scholarly journals Term and Legal Position of an Individual Enterpreneur in Republic of Serbia

2017 ◽  
Author(s):  
Velisav Markovic ◽  
Kosana Vicentijevic ◽  
Zoran Petrovic
Keyword(s):  
Comparative Law ◽  
Agricultural Activity ◽  
Legal Regulations ◽  
Economic Profession ◽  
Legal Term ◽  
Collective Entrepreneurship ◽  
Legal Position ◽  
The Individual ◽  
Court Practice ◽  
Legal Entities

An entrepreneur is a business-able physical person who performs activities to gain the profit and who is registered according to law. Starting from the national and theoretical and legal solutions and court practice from comparative law, the authors analyze the concept and the legal position of an individual entrepreneur noticing the problems and inconsistencies in legal regulations. The authors of the work make a few conclusions and suggestions: 1) terminology is not coordinated with legal terminology from comparative law. In our law, the legal term is “entrepreneur”, which is a too wide and unspecified term because in economic profession this term represents the genus term for individual and collective entrepreneurship; 2) analyze all forbidden activities for entrepreneurs, judge the reasons pro et contra and work on eliminating prohibitions and favouring legal entities; 3) set by law the bankruptcy of an individual entrepreneur i.e. the individual bankruptcy of a physical person; 4) work on passing a separate legislation in the field of the individual entrepreneurship, especially on passing and changing the laws which would regulate handicrafts (including old crafts and jobs of home industry), free professions as well as agricultural activity.

scholarly journals The Development of the Legal Position of Legal Entities in Russian Criminal Proceedings

2021 ◽  
Vol 2 ◽  
pp. 48-53
Author(s):  
Galina I. Sedova ◽  
◽  
Yulia V. Drazhevskaya ◽  
Keyword(s):  
Historical Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Legal Entity ◽  
State Register ◽  
Procedure Code ◽  
Legal Position ◽  
The Russian Federation ◽  
Definition Of ◽  
Legal Entities

The current Criminal Procedure Code of the Russian Federation, while securing the opportunity for a legal entity to participate in criminal proceedings, does not establish which organizations are to be understood as a “legal entity”. In this regard, this concept in the criminal process is often identified with the civil-legal definition of a legal entity, leaving behind its framework organizations that are not subject to registration in the Unified State Register of Legal Entities. Meanwhile, historical analysis indicates that legal entities were participants in criminal procedural relations long before the concept of “legal entity” was consolidated in civil legislation, as well as the establishment of the procedure for their registration. At the same time, starting from the XI century, the possibility of participation of legal entities in the criminal process was determined by criteria that have not lost their relevance at the present time.

scholarly journals The process of Europeanization of law in the context of Czech law

2012 ◽  
Vol 60 (2) ◽  
pp. 459-464 ◽  
Author(s):  
Miloš Večeřa
Keyword(s):  
European Integration ◽  
World Wide ◽  
Commercial Banking ◽  
Social Phenomenon ◽  
Legal Environment ◽  
Legal Process ◽  
The World ◽  
Economic Process ◽  
Legal Position ◽  
Legal Entities

The paper is focused on the draft of the process of Europeanization of law. The process of European integration is often understood mainly as an economic process which aims towards the world-wide integration and organization of manufacturing, commercial, banking and financial operations, technologies and information. It is, however, a complex social phenomenon which represents – in addition to economical transformations – a rather complicated cultural, social, political and legal process with an extremely broad impact in all areas of life. Europeanization, the notion increasingly used in connection with the process of European integration, significantly modifies the Czech legal environment, which is regarding to the sphere of enterprise too. Europeanization of law manifests with multi-centrism of sources of law, which brings specific problems both to the bodies which interpret and apply law and also into the legal position of legal entities and their legal awareness.

