Balance of private and public interests in the field of entrepreneurial activity during the period of taking measures to ensure the sanitary and epidemiological welfare of the population

2020 ◽  
pp. 495-502
Author(s):  
Anton Bibarov-Gosudarev
Keyword(s):  
State Regulation ◽  
The State ◽  
Entrepreneurial Activity ◽  
Public Interests ◽  
Counter Measures ◽  
Balance Of Interests ◽  
Private And Public ◽  
Coronavirus Infection ◽  
The Right

The work is devoted to the issue of determining the balance of interests of the entrepreneurial community, society and state. We conduct a fairly detailed analysis of the reasons for the restrictions imposed due to the spread of new coronavirus infection COVID-19. We work on the concepts of “public interest” and “private interest”, we investigate the limits of restric-tions that the state has the right to impose in terms of entrepreneurial activity regulation. We substantiate the conclusions that the tasks of entrepreneur-ship’s state regulation indicate that state regulation is necessary not only for the state, but also for entrepreneurs themselves. And the introduction of re-strictions, despite all their painfulness, was beneficial in the long term for en-trepreneurs. We also emphasize that these restrictions are not always propor-tionate and adequate to the current conditions. In the course of the study, we conclude that the restrictions should be thoughtful, understandable and justi-fied, while the state should think about counter measures of support, since in fact, in the current situation, the entrepreneurial community shared with the state all the risks and severity of consequences from the complication of the sanitary and epidemiological situation in the country.

STATE REGULATION OF THE FINANCIAL SERVICES MARKET IN UKRAINE

2018 ◽  
Vol 1 (11) ◽  
pp. 30-47
Author(s):  
Lyudmila Nikolayevna Akimova ◽  
Alla Vasilievna Lysachok
Keyword(s):  
Life Insurance ◽  
Financial Services ◽  
Credit Unions ◽  
State Regulation ◽  
The State ◽  
Existing Problems ◽  
Insurance Contracts ◽  
State Pension

The essence of such concepts is “financial service”, “financial ser- vices market”, and “participants of the financial services market”; determined the purpose of state regulation of the financial services market; forms of state regu- lation of the financial services market; financial services that are present in the financial services market; the structure of state regulation bodies of the financial services market in Ukraine is given; The role of state bodies in the regulation of the financial services market was studied; to characterize the regulatory le- gal regulation of the financial services market in Ukraine; the main problems of functioning of the domestic market of financial services are revealed; ways to solve existing problems. It is grounded that the state regulation of financial ser- vices markets consists in the state’s implementation of a set of measures aimed at regulating and overseeing financial services markets to protect the interests of financial services consumers and preventing crisis phenomena. It is concluded that the financial services market is an important element of the development of the economy as a whole, in particular, it concerns not only the state but also society. We must understand that when this market is settled, that is, all bodies that carry out state regulation are competent in their powers, only then will we make informed, effective decisions about the normal and effective functioning of the RFP. It is important that the data of the subjects of control do not overlap, their activities should be fixed at the legislative level. It is also worth bearing in mind that appropriate conditions must be created to create compensatory mecha- nisms in the financial services markets by developing a system for guarante- eing deposits and providing for payments under long-term life insurance contracts, non-state pension provisions, deposits with deposit accounts to credit unions, etс.

Budgetary Regulation in the Context of Preventing the Consequences of the Spread of a New Coronavirus Infection in the Russian Federation

Lex Russica ◽  
2021 ◽  
Vol 74 (2) ◽  
pp. 64-79
Author(s):  
R. V. Tkachenko
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
The State ◽  
Russian Society ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
Legal Forms ◽  
The Impact ◽  
Budget System

