scholarly journals Insolvency as a material and legal basis for initiating bankruptcy proceedings against business organizations

2021 ◽  
pp. 47-51
Author(s):  
Y.O. Serebryakova
Keyword(s):  
Balance Sheet ◽  
Scientific Article ◽  
Business Organizations ◽  
Legal Basis ◽  
Combined Application ◽  
The Supreme Court ◽  
Legal Position ◽  
Bankruptcy Procedure ◽  
The Moment ◽  
Definition Of

In this scientific article, the author discloses the definition of insolvency as a substantive legal basis for opening bankruptcy proceedings. It is emphasized that the grounds for initiating bankruptcy proceedings enshrined in the Bankruptcy Procedure Code are not consistent with the concept of insolvency of the debtor, which is enshrined in part one of Article 1 of this Code, as their combined application does not require establishing the debtor's ability to meet its monetary obligations. to creditors after the due date solely through the application of bankruptcy proceedings. It is established that the courts do not establish the facts of the debtor's signs of insolvency, taking into account the concept of insolvency, which is enshrined in law. It is alleged that the postponement of the moment of proving insolvency to the stage of disposition of the debtor's property is the cause of cases of unreasonable application to the debtor of the consequences of bankruptcy proceedings, namely, a moratorium on creditors' claims, restriction of the debtor to decide on his property. It is emphasized that the existing legal position of the Supreme Court on the moment of establishing the solvency of the debtor is unconstructive, as it allows the opening of bankruptcy proceedings against debtors who have no signs of insolvency, but simply perform their obligations in bad faith. It is noted that insolvency is an economic category, requires knowledge of the balance sheet of the enterprise, the economic component of its assets and liabilities, and so on. In order to establish the facts of bankruptcy, fictitious bankruptcy or hidden bankruptcy, it is proposed to conduct a mandatory economic examination of the debtor before initiating bankruptcy proceedings.

scholarly journals To the question of the peculiarities of the protection of the rights of spouses in cases of establishing the regime of separate residence of spouses

2021 ◽  
pp. 154-158
Author(s):  
O.А. Oksanyuk
Keyword(s):  
Supreme Court ◽  
Physical Violence ◽  
Scientific Article ◽  
Criminal Cases ◽  
Common Life ◽  
Joint Management ◽  
The Supreme Court ◽  
The Family ◽  
Legal Position ◽  
The Right

In the scientific article the author conducted a scientific study of the peculiarities of protection of property and personal non-property rights of spouses in cases of establishing a regime of separate residence. Based on the above research, the author notes that the importance of the legal position in cases of establishing a regime of separate residence of spouses is the decision of the Plenum of the Supreme Court of Ukraine №11 of December 21, 2007 “On the practice of law enforcement, divorce, annulment and division of joint property of the spouses “, namely paragraph 12 of this resolution. Unfortunately, this document is the only legal position of the Supreme Court on the establishment of the legal regime of separate residence of spouses, so to determine the approaches of courts of general jurisdiction in considering this category of cases, you should refer to the analysis of individual court deci-sions. The analysis of the conducted case law allows to indicate that the main reasons that indicate the impossibility and / or unwillingness of the spouses to live together may indicate: lack of common life goals and family interests, which makes it impossible to live together and marital relations, long separate residence, lack of joint household , the presence of different views on life, lack of mutual understanding in the family, lack of joint management, lack of desire to continue living together, family disputes and conflicts that led to tense relationships, lack of intention to resume cohabitation, alcohol abuse, lack interest in raising one’s own child, quarrels and physical violence against the other spouse. The decision of the High Specialized Court of the Court of Ukraine on Civil and Criminal Cases in Case №6-27361, according to which the existence of property disputes concerning joint joint ownership of spouses does not deprive the right to establish a separate residence regime, also has a certain legal position.