The loved ones: families, intimates and patient autonomy

Legal Studies ◽  
2003 ◽  
Vol 23 (2) ◽  
pp. 332-358 ◽  
Author(s):  
Katherine O'Donovan ◽  
Roy Gilbar
Keyword(s):  
Medical Ethics ◽  
Genetic Information ◽  
Patient Autonomy ◽  
Medical Law ◽  
Central Values ◽  
Patients Rights ◽  
Law And Ethics ◽  
The Family ◽  
Legal Position ◽  
The Individual

Patient autonomy is one of the central values in medical ethics. It is generally understood as recognition of patients' rights as free individuals answerable only to themselves. This emphasis on the individual leaves open the question of the position of the patients' ‘loved ones’, that is of families and significant others. The authors examine this question in three areas of law and medical ethics. Organ donation offers an example of preference given by medical ethics to family views, notwithstanding an expressed wish of the deceased to donate, and the legal position protecting such a request. Decisions concerning the treatment of incompetent patients illustrate consideration for the family in medical ethics, but hesitations in both law and ethics in accepting family views once expressed. And the tension between the interests of patients and family members over the access to genetic information usually results in respecting the patient's right to confidentiality. This individualistic perception of autonomy, as adopted by medical law, overlooks the patient's relationships with others and is too narrow to face the complexities of human lives.

DIGITAL TRANSFORMATION OF SOCIO-ECONOMIC RELATIONS AND THE PROBLEM OF THEIR LEGAL REGULATIONS

2021 ◽  
Author(s):  
Ольга Юрьевна Колесникова
Keyword(s):  
Artificial Intelligence ◽  
Coordinate System ◽  
Legal Regulation ◽  
Digital Transformation ◽  
Legal Regulations ◽  
Work Analysis ◽  
Economic Relations ◽  
The Individual

Актуальность работы обусловлена цифровой трансформацией социально-экономических отношений и необходимостью исследований их правового регулирования в системе координат “индивидуум - общество - цифровизация - роботы - искусственный интеллект”. Цель работы: анализ тенденций цифровизации социально-экономических отношений и предопределяемой этими отношениями проблемы их правового регулирования. The relevance of the work is due to the digital transformation of socio-economic relations and the need to research their legal regulation in the “individual - society - digitalization - robots - artificial intelligence” coordinate system. Purpose of the work: analysis of trends in the digitalization of socio-economic relations and the problem of their legal regulation predetermined by these relations.

Religion and Constitutional Practices in Asia: Five ‘Cs’ for Reflection

2018 ◽  
Vol 13 (2) ◽  
pp. 219-225
Author(s):  
Arif A JAMAL
Keyword(s):  
Case Studies ◽  
Comparative Law ◽  
The Other ◽  
Special Issue ◽  
Other Hand ◽  
Short Commentary ◽  
Five Cs ◽  
The One ◽  
The Individual

AbstractIn considering the articles in this Special Issue, I am struck by the importance of a set of factors that, in my view, both run through the articles like a leitmotif, as well as shape the major ‘take away’ lesson(s) from the articles. In this short commentary, I elaborate on these factors and the lesson(s) to take from them through five ‘Cs’: context; complexity; contestation; the framework of constitutions; and the role of comparative law. The first three ‘Cs’ are lessons from the case studies of the articles themselves, while the second two ‘Cs’ are offered as lessons to help take the dialogue forward. Fundamentally, these five ‘Cs’ highlight the importance of the articles in this Special Issue and the conference from which they emerged on the one hand, while on the other hand, also making us aware of what are the limits of what we should conclude from the individual articles. In other words, taken together, the five ‘Cs’ are, one might say, lessons about lessons.

An Individual or Team – In What Terms Do We Think about Entrepreneurship

2016 ◽  
Vol 41 (3) ◽  
pp. 75-88
Author(s):  
Beata Krawczyk‑Bryłka
Keyword(s):  
Business Students ◽  
Team Approach ◽  
Entrepreneurial Teams ◽  
Business Goals ◽  
Collective Entrepreneurship ◽  
The Individual ◽  
Entrepreneurial Activities ◽  
Or Team ◽  
Entrepreneurial Capital ◽  
A Company

Entrepreneurship is usually recognized as the individual behaviour or process.  At the same time entrepreneurs are presented as the leaders who should be able to manage the teams and to use teams’ capital to achieve business goals. There are some resources discussing collective entrepreneurship or entrepreneurial teams as the conditions for running a company successfully or for reaching innovative results. The aim of this article is to analyse if individualistic versus team approach is prevalent and important in business students’ perception of entrepreneurship and their preferences.  The research conducted on 120 students group indicates these are not the important approaches and the teams’ entrepreneurial capital seems to be undervalued by young Poles. There is some recommendation concerning support of collaboration attitudes in entrepreneurial activities.

