scholarly journals Theoretical problems of defining the concept of «economic organization»

2021 ◽  
Vol 2 (20) ◽  
pp. 10
Author(s):  
O. O. Shchokina
Keyword(s):  
Legal Status ◽  
Economic Organization ◽  
Economic Activities ◽  
Legal Form ◽  
Economic Law ◽  
Economic Organizations ◽  
The Status ◽  
Legal Forms ◽  
Definition Of ◽  
The Right

The concept of “economic organization” is known in the science of economic law since Soviet times. However, it did not become widespread and was used only by some scholars. The legal status of economic organizations has not been comprehensively studied in the Ukrainian science of economic law. The purpose of the article is to set out the theoretical problems of defining the concept of “economic organization” and to outline the directions of their solution. The concept of “economic organization” is quite apposite to denote all the diversity of economic entities, but its usage caused a number of theoretical problems. These include problems: the relationship between the concepts of “economic organization” and “undertaking”, the status of a legal entity, the definition of organizational and legal forms of economic organizations, the distinction between commercial and non-commercial economic organizations and classification of economic organizations in general. The definition of “economic organization” needs to be clarified taking into account the following: in the economic turnover involved some business organizations that are not legal entities; the right to carry out economic activities should have the organization, that formed in the prescribed organizational and legal form, which provides economic competence for commercial or non-commercial economic activities

scholarly journals Consumer partnerships as organizational and legal form of a juridical entityэ

2020 ◽  
Vol 2020 (2) ◽  
pp. 28-39
Author(s):  
Nischymna S.O. ◽  
◽  
Zlyvko S.V/ ◽  
Sykal M.M. ◽  
◽  
...  
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Legal Form ◽  
State Management ◽  
Consumer Cooperative ◽  
The Status ◽  
Cooperative Partnership ◽  
Legal Model ◽  
Legal Forms ◽  
Definition Of

The status of a consumer partnership as one of organizational and legal forms of juridical entities, that is also one of organizational and legal forms of citizens’ more active participation in state-management and their personal needs satisfaction is determined in the article. The norms of the Civil Code and the State Code of Ukraine, the Law of Ukraine “On Cooperation” and the “On Consumer Cooperation” are analyzed. According to the mentioned documents an independent, democratic citizens’ organization who unite in order to conduct common management for the sake of improving their economic and social status on the basis of voluntary partnership and mutual support are considered to be a consumer partnership. The above mentioned regulatory legal acts provide for different features of consumer partnerships. The features of consumer partnerships provided by current legislation are not civil and legal in their nature. Such a situation has become a legacy of the fact that the principles of legal regulation of the system of consumer partnerships, formed in the USSR, has not almost been changed yet. The very fact is that there is a need to develop a new legal model of consumer partnerships, which structure will take into account modern tendencies of the development of European legislation. It’s possible to formulate a list of civil and legal features of consumer cooperative partnerships that will distinguish them among any other partnerships. Namely they are: non-entrepreneurial legal status of consumer partnership; sufficiency of the main rights of the members of a partnership; subjects of property right of the members of a partnership; responsibility of the members of a partnership for obligations of a consumer partnership. All these features allow us to distinguish consumer partnerships as a separate organizational and legal form of non-entrepreneurial partnerships. The following definition of a consumer cooperative partnership can be proposed: it is a non-entrepreneurial cooperative partnership which members have a right for a concern. The size of this concern is determined as a set of unit and additional contributions. The members are liable within the value of the unit and are entitled to profit within the limits determined by law. Key words: cooperative, consumer partnership, features of consumer partnerships.