The paper is devoted to the examination of issues related to the increasing importance of budgetary regulation for the proper functioning of a modern innovative society. The key role of the budgetary regulation in the financial process of the State is particularly acute in the context of systemic crises that include socio-economic consequences caused by the spread of a new coronavirus infection (COVID-19) in Russia. In the course of the study, the features of changes in the state financial policy caused by the above-mentioned crisis phenomena are highlighted. The paper describes various approaches to the interpretation of the budgetary regulation as a category of financial law, explores various types and legal forms of methods of the budgetary regulation, analyses mechanisms and the impact of the State on the budget system through the existing legal structure of the budgetary regulation. It is determined that the rules of financial law governing the whole complex of public relations concerning the distribution and redistribution of the national product between the levels of the budget system of the Russian Federation constitute the institution of financial law, namely: the budgetary regulation. The author concludes that the approach based on the concentration of basic powers in the financial field at the federal level significantly slows down the dynamics of development of economic activity in the majority of regions of Russia, while the need for breakthrough innovative development of Russian society determinates the expansion of long-term tax sources of income for regional budgets. In this regard, it is proposed to consolidate additional regulation for revenues gained by regional and local budgets in the form of targeted deductions from federal taxes on a long-term basis.

scholarly journals Ways of improvement of development of separate organizational and legal forms of entrepreneurship activity in the agricultural sector

2019 ◽  
Vol 21 (92) ◽  
pp. 60-67
Author(s):  
I. Smolynets
Keyword(s):  
Agricultural Sector ◽  
State Regulation ◽  
The State ◽  
Entrepreneurial Activity ◽  
Main Role ◽  
Agricultural Producers ◽  
Historical Aspect ◽  
Agricultural Enterprises ◽  
Agrarian Sector ◽  
Legal Forms

One of the most important directions in this context is the problems of organizational and legal forms of development of entrepreneurial activity in agriculture. Effective development of entrepreneurial activity in agriculture is hindered by poor adaptation to market conditions and low investment attractiveness of agrarian production and economic formations, unsystematic and dispersed revenues for modernization of production activities, insufficient state support, imperfection of the organizational and economic mechanism for managing the development of various organizational and legal forms of entrepreneurial activity activities in the agrarian sector. In the historical aspect of the development of entrepreneurial activity there are the following forms: private farms, individual holdings, households, peasant farms, private and state agricultural enterprises, collective farms, in particular peasant unions, agricultural companies, inter-farm enterprises and associations, of various kinds and types societies that are divided in form of association and level of responsibility. The most important of these, which have become accustomed and function in agriculture, are agricultural enterprises, in particular private ones, and households. However, today the state of development of entrepreneurial activity in the agroindustrial complex remains rather complicated and requires complex comprehensive reforms, the main role of which should be owned by the state. That is why among the objects of state regulation a special place should occupy the agrarian sector of the economy and the forms of entrepreneurial activity, in particular the agrarian market and the formation of its infrastructure, which is conditioned by the state regulation. The main problems of the agrarian sector development include the low efficiency of agricultural production and the problem of deformation of price proportions, the solution of which is directly related to the perfection of the infrastructure and mechanisms for regulating the agricultural market. The process of establishing enterprises on the basis of co-operation and their integration with processing enterprises will reflect the interests of agricultural producers and promote their stable and efficient development. The most effective form of co-operation is production, sales and service cooperatives, created on the basis of cooperation of shares and natural forage lands, fixed assets, livestock of animals that unite agricultural producers, households, purchasers, enterprises of the processing industry, various catering enterprises, institutions and organizations. Co-operation, by its very nature, is an economic and voluntary phenomenon. Integration is the next stage of effective economic forms of cooperation among the participants in the agrarian market.

scholarly journals MINING AND BUSINESS ACTIVITIES: IN SEARCH OF THE BALANCE

2019 ◽  
pp. 73-82 ◽  
Author(s):  
I. V. Ershova ◽  
E. V. Trofimova
Keyword(s):  
Legal Regulation ◽  
Digital Economy ◽  
State Regulation ◽  
Entrepreneurial Activity ◽  
Advantages And Disadvantages ◽  
Layer Cake ◽  
Blockchain Technology ◽  
Private And Public ◽  
The Republic ◽  
Definition Of

