scholarly journals PROBLEMATIC ISSUES THAT ARISE IN THE SPHERE OF APPLICATION ADMINISTRATIVE AND ECONOMIC SANCTIONS AND WAYS OF THEIR SOLUTION

2019 ◽  
pp. 59-65
Author(s):  
M. V. Kolesnikova ◽  
A.D. Skoryk
Keyword(s):  
Comparative Analysis ◽  
Present Article ◽  
Economic Sanctions ◽  
Case Law ◽  
Legal Responsibility ◽  
Unified Approach ◽  
Historical Aspect ◽  
Economic Relations ◽  
Commercial Code ◽  
Legal Nature

The present article deals with the study of the legal nature of administrative and economic sanctions, the concept of administrative and economic sanctions has been found out, their species have been identified, the historical aspect of the emergence of the concept of administrative and economic sanctions has been characterized, different approaches to understanding the legal nature of administrative and economic sanctions have been analyzed, comparative analysis of administrative and economic sanctions has been done. The authors’ attention has been drawn to the terms of the application of administrative and economic sanctions, case law on the terms of the application of administrative and economic sanctions has been analyzed. It has been suggested to leave the application period sanctions of organizational nature established in the Part 1 Art. 250 of Commercial Code of Ukraine and for sanctions of property nature to provide for twice the duration of their application in the article. Problematic issues that arise in the sphere of application of administrative and economic sanctions have been generalized at this work. Among problematic issues, it has been highlighted uncertainty about the place of administrative and economic sanctions in the system of legal responsibility, lack of a unified approach to finding out the branch of sanctions, ambiguous interpretation of the terms of the application of administrative and economic sanctions, lack of clear regulatory regulation of the terms of application administrative and economic sanctions. It has been suggested to attribute administrative and economic sanctions to economic sanctions, to supplement the provisions of the Economic Code of Ukraine with the rule on administrative and economic sanctions, without delimiting economic sanctions as a whole. It has been emphasized by the authors of the article for non-proliferation of norms on the terms of the application of sanctions on penalties, the amount and procedure of recovery of which are determined by the Tax Code of Ukraine, Laws of Ukraine «On Currency and Currency Transactions», «On Banks and Banking» and other laws, the control of compliance with which is vested in the bodies of income and fees. Keywords: economic relations, economic and legal responsibility, economic sanctions, administrative and economic sanctions, Economic Code of Ukraine.

scholarly journals The relations between Turkey and Mexico: a comparative analysis, history and modernity

2020 ◽  
Vol 8 (1) ◽  
pp. 97-107
Author(s):  
A. N. Piatakov
Keyword(s):  
Comparative Analysis ◽  
Latin American ◽  
Latin American Studies ◽  
Historical Aspect ◽  
Economic Relations ◽  
Bilateral Relations ◽  
Current State ◽  
Economic Weight ◽  
Latin American Region ◽  
History Of

The author analyzes the history of formation and current state of Turkey-Mexico political and economic relations in the context of Ankara intercontinental relations with the Latin American region. Comparative analysis of the two powers in their geo-economic ‘weight’, international activity, and other aspects is carried out. Evaluation of historical aspect of bilateral relations is specially emphasized. For the first time in Russian Latin American studies the evolution of Turkey-Mexico diplomatic relations in the 20th century is studied in their phases, including political contacts dynamics at the turn of the 20th and 21st century. The author also analyzes current state of countries’ trade and economic relations, as well as their interaction at the international arena.

scholarly journals Some aspects of the legal nature of virtual assets/cryptocurrencies in the conditions of global digitalization

2020 ◽  
pp. 7-16
Author(s):  
Victoria Milash
Keyword(s):  
Legal Regulation ◽  
State Regulation ◽  
Main Body ◽  
Unified Approach ◽  
Economic Relations ◽  
Active Involvement ◽  
Digital Format ◽  
Legal Nature ◽  
Digital Objects ◽  
Further Development