In the same vein he presses the definition of trauma as attempted murder (§§41–3), a charge which in the seriousness both of allegation and punishment is disproportionate to the activity which engendered it. In the process he distorts the legal position on wounding with intent. He treats intent as though it necessarily involved premeditation in the fullest sense. In fact, the presentation of wounding, both in Dem. 54.18–19 (Case VI) and [Dem.] 40.32 (not in this collection), as arising out of an escalating quarrel would suggest that intentional wounding was treated as attempted homicide even if it occurred in the heat of the moment. Is the speaker guilty? We may reasonably accept that witness testimony supports the claim that Simon and his gang pursued the boy through the streets. Clearly Simon is no innocent victim of violence. But there are two features of the defence which leave one dissatisfied (in the study, though possibly not in the lawcourt on the day). Instead of arguing bluntly that he at no time wounded him, the speaker is content to give us a blurred impression of a confused street fight in which everyone received some injury (§18). In view of this evasion it is difficult to resist the conclusion that Simon was actually injured (how seriously it is impossible to guess). The other suspicious feature is the presence of the speaker and the boy in the vicinity of Simon’s house on the day in question. If the retiring personality he projects is real, it is surprising to see him taking such a risk. This lends some support to Simon’s version. The interval between alleged offence and prosecution suggests that Simon has been waiting for an opportunity for revenge. Little detail emerges about Theodotos, the cause of the quarrel, in all this; the mention of the possibility of his being questioned under torture (§33) suggests that he may have been a slave. This text is also interesting for the light it casts on Athenian attitudes to homosexuality. It was common for grown males to form erotic relationships with pubescent youths (as in the present case), and this is the normal expectation for homoerotic relationships. Although by no means all Athenian writers approve of the practice, there is a broad acceptance that such desires are normal, as can be seen from the fact that the speaker’s embarrassment at the opening concerns the strength of his passion, its unseemliness for one of his age, and the situations into which it drew him, rather than the gender of the love object. Likewise, at §43 he sets his quarrel on the same level as fights over mistresses (hetairai, courtesans slave or free). Attitudes to, and the etiquette of,

2002 ◽  
pp. 91-91
Keyword(s):  
The Other ◽  
Witness Testimony ◽  
Innocent Victim ◽  
Attempted Murder ◽  
Normal Expectation ◽  
Legal Position ◽  
The Moment ◽  
Definition Of ◽  
A Charge ◽  
Suspicious Feature

PERCULARTIES OF MANAGEMENT MECHANISM FORMATION BY MEANS OF CHANGES AS THE BASIS OF STRATEGIC DEVELOPMENT OF BUSINESS ORGANIZATIONS

2018 ◽  
pp. 7-11
Author(s):  
Olha Ivanivna Garafonova ◽  
Petro Yuriiovych Kurmaiev
Keyword(s):  
Scientific Article ◽  
Business Organization ◽  
Business Organizations ◽  
Strategic Development ◽  
Management Change ◽  
Change Mechanism ◽  
Business Executives ◽  
New Development ◽  
Definition Of ◽  
Management Changes

Urgency of the research. The complexity and multi-vectority of the external factors influence predetermine the need to form a system of management of business organiza-tions that would be ready and capable not only to anticipate new development trends, but also to respond accordingly, modernizing approaches to managing all internal processes of a business organization functioning. Target setting. Further research requires the develop-ment of a managing changes mechanism in business organi-zations, including planning changes, evaluating and monitoring the implementation of changes. Actual scientific researches and issues analysis. A number of scholars engaged in the research and selection of processes for management change, as well as the man-agement mechanisms formation of these processes, namely: I. Adizes, L. Greiner, F. Guyar, J. Duck, R. Daft and others like that. Uninvestigated parts of general matters defining. Different approaches to the management mechanisms for-mation are presented in the literature, but further research of management changes mechanism formation needs a condi-tion in a business organization. The research objective. The purpose of this scientific article is to identify and generalize approaches to the man-agement change mechanism formation as the basis for the strategic development of a business organization. The statement of basic materials. The article presents the approaches to the definition of the concept of "change" from the economic and philosophical points of view. The concept of "managing changes mechanism in business organization" is substantiated and singled out. The approach-es to management change mechanism formation in a busi-ness organization as the basis of its strategic development are presented. Conclusions. To ensure the management of any chang-es, it is necessary to create a methodical and methodological framework that will allow business executives to design and implement change processes and evaluate their effective-ness.