ECONOMIC AND LEGAL STATUS OF THE CONSULTING ENGINEER IN UKRAINE: REGULATORY PROBLEMS

2017 ◽  
Author(s):  
Alla Brovdii ◽  
Keyword(s):  
Economic Activity ◽  
Legal Status ◽  
Road Construction ◽  
Legal Aspects ◽  
Legal Form ◽  
Employment Contracts ◽  
Economic Relations ◽  
Definition Of ◽  
The Right

Some aspects of the economic and legal status of a consulting engineer are analyzed, taking into account the specifics of national legislation. Some problems of the legal status of the consulting engineer and the forms of his economic activity are revealed. The introduction of such an entity as a consulting engineer in the modern conditions of construction development is of particular importance due to the need to improve the quality of construction work, the development of competition in this area and the need to change approaches to economic activity in this area. It is established that the concept of consulting engineer is defined in some special regulations, in particular, regulating activities in the field of road construction, but the economic and legal aspects of his business remain unresolved. This significantly affects the effectiveness of the introduction of the institute of consulting engineers in the field of management. The problem of lack of clear definition of the form of conducting economic activity by the specified participant of economic relations is revealed. The necessity of adopting a special normative legal act, namely the Law of Ukraine "On the activities of consulting engineers", in which to regulate general issues of their legal status, features of the organization of its activities, responsibilities, etc is proved. The author's definition of the concept of consulting engineer is proposed, taking into account the need to establish the organizational and legal form of his business, which will ensure proper regulation of relations between him and other participants in construction relations, including contractors and customers. The solution of some problems of the economic and legal status of the consulting engineer under the legislation of Ukraine is offered. The expediency of conducting the activity of a consulting engineer as a self-employed person, or carrying out its activity by creating a legal entity (association of consulting engineers) is substantiated. In addition, in our opinion, an entity that carries out engineering activities and has concluded employment contracts with duly accredited consulting engineers has the right to provide the services of a consulting engineer.

scholarly journals Legal status of the agrarian exchange of Ukraine

2020 ◽  
pp. 37-40
Author(s):  
Anastasiia TEROSHKINA
Keyword(s):  
Legal Status ◽  
Operative Management ◽  
Point Of View ◽  
Government Agencies ◽  
Agricultural Producers ◽  
Legal Form ◽  
Non Profit ◽  
Legal Documents ◽  
Definition Of ◽  
The Right

In this paper presents and analyzes the concept of the Agrarian Exchange from the point of view of scientists of the economic and legal community, as well as the legislative definition of the corresponding concept. Particular attention is paid to the study of legal documents designed to regulate the activities of the Agrarian Exchange, to establish its legal status. The issues of organizational and legal form and legal status of the property of the Agrarian Exchange are also revealed. Due to some similarities between the Agrarian and Commodity Exchanges, an analysis of the comparison of these two entities is given. The analysis allowed finding fundamental differences concerning the subjects authorized to create the Agrarian Exchange. At the same time, the paper proposes the need to create a subject of the agricultural market in such an organizational and legal form as a non-profit company. First of all, it will be correlated with the legal status of the property owned by the Agrarian Exchange. The possibility of participation in the founding activities of the Agrarian Exchange of large agricultural producers is also considered. But only if the Agrarian Exchange operates in a certain organizational and legal form, which may allow such participation alongside government agencies. That is why, the right of operative management of property, which has the Agrarian Exchange, is decisive for the legislator in the possible choice of organizational and legal form of creation of this entity. That is why the paper is aimed at encouraging the need to adopt a new legislative act that will clearly provide the nuances of the creation, operation and termination of the Agrarian Exchange.

scholarly journals METHODICAL PROVISIONS FOR CREATING AN OUTSOURCING COMPANY (INCLUDING TYPES OF ECONOMIC ACTIVITY AND TAXATION SYSTEM)

2019 ◽  
Vol 21 (3(72)) ◽  
pp. 124-137
Author(s):  
A. SAINCHUK
Keyword(s):  
Economic Activity ◽  
Institutional Support ◽  
The State ◽  
Economic Activities ◽  
Legal Form ◽  
Executive Authority ◽  
Legal Forms ◽  
Definition Of ◽  
Taxation System