Problem setting. Comprehensive digitalization of all spheres of life, as one of the most important factors of economic growth in any country, is the mainstream of the modern global world. Digital transformations in the economy are changing approaches to both the organization and conduct of economic activity and the format of its state regulation. The development of the digital economy is inextricably linked with the “digitalization” of a number of traditional objects and / or forms of interaction between participants in economic relations, as well as the emergence and active circulation of new objects whose existence is possible only in digital format (“ digital objects “). Virtual assets / cryptocurrency are one of such objects to which there has been a bivalent attitude since its appearance, and to the legal nature of which a unified approach has not been formed to date. Analysis of recent researches and publications. Among the researchers who in their works addressed the issue of the legal nature of virtual assets / cryptocurrency and transactions with it, it should be noted M.V. Grebenyuk, B.V. Derevyanko, I.M. Doronin, A.T. Kovalchuk, L.O. Nikitin, S.S. Pylypyshyn, V.A. Ustymenko and others. At the same time, a full-scale study of this issue, in particular from the standpoint of economic law, requires further legal, including economic and legal research. Target of research is to study the heterogeneous nature of virtual assets / cryptocurrencies in the context of digital transformations in the economy and modernization of domestic legislation. Article’s main body. In the context of global digitalization, the scale and pace of digital transformations associated with the emergence of new digital objects, their active involvement in civil, economic turnover and subsequent market turnover are growing. Virtual assets/cryptocurrency are one of the objects in relation to which there has been a bivalent attitude since its appearance, and in relation to the legal nature of which a unified approach has not been formed to date. This article discusses the first official explanations in Ukraine on the nature of virtual assets / cryptocurrencies, as well as the position of the Office of Effective Regulation (BRDO) and theoretical and legal approaches to this object. Qualification features are analyzed, which contains the legislative definition of “virtual asset”, which together represent its functional heterogeneity. Some issues related to the contractual basis for the circulation of virtual assets / cryptocurrencies are highlighted, and suggestions for further development of the current legislation on these facilities are provided. Conclusions and prospects for the development. Legislative legalization of the concept of “virtual assets” is an important step towards the legalization of the virtual assets market and the first stage of the institution of virtual assets, further development of which requires intensification of work on the development of relevant legislation on virtual assets. connection with the generation (issue) and circulation of virtual assets. At the same time, achieving a synergistic effect in the legal regulation of relations, the object of which are virtual assets/cryptocurrency, necessitates appropriate amendments to the Commercial and Civil Codes of Ukraine, the Law of Ukraine “On e-commerce”, tax, investment legislation and more.

scholarly journals THE TURKISH AND AZERBAIJANI LAWS ON UNFAIR COMPETITION VIA STANDARDISED TERMS OF CONTRACT - ASSESSMENTS AND SUGGESTIONS

2021 ◽  
Vol 6 (1) ◽  
pp. 309-322
Author(s):  
Ece Deniz Gunay ◽  
Gozde Engin Gunay
Keyword(s):  
Comparative Analysis ◽  
Civil Code ◽  
Unfair Competition ◽  
Good Faith ◽  
The Other ◽  
Legal Regulations ◽  
Economic Relations ◽  
Market Participants ◽  
Commercial Code ◽  
Turkish Commercial Code

This paper presents a comparative analysis between Turkish and Azerbaijani law systems and it attempts to evaluate whether the usage of standardised terms of contract in a way that causes the infringement of the principle of good faith forming unfair competition. Standardised terms are pre-prepared without negotiating with the other contracting parties. The paper highlights that the two countries have strong connections, especially in economic and commercial terms which render even more important convergence of legal regulations. In this respect, upon examining the regulations on standardised terms and unfair competition and considering the fact that the two systems have similar approaches regarding standardised terms, the paper suggests that the usage of standardised terms in a manner that violates good faith should be qualified as unfair competition under Azerbaijani law in accordance with Article 55/1(f) of the Turkish Commercial Code. The paper assesses the issue in conjunction with the Turkish Commercial Code, Turkish Code of Obligations, the Civil Code of Azerbaijan (Mulki Mecelle) and Code on Unfair Competition. The scope of the protection that is envisaged in the relevant Turkish and Azerbaijani codes is studied from consumers’ and merchants’ aspects, respectively. The paper inter alia assesses that protecting all market participants is the most effective way to provide market balance. The paper aims to contribute to the improvement of the economic relations of Turkey and Azerbaijan via its suggestion on harmonising the two law systems in terms of unfair competition regulations.   Keywords: Banks, merchant-consumer, principle of good faith, standardised terms of contract, unfair competition.   Cite as: Gunay, E. D., & Gunay, G. E. (2021). The Turkish and Azerbaijani laws on unfair competition via standardised terms of contract – Assessments and suggestions. Journal of Nusantara Studies, 6(1), 309-322. http://dx.doi.org/10.24200/jonus.vol6iss1pp309-322