SIGNS OF AN ACTION FOR THE RECOGNITION OF A PROPERTY RIGHT

2021 ◽  
pp. 172-183
Author(s):  
Tikhon P. Podshivalov ◽  
Keyword(s):  
Property Rights ◽  
Subject Matter ◽  
Property Right ◽  
Court Decision ◽  
Legal Basis ◽  
The Subject ◽  
Legal Uncertainty ◽  
The Moment ◽  
Definition Of ◽  
The Right

The article examines the definition of a closed list of features of a claim for the recogni-tion of a property right. The establishment of the features of a claim for the recognition of property right allows to correlate, distinguish the claim for the recognition of property right with other property claims and methods of protection of property rights, which ensures the prevention of competition lawsuits. Peculiarities of the action for recognition of property right are conditioned by its proprietary nature, i.e. by attributing it to proprietary lawsuits. The features of the action for recognition of the right in rem shall characterise the subject matter of proof and the conditions of satisfying such an action. The peculiarities of an action for recognition of property right may be divided into special and general characteristics - special characteristics are of qualifying nature allowing to distin-guish it from other property lawsuits; general characteristics result from the characteristic of this method of protection as a type of property action, since these characteristics are inherent to all property lawsuits. An action for recognition of property right is characterized by the following specific features: presence of the plaintiff's lawful possession of the subject of dispute; proprietary right acquired by the plaintiff on sufficient legal basis and preserved, exists for him at the time of the dispute; there is legal uncertainty in belonging of a person to a proprietary right; presence of the defendant's contesting the presence of proprietary right of the plaintiff; exclusive nature of application; independent legal significance of the claim for recognition of property right; non-contractual nature of claim; legal nego General, universal features of an action for recognition of property rights are as follows: non-contractual nature: there must be no binding relations between the plaintiff and the defendant regarding the subject matter of the dispute; legal uncertainty concerns individually identified thing, in most cases immovable thing, which physically exists at the moment of court decision; restoration character - vindication and negative actions restore situation existing before violation - restoration of possession and restoration of c An action for recognition of a property right cannot have the following properties: abso-lute nature of the claim; existence of a subject of ownership; absence of grounds indicating termination of ownership right; universality in application.

scholarly journals JUSTIFICATION OF THE APPLICATION OF DISCRETION AUTHORITIES IN THE ORGANIZATION OF JUSTICE

2020 ◽  
pp. 25-29
Author(s):  
P. D. Huivan
Keyword(s):  
Supreme Court ◽  
Scientific Article ◽  
Current Case ◽  
Public Authorities ◽  
Governing Body ◽  
Administrative Functions ◽  
The Supreme Court ◽  
Judicial Administration ◽  
Definition Of ◽  
Discretionary Powers

This scientific article is devoted to the study of topical issues of legal certainty and the use of broad discretion in the formation of the national judicial system. Serious attention is paid to the issue of establishing the legislative and substantive limits of the discretionary powers of the subjects of power in the implementation of the tasks assigned to them. The national criteria of guaranteeing the rights of every citizen to protection against arbitrary interference of public authorities in their rights and freedoms and ensuring the possibility for a person to anticipate the actions of these bodies have been studied. It has been established that there is a mechanism in the rule of law to prevent the abuse of discretionary powers. Legislation and practice of its application are analyzed, which are intended to separate the limits of exercising such powers from manifestations of willfulness. The transparency, fairness and fairness of the selection of national judges during the recent competition before the Supreme Court was examined in detail. The virtually unlimited discretion of the judicial administration body in conducting competitive procedures for selecting judges and evaluating them is critically assessed. In the course of the research, it was found that the regulations on competitions for judges were spelled out, there were no specific safeguards against the overly broad discretion of the governing body − the CCSSU, and this allowed the institution to commit significant abuses. The regulatory definition of the limits of real discretion in the actions of the Commission is proposed, which should be carefully spelled out in the legislation. On the basis of specific examples from the current case law, the shortcomings in the legal formulation of substantiated and reasoned verdicts regarding the results of competitions before the Supreme Court are shown. It has been proven that the Governing Body has made an unjustified substitution for the proper motivation of its decisions by the unjustified use of too wide discretion. In this way, in the first place, the selection criteria set by the Law were not respected, and, secondly, the real consequences of the competition were hidden from society. In fact, the statutory motivation of the decision, instead of its purpose to be a measure of the legitimacy of decisions, was effectively reduced to the level of the way of exercising managerial administrative functions, which contradicts the position of the ECtHR on this issue.

