary distinguishing feature. These species helped to apply this criterion to the basis for such rights. The analysis of separate personal non-property rights of the organizations is carried out and it is established that certain of them appear at the legal entity in connection with certain conditions, that is special personal non-property rights of the legal entity appear at the organizations in connection with their belonging to a certain kind, organizational and legal form and whether it carries out business activities. It is determined that the moment of the emergence of the right to economic competition cannot be established. Conclusions and prospects for the development. The base for the emergence of general personal non-property rights of organizations are, first of all – its creation through state registration or issuance of an administrative act by a body of state power and local self-government. Also the basis is to obtain an appropriate permit, violation of such rights, the task of property or moral damage, as well as an abstract form of acquisition by the organization of a commercial name. Special basic of the emergence of personal non-property rights of legal entities are the basics with a primary distinguishing feature. This issue is quite relevant and requires further research.

Institutional principles of functioning and development in society of post-soviet countries

2021 ◽  
Vol 7 (Extra-E) ◽  
pp. 564-570
Author(s):  
Liudmyla Pavlyshyn ◽  
Victor Grushko ◽  
Natalya Saenko ◽  
Yuliia Lisnievska ◽  
Elena Artemova ◽  
...  
Keyword(s):  
Public Relations ◽  
The State ◽  
Point Of View ◽  
Present Stage ◽  
Destructive Effect ◽  
Basic Principles ◽  
Mechanisms Of Formation

The role of institutes and institutions in the process of functioning and development of society is revealed in the work. An analysis of the state of institutions and institutions in society of post-soviet countries at the present stage of its development and the problems associated with the underestimation of their role in the organization of society. The mechanisms of formation of contradictions between formal and informal regulators of public relations are revealed. The need to harmonize the basic principles of functioning of official institutions and informal norms is substantiated. The conclusions of leading institutionalists from the point of view of application of their ideas in society of post-soviet countries  are analyzed. The problems of synchronization of interaction of newly formed official institutions in the country and ingrained informal norms prevailing in the society are revealed. Informal norms that have a destructive effect on the development of society have been singled out.

scholarly journals PROBLEMS OF COORDINATION OF ACTIVITIES OF YOUTH ORGANIZATIONS IN THE CONTEXT OF STATE YOUTH POLICY

2020 ◽  
pp. 5-14
Author(s):  
М. А. Барзаева ◽  
М. Р. Хамзатханова
Keyword(s):  
Youth Programs ◽  
The State ◽  
Regulatory Framework ◽  
Youth Organizations ◽  
Present Stage ◽  
Youth Policy ◽  
Religious Associations ◽  
Official Recognition ◽  
Stimulation Of

Особенностью государственной молодежной политики на современном этапе является официальное признание и стимулирование деятельности молодежных и детских общественных объединений, для этого создана нормативно-правовая база, активно используется поддержка создания и реализации, молодежных программ средствами грантов. Цель исследования - изучить роль молодежных и религиозных объединений, а также организаций в реализации молодежной политики в регионе. В рамках исследования было проведено авторское исследования изучения значимости роли молодежных и общественных объединений в жизни молодежи республики. A feature of the state youth policy at the present stage is the official recognition and stimulation of the activities of youth and children’s public associations, for this a regulatory framework has been created, support for the creation and implementation of youth programs through grants is actively used. The purpose of the study is to study the role of youth and religious associations, as well as organizations in the implementation of youth policy in the region. Within the framework of the study, the author’s research was carried out to study the significance of the role of youth and public associations in the life of the republic’s youth.

scholarly journals Political socialization of youth in modern conditions of society transformation: agents and factors

2020 ◽  
pp. 74-81
Author(s):  
Elena Bragina
Keyword(s):  
Mass Media ◽  
Political Socialization ◽  
The State ◽  
Family Education ◽  
Present Stage ◽  
Youth Movements ◽  
Stage Of Development ◽  
The Family ◽  
Basic Characteristics

The article identifies the main agents and factors of political socialization of youth at the present stage of development of society. The basic characteristics and functions of such institutions of political socialization as the family, education, the state, and the mass media are considered. The growing role of such agents as mass media, Internet forums and social networks is noted. The article shows the need to strengthen the role and significance of the state and youth movements in the process of political socialization of young people.

scholarly journals TO THE ISSUE OF THE STATE OF RESTORATIVE JUSTICE IN UKRAINE AT THE PRESENT STAGE

2021 ◽  
pp. 83-95
Author(s):  
K. Yu. Karmazina Karmazina ◽  
M. O. Khrapitska
Keyword(s):  
Restorative Justice ◽  
Criminal Liability ◽  
The State ◽  
Final Decision ◽  
Legal Aid ◽  
Present Stage ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
The Right

The purpose of the article is to study the roles of the prosecutor and the lawyer in reconciling between the victim and the suspect (accused) in Ukraine at the present time and to examine the possibility of increasing their participation in the reconciliation between the parties in the future. Reconciliation between victim and suspect (accused) in committing of a criminal offense as the centerpiece of the restorative justice in Ukraine today takes place outside of criminal proceedings, but it may have important substantive and procedural consequences in it. It can be considered as a mitigating circumstance in sentencing and even give rise to release the suspect (accused) from criminal liability. With the importance of reconciliation not only for the victim and the suspect, but also for the state, the question about scope of prosecutor`s powers as a procedural chief in criminal proceedings remains relevant. Such powers must be effective for facilitation such reconciliation, and at the same time they must prevent the unjustly avoidance of liability. It is also equally important to clarify the role of lawyers and the system of free secondary legal aid in restorative justice in Ukraine. The authors analyzed in the paper the normative regulation of the prosecutor's and the lawyer`s powers related to the reconciliation between the parties and the mechanism for the application of the restorative justice for its sufficiency and ability to provide the necessary mechanisms for implementing the provisions of the law. The authors found such gaps and differences in law regulation that hinder the development of conciliation practices in national criminal proceedings. The authors also examined the data of official state registers and revealed negative trends in the participation of the prosecutor in taking the procedural decisions based on the successful reconciliation between the victim and the suspect (accused). This gives reason to claim that the prosecutor's participation in reconciling between the victim and the suspect (accused) currently does not take into account neither the interests of the parties nor the state's interests in reducing the workload on the judicial and penitentiary systems and resolving other issues that accompany the existing punitive approach. In view of this, the authors proposes to make a number of changes to national legislation in order to eliminate those legal gaps that negatively affect the implementation of rules that guarantee the right to reconciliation and determine the admission of its positive results during making a final decision by court. In addition, the authors also emphasizes the necessity and practical feasibility of introducing a new model of the prosecutor`s participation in reconciling between the victim and suspect (accused) and giving him the right to initiate mediation with the consent of the parties. Such rules will also require the establishment of some additional provisions that will form a comprehensive implementation mechanism and serve as a guarantee of the interests of the victim and suspect (accused). As an example the authors used the rules of Criminal Procedure Act of the Republic of Slovenia. The authors also explored the main provisions and first results of The Pilot Project «Restorative Program for Juveniles Suspected of Committing a Criminal Offense». This project is the first attempt to expand the prosecutor's involvement in reconciling between the victim and the suspect (accused). The authors made conclusions about the real state of restorative justice in Ukraine at the present stage and the role of lawyers in it, taking into account the analysis of unique data collected from the Regional Centers for Free Secondary Legal Aid in Odesa, Mykolaiv and Kherson regions.

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