The article reveals the content and outlines approaches to the definition of the legal nature of mining. Attention is drawn to the necessity of legal regulation of this activity, which is predetermined by the Federal Program «Digital Economy of the Russian Federation» — a project that provides for normative regulation of the digital environment. In order to support the mission to eliminate digital illiteracy, which is also envisaged in the National Program, the author elucidates the etymology and meaning of the term «mining» and considers various doctrinal interpretations of this concept. The paper presents such analogies of the blochchain technology as the public ledger, DNA, and a layer-cake for a better understanding of the blockchain technology that is associated with mining. Material-technical and organizational foundations of mining are revealed. The author demonstrates advantages and disadvantages of solo mining, pool mining, and cloud mining. The results of comparative monitoring of the attitude to the recognition of cryptocurrency as a means of payment are presented. Attention is drawn to the liberal legal regulation of blockchain technology and mining under the laws of the Republic of Belarus. The paper determines the stages of a law-making process aimed at legal support of mining in Russia. Based on the results of comparison of concepts of entrepreneurial activity and mining, it is concluded that mining represents one of new types of entrepreneurship brought to life due to the needs of digital economy. The author suggests thatmining participants be recognized as self-employed persons. It is noted that the entrepreneurial nature of mining arises questions concerning measures of its state regulation which is difficult within the framework of the existing paradigm, but should be built on the basis of a balance between private and public interests.

scholarly journals The State Regulation of the Hotel and Restaurant Business in the Context of the COVID-19 Pandemic

2021 ◽  
Vol 5 (520) ◽  
pp. 241-245
Author(s):  
V. О. Martynenko ◽  
Keyword(s):  
Negative Impact ◽  
State Regulation ◽  
The State ◽  
Entrepreneurial Activity ◽  
State Support ◽  
Public Authorities ◽  
Difficult Situation ◽  
The Social ◽  
Business Entities ◽  
Further Development

The axiom of present is that Ukraine has a very difficult situation in the sphere of hotel and restaurant business caused by the COVID-19 pandemic. This situation has developed not only due to the underdevelopment of this sphere, also because of the significant shortcomings in the system of the State regulation of entrepreneurial activity in the pandemic, which makes this issue a topical scientific problem. The publication is aimed at analyzing the extant status of operation of the hotel and restaurant business under quarantine restrictions, as well as developing proposals for providing the State support to business entities in order to minimize losses during the COVID-19 pandemic. Theoretical and methodological grounds of research are the basic principles of development of hotel and restaurant business in a crisis, scientific works of Ukrainian scholars. The following methods were used in the course of the research: logical-juristic (to analyze the legislation of Ukraine on measures of the State support for business entities in connection with the COVID-19 pandemic); systematization (defining forms of the State aid); hypotheses and assumptions (in the preparation of proposals for further regulation of the provision of the State support to the hotel and restaurant business). As a result of the research, it is determined that the introduced support measures on the part of the State allowed to reduce the negative impact of the COVID-19 pandemic on the hotel and restaurant sector for the short-term period only. Renewal and further development of this sphere is impossible without the introduction of new approaches to the relations between the State and business, which have established determined in Ukrainian society, without increasing the social consciousness of business and increasing the level of its contact with public authorities. To achieve this goal, it is necessary to improve the system of adjustment of efforts of the State authorities, local self-government bodies and business entities in this sphere.

Legal Characteristics of a Servitude in the Public Interest

2016 ◽  
Vol 14 (4) ◽  
pp. 937-939
Author(s):  
Renato Vrenčur ◽  
Michael Knaus ◽  
Matjaž Tratnik
Keyword(s):  
Public Interest ◽  
Economic Activity ◽  
The State ◽  
Public Infrastructure ◽  
Public Interests ◽  
The Public ◽  
Legal Nature ◽  
Set Up ◽  
The Right ◽  
Limited Duration

Servitudes (easements) traditionally include the right to use foreign property. Specific types of servitudes are servitudes in the public interest. These are set up either in favour of the state, municipalities or operators of utilities. These servitudes are subject to some specific rules. For example, servitude in the public interest is established to carry out an undertaking for the operation of economic activity, i.e. to pursue public interests. It is needed for the duration of the use of public infrastructure; therefore, Article 227 of SPZ, under which a servitude may only be established for a limited duration of not more than thirty years, is not suitable for these servitudes. Furthermore, these servitudes are not independently transferable; they are transferred together with the right to operate economic public infrastructure. The authors discuss in particular the specific legal nature of a servitude in the public interest.