Appeal of the verification order as a method of protection of law

2020 ◽  
pp. 106-110
Author(s):  
Artem Kotenko
Keyword(s):  
Supreme Court ◽  
Main Body ◽  
Negative Consequences ◽  
Significant Difference ◽  
The Supreme Court ◽  
Tax Audit ◽  
Legal Position ◽  
The Moment ◽  
The Right ◽  
Problem Setting

Problem setting. The article analyzes the provisions of current legislation and the practice of the Supreme Court on appeals by a taxpayer of an inspection order as a way to protect the rights of such a taxpayer. Analysis of recent researches and publications. The problem of recognizing the right to appeal against a tax audit order, taking into account criticism of the Supreme Court’s practice, has recently arisen, and has not been covered yet by other researchers. Target of research. The purpose of the article is to analyze such a way of protection of the right as an appeal against the order to conduct an inspection. Article’s main body. Conducting a tax audit is a certain process, which by its logic has a beginning and an end. The inspection inevitably begins on the day specified in the calendar date in the inspection order. The beginning of the inspection leads to the emergence of a number of mutual rights and obligations of the payer and the supervisory authority. It is established that the documentary and actual inspection is completed on the last day of the inspection period, which is defined in the inspection order as the last day of the inspection. The act (certificate) based on the results of documentary and factual inspections may not be drawn up on the day of the end of the inspection. Although such a requirement for an actual inspection is not justified and the officials of the controlling body should be able to complete the inspection even on the day of its beginning. Then the act and / or certificate of the results of the actual inspection formalizes the end of the inspection. The problem of the moment of the end of tax audit is also a problem of realization of the rights by the taxpayer. It is important for the payer to know clearly the date of completion of the inspection. Only in this way will he be able to protect his rights and interests, avoiding additional negative consequences. There is a significant difference: provide documents during or after receiving the inspection report. Submission of additional documents is the basis for an unscheduled documentary inspection. Conclusions and prospects for the development. It is argued that the legal position of the Supreme Court on the impossibility of appealing the inspection order independently without appealing the TND is illogical, as such a position does not take into account the requirements of current legislation, in particular, the Tax Code of Ukraine and CAP of Ukraine. The need to revise the analyzed legal position of the Supreme Court and to form a new practice of the Supreme Court regarding the appeal of the order on conducting a tax audit was emphasized.

Medical and Legal Issues Raised by the Protz Decision Issued by the Pennsylvania Supreme Court

2017 ◽  
Vol 22 (4) ◽  
pp. 12-13
Author(s):  
LuAnn Haley ◽  
Marjorie Eskay-Auerbach
Keyword(s):  
Supreme Court ◽  
Scientific Evidence ◽  
Workers Compensation ◽  
Sixth Edition ◽  
Complex Concept ◽  
The Supreme Court ◽  
Compensation Claims ◽  
Recent Edition ◽  
Impairment Ratings ◽  
Definition Of

Abstract Pennsylvania adopted the impairment rating provisions described in the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides) in 1996 as an exposure cap for employers seeking predictability and cost control in workers’ compensation claims. In 2017, the Supreme Court of Pennsylvania handed down the Protz decision, which held that requiring physicians to apply the methodology set forth in the most recent edition of the AMA Guides reflected an unconstitutional delegation of legislative power to the American Medical Association. The decision eliminates the impairment-rating evaluation (IRE) mechanism under which claimants were assigned an impairment rating under the most recent edition of the AMA Guides. The AMA Guides periodically are revised to include the most recent scientific evidence regarding impairment ratings, and the AMA Guides, Sixth Edition, acknowledges that impairment is a complex concept that is not yet defined in a way that readily permits an evidence-based definition of assessment. The AMA Guides should not be considered standards frozen in time simply to withstand future scrutiny by the courts; instead, workers’ compensation acts could state that when a new edition of the AMA Guides is published, the legislature shall review and consider adopting the new edition. It appears unlikely that the Protz decision will be followed in other jurisdictions: Challenges to using the AMA Guides in assessing workers’ compensation claims have been attempted in three states, and all attempts failed.