Jurisdiktionskonflikte im Rahmen transnationaler Kriminalität

2019 ◽  
Author(s):  
Nathalie Isabelle Thorhauer
Keyword(s):  
Criminal Law ◽  
Legal Framework ◽  
Frankfurt Am Main ◽  
Ne Bis In Idem ◽  
Current Reform ◽  
Legal Position ◽  
Liberal Approach ◽  
The Individual ◽  
Conflicts Of Jurisdiction ◽  
The Eu

The thesis examines states’ prosecutorial powers in regard to cross-border criminal acts of natural persons and companies, as well as the problems of conflicts of jurisdiction resulting from the parallel applicability of the criminal law of multiple states. It focuses on the individual legal position of the accused and norm addressee, who, in a globalised economy and society, needs to be able to distinguish right from wrong. The ne bis in idem and other mechanisms fail in an “Area of Freedom, Security and Justice” where certain normative standards require overcoming the lack of foreseeability of the applicable substantive and procedural criminal law and to eliminate leeway for arbitrary considerations of the executive (forum shopping). The work meets this demand with a transparent legal framework for the coordination of prosecutorial powers within the EU that takes a liberal approach and is based on fundamental principles of the rule of law. It deals with basic issues of the transnational scope of corporate criminal law, which should be considered in the current reform discourse. The author is a lawyer specialising in white-collar criminal law in Frankfurt am Main.

Iv Lighedsprincipper i fRemmedlovgivningen

1979 ◽  
Vol 48 (1-4) ◽  
pp. 197-200
Author(s):  
Claus Bornemann
Keyword(s):  
Migrant Workers ◽  
Large Population ◽  
Administrative Discretion ◽  
Specific Service ◽  
Judicial Control ◽  
Legal Position ◽  
Legal Security ◽  
Administrative Units ◽  
Set Up ◽  
The Individual

AbstractThe provisions relevant to aliens are not collected in a single legislative act, and administrative practise is not published. An aggregated exposition of the legal position of aliens seems called for. Ordinary aliens from third countries (outside the Nordic countries and EC) are in a weaker position than refugees who are settled here. Refugees are about 100 % safe from expulsion and they are integrated by a specific service body "Danish Refugee Council". Migrant workers show signs of anxiety and insecurity. However unfounded this may be, the insecurity is undoubtedly due to the formulation and administration of the aliens legislation. Critics, who in a number of cases are supported by the ombudsman, have pointed out that the Aliens Act is inprecise, open for construction and not subjected to judicial control. For the individual alien ,expulsion is as serious as a criminal sanction, and may appear as an additional penalty. It is therefore regretable that expulsion is not surrounded by the procedual guarantees of criminal procedure. Many decisions concerning aliens are based on administrative discretion. This pertains not only to the aliens police but also to social authorities who may return aliens in certain cases. Denmark has no central aliens administration such as the Swedish "Innvandrerverket". We have the Refugee Council, but there appears to be an iron curtain between this institution and aliens, who are not refugees. Migrant workers, however have the same need for integration, but the principle here is a total legal equality with Danish nationals. This equality in law is not however, enough to secure equality in fact. Much of the disturbance around the Aliens Act might have been avoided if the migrant workers had the same aid at their arrival as do the refugees. Municipalities with a large population of migrant workers have to set up special administrative units to handle their problems and it is understandable that the question arises why the Refugee Council cannot act as advisor for the municipalities, who have problems with aliens. Greater equality between aliens permanently residing here is called for. This can partly be achieved by enhancing the procedual guarantees in the Aliens Act. Furthermore all aliens should receive the same service as refugees do. I fail to see why greater legal security for aliens should deteriorate the legal position of refugees. Aliens should be looked upon as people, who have been invited to the country, and not merely as labour. Finally I should likt to know, if it is in conformity with humane justice to expel an alien merely because he is a burden to society?

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