The objects and effects of non-party intervention before the International Court of Justice

2021 ◽  
pp. 1-21
Author(s):  
Zeno Crespi Reghizzi
Keyword(s):  
Present Article ◽  
Case Law ◽  
International Court Of Justice ◽  
Binding Effect ◽  
Court Of Justice ◽  
International Court ◽  
Potential Binding ◽  
Legal Nature ◽  
State Practice ◽  
Traditional Construction

Abstract The International Court of Justice recognized the legitimacy of ‘non-party intervention’ under Article 62 of the Statute in its 1990 landmark decision on Nicaragua’s intervention in the Land, Island and Maritime Frontier Dispute (El Salvador v. Honduras). Such form of intervention ‘is not intended to enable a third State to tack on a new case, to become a new party, and so have its own claims adjudicated by the Court’. Its purpose is ‘protecting a State’s “interest of a legal nature” that might be affected by a decision in an existing case’. Whereas non-party intervention under Article 62 now forms part of the law in action within the Court’s system, its precise features and regime remain uncertain. Doubts concern the identification of its precise objects and the potential binding effects for a non-party intervener of the judgment issued between the original parties. The present article explores these issues in the light of the Court’s case law and state practice. It demonstrates that non-party intervention can have various potential objects, depending on how the intervener intends to influence the future judgment between the original parties. Building on the identification of these objects, it then questions the traditional construction denying any binding effect of the decision for a non-party intervener and argues that a judgment issued following intervention is binding as between the original parties and the intervener in so far as this judgment, whether expressly or by implication, decides issues related to the object of intervention.

scholarly journals Economic and legal responsibility for non-fulfillment or improper fulfillment of contractual obligations

2020 ◽  
Vol 2 (97) ◽  
pp. 126-142
Author(s):  
Z.P. Biloshkurska ◽  
◽  
O.A. Polishchuk
Keyword(s):  
Legal Responsibility ◽  
Timely Manner ◽  
Economic Relations ◽  
Commercial Code ◽  
Injured Party ◽  
Contractual Obligations ◽  
Definition Of ◽  
The Right ◽  
First Time ◽  
Management Issues

The article covers the issue of legal liability for non-fulfillment of contractual obligations in the field of management. Issues of liability are regulated in accordance with current legislation — the Civil Code of Ukraine, the Commercial Code of Ukraine, and other regulations. They regulate the obligations of the parties to properly perform their obligations under the contract, which are guaranteed by measures of property liability imposed on the party that does not perform them to the other party or performs them improperly. The economic and legal responsibility depending on the types of economic offenses and the sanctions established for these offenses is investigated. For the first time in legislative practice, the Commercial Code of Ukraine proposed such a universal sanction as compensation for damages. Its universality lies in the fact that damages are not a sanction of a predetermined amount; their recovery (compensation) is provided in case of any economic offense, unless otherwise expressly provided by law. The article also provides a definition of non-pecuniary damage and the procedure for its compensation. The norm is new for economic legislation and it no longer applies to the offender, but to the injured party, ie the party in whose sphere of activity the losses occurred. The latter is obliged to take all necessary measures to minimize damages if it has been warned in a timely manner by the offender about the possible non-fulfillment of his obligation. Otherwise, the injured party is deprived of the right to compensation. The article covers the issue of joint and several compensation for damages caused by several participants in economic relations at the same time. The issue of voluntary compensation for damages, as well as the issue of filing claims and lawsuits were also considered.

Crisis Management under Economic Sanctions: Mission Impossible?