Оскарження рішень, дій чи бездіяльності публічної адміністрації як вид гарантії забезпечення надання публічних послуг у судовому порядку

2019 ◽  
Vol 24 ◽  
Author(s):  
О. В. Бойко
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Public Services ◽  
Legal Regulation ◽  
Scientific Article ◽  
Preliminary Stage ◽  
The Law ◽  
The Moment ◽  
Court Hearing

The scientific article identifies the peculiarities of appealing the decisions, actions or omissions of public administration subjects on the provision of public services at the stage of initiation and preparation for judicial review of an administrative case. The author substantiates the feasibility of improving the legal regulation of the procedure for holding a preliminary hearing before the court hearing of the case. In particular, it is considered expedient to set the terms of the preparatory meeting from the moment of receipt of the administrative claim, as well as to determine the cases when the parties are not reconciled.It is established that the preliminary stage of the court hearing often ends with the conclusion of the preliminary proceedings and the appointment of the case to trial in the field of public services. This is not against the law. However, it should be borne in mind that in accordance with Art. 121 of the CAS of Ukraine such a decision is delivered by the consequences of preparatory proceedings, not the previous court hearing. Obviously, preparatory proceedings are not limited to, and do not always end at, a previous court hearing. Preparation may continue after a preliminary hearing. Therefore, the decision to close the preliminary proceedings and assign the case to trial after the consequences of the previous court hearing can only be made if the judge has taken all the measures necessary to hear the case. If during a previous court hearing in the field of public services, to which all persons involved in the case have arrived, the issues necessary for its consideration have been resolved, then, with the written consent of these persons, a court hearing may be initiated on the same day. In this case, the termination order is also delivered.

IMAGE OF THE RUSSIAN EXECUTIVE BODIES

2020 ◽  
pp. 26-30
Author(s):  
Volodina N.A. ◽  
Murzina I.A. ◽  
Retinskaya V.N.
Keyword(s):  
Mass Communication ◽  
Negative Impact ◽  
Scientific Article ◽  
Positive Trend ◽  
Public Authorities ◽  
Positive Image ◽  
Executive Authority ◽  
Main Indicator ◽  
Communication Space ◽  
Definition Of

This article is devoted to the study of the image of Executive authorities in modern Russia. The relevance of the chosen topic of the scientific article is emphasized for the present time, when society and the state are developing methods of countering the coronavirus pandemic – not only in the medical, but, no less important, in the socio-psychological aspect. In this perspective, the consolidating potential of a positive image of government bodies and civil servants is noted. Attention is focused on the terminological apparatus of the problem. Based on the analysis of relevant scientific works, the article provides the author's definition of the image of public authorities. The author notes the peculiarity of the image of Executive authorities, which consists in the presence of two inextricably linked equivalent components – the image of the authority and the image of a civil servant. Image formation of government bodies is considered as a multi-factor interaction of three main subjects: government bodies, the population, and the mass media. The main method of implementation is still the mass communication media, which provide a permanent presence of Executive authorities in the information and communication space. It is noted that the basis for the formation of a positive image of the Executive authority and bureaucracy is their effective functioning. At the same time, the perception of citizens, their attitude to the activities of Executive authorities, the level of trust in them is considered as the main indicator of the modality of the image. Based on the analysis of data from sociological studies, the conclusion about a positive trend in the perception of public authorities and officials by Russians is substantiated. However, there is a negative impact on their image of the lack of these changes and, in General, a low level of openness of public authorities.

Complaint Response Strategies in Interpersonally Sensitive Phone Interactions in Chinese Service

2020 ◽  
Vol 7 (12) ◽  
pp. 153-180
Author(s):  
Ping Liu ◽  
Min Cai
Keyword(s):  
Call Center ◽  
Service Industry ◽  
Interpersonal Relationship ◽  
Business Organizations ◽  
Customer Complaints ◽  
Response Strategies ◽  
Complaint Handling ◽  
Research Questions ◽  
Definition Of ◽  
Pragmatic Strategies

For any business organizations, it is of great importance to handle customer complaints effectively. This is particularly vital in the service industry as complaining customers are found not very collaborative and tend to be emotional in the process of complaining [1] and sometimes the exchanges between agents and complaining customers become interpersonally sensitive. Following Orthaber and Reiter’s [2] definition of “interpersonally sensitive exchange”, this study addresses two research questions: (1) what pragmatic strategies are employed by call center agents in interpersonally sensitive interactions in complaint responses? 2) and what are the effects of these strategies on interpersonal relationship in complaint responses? Based on a corpus of 42 outbound calls (approximately 7.5 hours) made by the agents in the Complaint Centre of one Chinese airline, four conventional and two unconventional complaint response strategies are found to be employed by the agents. These strategies produce positive outcomes in some cases while lead to opposite effects in others. An effective strategy can either enhance the rapport between the agent and the complaining customer, or benefit the progressivity of complaint handling. Conversely, it deteriorates the originally sensitive rapport and sometimes even leads to upgraded complaint.

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