Topicality. There is no the central executive authority in Ukraine, which would conduct statistical accounting of outsourcing companies, because there is no methodology which could help to carry out of such powers. In addition, there is no methodology for creating an outsourcing company in Ukraine that would help new players in the outsourcing services market to create their own businesses and provide fast and high quality services. Thus, the development of a single methodology for setting up an outsourcing company in Ukraine is relevant.Aim and tasks. The aim of the article is to develop methodological provisions for creating an outsourcing company within the existing institutional support at the territory of Ukraine. The aim of this article is to research from sixth to sixteenth stages of creating an outsourcing company.Research results. The methodological provisions were developed for creating an outsourcing company. In the article was using the example of practice of law, including types of economic activity and taxation system. Also, the algorithm has been created by the author who could help choose a simplified taxation system correctly.Conclusion. Methodical provisions for creating an outsourcing company consist of sixteen stages. The author provided recommendations for making changes to the classifier of organizational and legal forms of entrepreneur. It was proposed to add an outsourcing company as a new organizational and legal form of entrepreneur in order to improve the existing system of national statistical classifications. The changes will provide the State Statistics Service of Ukraine the opportunity to raise to a qualitatively new level the statistical analysis of outsourcing companies in Ukraine.There is no methodology or instruction for creating a new outsourcing company in Ukraine. The author has developed a methodology for creating the outsourcing company within the framework of institutional support in Ukraine.The situation was researched in the article in detail, such as the outsourcing has been used in the creation of the outsourcing company. Also the algorithm was created the outsourcing company as step by step.The author has identified sixteen stages of creating the outsourcing company. The first article [1] researched from the first to the fifth steps of creating outsourcing company. This article contains of the sixth to sixteenth stages of creating the outsourcing company.Stage 6 - the definition of economic activities. The author identified the types of economic activity in accordance with SC 009:2010 - Classification of types of economic activity using the "top-down" method.Stage 7 - determination of the management body of the outsourcing company. An executive body is created in an outsourcing company: collegial (directorate) or sole (director).Stage 8 - definition of the tax system. Outsourcing companies choose both the general taxation system and the simplified taxation system.Step 9 - determining the location of the company.Stage 10 - submission of documents to the state registrar for establishing of the new outsourcing company.Stage 11 - receipt of seal and electronic digital signature (EDS).Stage 12 - opening the accounts in the bank. An outsourcing company can open current and deposit accounts in a bank.Stage 13 - Contributions. For the implementation of practice of law is a prerequisite is the payment of contributions of lawyersStage 14 - obtaining a license.Stage 15 - obtaining permission. Not all economic activities can be performed only on the basis of the charter. Sometimes this is not enough. Therefore, you need to obtain a license or permit.Stage 16 - implementation of operating activities by an outsourcing enterprise on the example of practice of law. Only the last stage involves the receipt of profit or income of the company. The previous stages involved only expenses. The list of the above steps is not exhaustive. These steps can be supplemented with specific steps. The number of stages may be less or more, depending on the type of outsourcing activity.

scholarly journals Some Issues of the Legal Regulation of the Cossacks in Constituent Entities of the Russian Federation

Lex Russica ◽  
2019 ◽  
pp. 49-59
Author(s):  
S. S. Zenin
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Legislative Process ◽  
Physical Force ◽  
Legal Form ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The article analyzes the current state of the legal regulation of social relations existing among the Russian Cossacks at the level of constitutent entities of the Russian Federation. The author examines the legal form of regulating social relations and the content of normative legal acts adopted in the constituent entities of the Russian Federation regarding the Russian Cossacks. The paper concludes that there is a need to develop a more effective mechanism of participation of constituent entities of the Federation in the legislative process on issues of joint jurisdiction at the federal level. The author highlights the need to apply a model legislation in order to unify the provisions of regional normative legal acts. The paper focuses on the importance of a clearer definition of the legal status of the Cossacks who have assumed obligations to carry out public service, including taking into account the possibility of using physical force, special means, and cold weapons that they have the right to wear as elements of national clothing.