Analysis of the concept of «efficiency» and methods for evaluating the effectiveness of enterprises

2020 ◽  
pp. 85-101
Author(s):  
Dmitry I. Zaykin ◽  
Irina V. Kosorukova
Keyword(s):  
Research Result ◽  
External Environment ◽  
Investment Decisions ◽  
The State ◽  
Economic Science ◽  
Minimal Cost ◽  
Advantages And Disadvantages ◽  
The Right ◽  
Comparative Description

Relevance. The article is devoted to the analysis of the concept of «efficiency», which is a rather complex category of economic science. The essence of this concept is revealed. Today, evaluating the effectiveness of enterprises is a necessary requirement for maintaining and improving their competitiveness, and making the right management decisions. The purpose of the study is to develop a system for evaluating performance that would take into account the results of long-term investment decisions and changes in the external environment of enterprises. The objectives of the study are to analyze the modern interpretation of the concept of «efficiency», analyze approaches to assessing the effectiveness of enterprises and determine practically significant approaches to assessing the effectiveness of enterprises. Research result. The analysis of the studied definitions of the concept of «efficiency» has shown that today there is no single interpretation of this category. Common to all definitions is the idea of efficiency as the ability of the system to achieve the goal with minimal cost. As a result of the study, the systematization of the main approaches and methods for evaluating the efficiency of the state of enterprises was carried out. The article presents a comparative description of methods for evaluating the effectiveness of enterprises, which have their own characteristics, advantages and disadvantages, which determines their use in different situations and for different industries. Special attention is paid to modern approaches to assessing the effectiveness of enterprises based on the assessment of strategic efficiency.

scholarly journals Development of Rhabdomyolysis in the Long-term Period of Previous New Coronavirus Infection COVID-19 (Clinical Case Report)

2021 ◽  
Vol 10 (3) ◽  
pp. 452-459
Author(s):  
G. A. Berdnikov ◽  
N. Y. Kudryashova ◽  
E. V. Migunova ◽  
S. I. Rey ◽  
E. V. Gurok ◽  
...  
Keyword(s):  
Acute Kidney Injury ◽  
Renal Function ◽  
Kidney Injury ◽  
Infusion Therapy ◽  
Dynamic Observation ◽  
Three Phase ◽  
One Step ◽  
Coronavirus Infection ◽  
The Right

Relevance. Rhabdomyolysis is one of the complications of the new coronavirus infection COVID-19, which may cause acute kidney injury (AKI). The reason for the development of rhabdomyolysis in our observation in a patient after suffering COVID-19 in the long-term period was an increased muscle load.Aim of study. Presentation of a case of rhabdomyolysis with AKI in a patient after COVID-19 in the long-term period.Material and methods. In clinical observation, a 25-year-old patient L. is presented, who was being treated in the Department for the Treatment of Acute Endotoxicosis of the N.V. Sklifosovsky Research Institute for Emergency Medicine. In 2020, he developed COVID-19, complicated by rhabdomyolysis and AKI in the long term period.Results. Examination revealed an increase in creatinine phosphokinase (CPK) — 106,000.0 U/L, alanine aminotransferase (ALT) — 553.0 U/L, aspartate aminotransferase (AST) — 1582.0 U/L, lactate dehydrogenase (LDH) — 2809.0 U/L, levels of serum creatinine 164 μmol/L and myoglobin — 201 ng/ml. Virological research: IgM — 0.27 units per ml; IgG — 7.28 units per ml. 3 Three-phase scintigraphy with 99mTc-pyrfotech revealed signs of necrotic changes in the muscles of the upper half of the back, muscles of the chest (mainly on the right), muscles of the shoulder and upper half of the forearm on both sides. Kidneys: decreased perfusion of the right kidney (relative to the left), moderate slowdown of urodynamics at the level of the calyx-pelvis complex on both sides.Conclusions. The reason for the development of rhabdomyolysis in the long-term period in the patient after suffering from COVID-19 was an increased muscle load. Targeted research and medical history can help identify signs of rhabdomyolysis. The use of the radionuclide diagnostic method makes it possible to identify areas of soft tissue damage with a one-step assessment of renal function in rhabdomyolysis in the acute period of the disease, as well as to evaluate the effectiveness of treatment with dynamic observation. When rhabdomyolysis is confirmed, it is necessary to carry out detoxification and infusion therapy, to monitor renal function in order to detect acute kidney injury, and in case of deterioration of renal function and intoxication, renal replacement therapy is indicated.