2015 ◽  
pp. 20-36 ◽  
Author(s):  
S. Afontsev
Keyword(s):  
Crisis Management ◽  
Import Substitution ◽  
Normal Growth ◽  
Economic Sanctions ◽  
Public And Private ◽  
Technology Markets ◽  
Economic Relations ◽  
Russian Economy ◽  
Wide Scale ◽  
Trade Partners

Economic sanctions against Russia form a completely new context for public and private efforts to cope with crisis trends in Russian economy. With limited access to global goods, capital, and technology markets, it can at best minimize costs of the crisis but not come back to the normal growth path. Strategies to find new trade partners and sources of capital outside the group of countries that have introduced economic sanctions against Russia are welcome, but their potential is rather limited. Under these circumstances, crisis management should be centered neither on the alleged ‘Russia’s pivot to the East’ nor on the wide-scale import substitution but on normalization of economic relations with key country partners, regaining currency stability, and structural reforms aimed at moving national economy away from commodity specialization.

Reflections on Arctic Maritime Delimitations: A Comparative Analysis between the Case Law and State Practice

2011 ◽  
Vol 80 (4) ◽  
pp. 459-484
Author(s):  
Yoshifumi Tanaka
Keyword(s):  
Comparative Analysis ◽  
Arctic Ocean ◽  
Case Law ◽  
The Arctic ◽  
Coastal State ◽  
Ocean Governance ◽  
State Practice ◽  
The Arctic Ocean

AbstractThe determination of spatial ambit of the coastal State jurisdiction is fundamental for ocean governance and the same applies to the Arctic Ocean. In this regard, a question arises how it is possible to delimit marine spaces where the jurisdiction of two or more coastal States overlaps. Without rules on maritime delimitation in marine spaces where the jurisdiction of coastal States overlaps, the legal uses of these spaces cannot be enjoyed effectively. In this sense, maritime delimitation is of paramount importance in the Arctic Ocean governance. Thus, this study will examine Arctic maritime delimitations by comparing them to the case law concerning maritime delimitation. In so doing, this study seeks to clarify features of Arctic maritime delimitations.

Comparative analysis on flow over cylinder between commercial code and open source algorithm

2017 ◽  
Author(s):  
Zulaikha Asyiqin Nur Azri ◽  
Ishkrizat Taib ◽  
Azmahani Sadikin ◽  
Muhammad Sufyan Amir Paisal ◽  
Akmal Nizam Mohammed ◽  
...  
Keyword(s):  
Comparative Analysis ◽  
Open Source ◽  
Commercial Code ◽  
Flow Over Cylinder

Religious Pluralism and State- Centric Legal Spaces in Europe

2021 ◽  
Vol 18 (1) ◽  
pp. 33-54
Author(s):  
Kyriaki Topidi
Keyword(s):  
Human Rights ◽  
Present Article ◽  
Religious Pluralism ◽  
Legal Pluralism ◽  
Case Law ◽  
Legal Systems ◽  
European Court ◽  
Starting Point

Multiculturalism is continuously and relentlessly put to the test in the so- called West. The question as to whether religious or custom- based legal orders can or should be tolerated by liberal and democratic states is, however, by no means a new challenge. The present article uses as its starting point the case of religious legal pluralism in Greece, as exposed in recent European Court of Human Rights (ECtHR) case- law, in an attempt to explore the gaps and implications in the officially limited use of sharia in Western legal systems. More specifically, the discussion is linked to the findings of the ECtHR on the occasion of the recent Molla Sali v. Greece case to highlight and question how sharia has been evolving in the European legal landscape.

Prestaţia compensatorie în Codul civil român

2021 ◽  
Vol 2021 (2021) ◽  
pp. 164-179
Author(s):  
Flavius Antoniu BAIAS ◽  
◽  
Stela STOICESCU ◽  
Keyword(s):  
Case Law ◽  
Social Utility ◽  
Legal Institution ◽  
Legal Regime ◽  
Procedural Law ◽  
The Social ◽  
Legal Nature ◽  
Legislative Framework ◽  
The Right ◽  
Compensatory Payment

This study aims to describe the legal regime of the compensatory payment, with reference to the legislative framework, the sources of inspiration of the regulation, as well as to the current national case-law in this matter, which confirms, by the large number of cases solved after the entry into force of the Civil Code, the social utility of this legal institution. On the basis of the case law examples provided, the authors analyze the legal nature of the compensatory allowance by distinguishing it from similar institutions – the maintenance obligation between ex-spouses or the right to compensation – the conditions to be fulfilled when granting compensatory payment, the criteria used to impose, modify or terminate the obligation, and the substantive and procedural law difficulties of these disputes.

Sign in / Sign up

Export Citation Format

Share Document