scholarly journals Zakład lecznictwa uzdrowiskowego. Część 1. Podstawowe pojęcia oraz prawne aspekty organizacji i działalności tego typu zakładów jako podmiotów leczniczych

2020 ◽  
pp. 151-200
Author(s):  
Paulina Jachimowicz-Jankowska
Keyword(s):  
Legal Status ◽  
Treatment Facility ◽  
Health Resort ◽  
The Status ◽  
Medical Entity ◽  
Treatment Facilities ◽  
Spa Treatment ◽  
Legal Forms ◽  
Definition Of ◽  
Therapeutic Activities

A health resort treatment facility is a particular medical entity that performs therapeutic activities because it is located in a health spa resort municipality which has the status of a spa health resort. Only the spa health resort municipality implements its own tasks related to the maintenance of health spa functions, and creates the conditions for this type of health facility to function and to develop the municipal infrastructure in order to meet the needs of people staying in the municipality for spa resort treatment. The basic, but not the sole, purpose of establishing and maintaining a health resort treatment facility is medical activity consisting in providing spa patients with health services performed as part of spa treatment integrated into the health care system. The study focuses on how the definition of this type of facility has evolved in the legislation and the directions of changes that have occurred as a consequence of the change in the legal status, as well as other important terms referring directly to the spa treatment facility. The presentation of its various types and tasks performed by these establishments enables the identification of numerous interpretation problems related to their qualification. Due to the diversified ownership structure of these medical entities, reference is made to their organizational and legal forms, with a demonstration of the possible consequences that result from transforming these establishments into health resort companies. The current epidemic in Poland allows the scope of limitations in the operation of spa treatment facilities to be shown and, consequently, changes in the organization of some types of these facilities.

scholarly journals The Institute of Guardianship in Muslim Family Law in the Early Middle Ages

2018 ◽  
pp. 29-36
Author(s):  
M. O. Dadashev
Keyword(s):  
Property Rights ◽  
Middle Ages ◽  
Family Law ◽  
Financial Economic ◽  
Early Middle Ages ◽  
Rights Of The Child ◽  
The Status ◽  
Definition Of ◽  
The Right ◽  
Muslim Family

The article deals with the rights of the child and parents in the Muslim family law of the early Middle Ages and its formation in the 8th-10th centuries. The key rights of the child were determined and explained: the right to life, the right to naming, the right to nafaka-the right to financial support-the right to the awareness of his or her genealogy, the right to breastfeeding and the right to up-bringing (al-hidana). In addition, the article provides for the following classifications of the rights in question: basic, financial-economic, religious-ethical. Also, the author considers the issue of prohibition of adoption and gives the definition of an orphan (jatim) under Muslim family law, elucidates peculiarities of the status of orphans, the mechanism for protecting property rights of orphans, rights and duties of guardians with respect of orphans and their property, powers of the kadia (judge) regarding the issue of protecting the rights of orphans, types of guardianship. The reasons and procedure for deprivation of guardianship are also examined. In addition, the author considers parental property rights regarding children.

The legal status of emigrants from Russia in the first years after the October Revolution of 1917 (on the example of North Caucasians)

2021 ◽  
pp. 645-659
Author(s):  
Anzor A. Murdalov ◽  
Rustam A. Tovsultanov
Keyword(s):  
Legal Status ◽  
Second World War ◽  
October Revolution ◽  
North Caucasus ◽  
International Convention ◽  
The North ◽  
History Of ◽  
Definition Of ◽  
The Right ◽  
Second World