scholarly journals CIVIL LAW REGIME OF DUAL-USE GOODS FROM THE POSITION OF ENSURING THE BALANCE OF PRIVATE AND PUBLIC INTERESTS: COMPARATIVE LEGAL ASPECT

2020 ◽  
pp. 196-207
Author(s):  
Mikhail G. Shcherbakov ◽  
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Export Control ◽  
Dual Use ◽  
Legal Regime ◽  
Public Interests ◽  
Legal Norms ◽  
The Status ◽  
Private And Public ◽  
Fair Balance

The article examines the dialectical relationship between the balance of private and public interests and the effectiveness of legal regulation of the dual-use goods. The concepts of dual-use goods and the legal regime of dual-use goods are examined and the conclusion is made that there is an interdependence between the categories «fair balance of private and public interests» and «the form and content of the dual-use goods regime». The structure of the legal regime system, consisting of interconnected subsystems that are in functional unity with each other, is analyzed. The dynamic property of the legal regime of dual-use goods to change the status of the goods and the status of the subject, depending on the state of the balance of private and public interests, is revealed. A special mechanism has been identified for regulating the system of the legal regime for dual-use goods, arising from the process of unification of legal norms, both at the international and national levels. The author proposed measures to improve the mechanism for regulating the legal regime of dual-use goods, based on the achievements of scientific and technological progress. Thus, increasing inter-industry relations through the unification of legal norms, as well as the use of modern technologies in the export control process, will ensure a fair balance between private and public interests. Meanwhile, state intervention in the property relations of individuals should be of an exceptional nature, providing for the existence of a mechanism for judicial protection of the weak side, for example, in the form of an institution for consumer protection. It is a focused approach based on the additional role of the state that will improve the effectiveness of the dual-use goods regime, as well as eliminate archaic methods of legal regulation of the turnover of dual-use goods based on the permissive type of regulation. In that way, the system measures that allow integrating advanced technologies into the mechanism of dual-use goods regime include: - introduction of a risk-based approach in the export control system; - transition to the notification procedure for export control; - transition to automatic identification of dual-use goods; - creation of a unified technological platform for controlling the turnover of dual-use goods; - creating a virtual image of dual-use goods with the function of saving the history of their use; - chipping of dual-use goods; - use of distribution registers in transactions with dual-use goods.

scholarly journals Índice de Vulnerabilidade Socioambiental na Área da Gleba “C” da Universidade Federal do Pará, no Município de Belém

2021 ◽  
Vol 14 (4) ◽  
pp. 2322-2337
Author(s):  
Maria Carolina Chaves de Sousa ◽  
Peter Mann de Toledo ◽  
Filipe Gomes Dias
Keyword(s):  
Land Use ◽  
20Th Century ◽  
Social Economic ◽  
Environmental Issues ◽  
The State ◽  
Environmental Vulnerability ◽  
The Social ◽  
Social Environmental ◽  
The Right

At the beginning of the 20th century, urbanization and occupation of privileged spaces at the expense of “lowland” spaces and close to a floodplain. The “lowlands” were occupied by a population, mostly with socioeconomic needs, forming housing groups susceptible to flooding and flooding. To bring the recognition of rights to these occupants, a land regularization work was carried out by the Federal University of Pará - UFPA, together with public entities from the State and the Union. The article aims to present and compare the degree of socio-environmental vulnerability in the area of land C of UFPA in the municipality of Belém, object of land regularization activity, applying indicators and indices related to social, economic, legal and environmental issues. The results show that the degree of vulnerability is high in the years surveyed, concluding that the legal regularization work carried out in the area was only patrimonial, in order to transfer responsibilities for land use to the beneficiary residents and the recognition of the right of that title by law. . Effective land regularization work should involve a set of bodies responsible for the social, environmental, urban and land areas so that, in a concatenated and long-term manner, the work carried out is carried out so that the results are captured by the indicators and that the data decrease the degree of socio-environmental vulnerability in the studied area.

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