Emigration has been known to mankind for more than a century. We name the factors contributing to emigration, give examples from the history of emigration both abroad and Russia. We emphasize that at the present time, Russian citizens emigrate to other countries, using the right to freely leave the state, and can also have dual citizenship under Russian law, or renounce citizenship, and then get it again. We pay special attention to the settlement of the territory of North Caucasus, which began in the 8th – 7th – 6th – 5th thousand BC. We analyze the features of emigration of people from North Caucasus after the October Revolution of 1917. The specifics of the emigration of people from this region of country are emphasized. Thus, the majority of people emigrated to the Ottoman Empire, and then moved to Europe. We indicate that in fact, after the adoption of the Decrees of the Central Executive Committee, the SNK of RSFSR in 1921, “On the deprivation of the rights of citizenship of certain categories of persons who are abroad” many emigrants from Russia, including North Caucasians, have become disenfranchised. This circumstance greatly influenced the publication of the Nansen passport (it was introduced in 1922 and became widespread in 1924), according to which emigrants were granted a number of legal and social rights. In addition, it is applicable to emigrants from Russia, including from the North Caucasus, in 1922 and 1926. The Geneva definition of “Russian refugee” was given, and the International Convention on the International Status of Refugees of 1933 created an alternative to naturalization for refugees from Russia. Subsequently, before the outbreak of the Second World War, people received, as a rule, the citizenship of the countries in which they began to live.

International Law and its Impact on The Hijaz

The Hijaz ◽  
2018 ◽  
pp. 155-204
Author(s):  
Malik R. Dahlan
Keyword(s):  
Legal Status ◽  
The Self ◽  
Self Determination ◽  
Holy See ◽  
The Status ◽  
Unique Approach ◽  
The Difference ◽  
Nuanced Understanding ◽  
The Right ◽  
The Impact

Chapter 6 is an international legal examination of the status of The Hijaz in the aftermath of its conquest and absorption into a Saudi personal union. It discusses the impact of the 1933 Montevideo Convention on the Rights and Duties of States as well as the Territorial Principle. The Chapter tackles the legal question of secession and warns against the pitfalls of the ‘Self-Determination Trap’. It draws lessons from the difference between involuntary extinction of states as opposed to their creation. By looking at the cases of Czechoslovakia and Quebec it tackles the issue of ‘the Right to Secession by Agreement’. The Chapter reflects on lessons from Scotland, Catalan and Kurdistan highlighting that The Hijaz presents us with a delicate and nuanced understanding of ‘Internal Self-Determination’ and ‘Autonomy’ establishing, de facto, an international legal status of “Self-Determination Spectrum Disorder”. A special status calls for an active and special legal solution. The notion of a broader integrative role for The Hijaz and the broader Islamic world. The potential integrative institutionalization of The Hijaz is investigated bringing to bare a unique approach to self-determination that would entail coupling autonomy with international territorial administration. The propositions under this Chapter are supported by looking at other sui generis entities such as the Holy See being sovereigns without being states.

22. Breach of Contract and Termination

Contract Law ◽  
2018 ◽  
Author(s):  
Ewan McKendrick
Keyword(s):  
Contract Law ◽  
Good Faith ◽  
Vienna Convention ◽  
European Contract ◽  
Breach Of Contract ◽  
Anticipatory Breach ◽  
The Status ◽  
Anticipatory Breach Of Contract ◽  
Definition Of ◽  
The Right

This chapter begins with a definition of ‘breach of contract’ and then outlines the circumstances in which a breach of contract gives to the innocent party a right to terminate further performance of the contract. These include breach of a condition and breach of an intermediate term where the consequences of the breach are sufficiently serious. The chapter also considers the problems that can arise in deciding the status of a term which has not been classified by the parties as a condition, a warranty, or an intermediate term. It examines termination clauses and the significance attached to the good faith of the party who is alleged to have repudiated the contract. The chapter includes a brief comparison of English law with the Vienna Convention and with the Principles of European Contract Law, and also addresses the question of whether an innocent party is obligated to exercise its right to terminate further performance of the contract, and considers the loss of the right to terminate. It concludes with a discussion of the law of anticipatory breach of contract.

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