The Prosecutor in Arbitration: A Historical Perspective

2021 ◽  
Author(s):  
E.V. Kolesnikov ◽  
Keyword(s):  
Economic Activity ◽  
Present Stage ◽  
Society Business ◽  
Economic Relations ◽  
Legal Norms ◽  
Stage Of Development ◽  
Legitimate Interests ◽  
The Subject ◽  
Business Entities ◽  
Degree Of Participation

The subject of the study is a retrospective of the legal norms formation. Under these norms the prosecutor will be able to govern the issues of ensuring the legitimate interests of the state, society, business entities and the rights of citizens in resolving disputes in the field of economic activity. Chronological framework of research includes the period from the establishment of prosecutor's office in 1722 up to the collapse of USSR in 1991. The relevant legislation is analyzed. The author examines the scope of prosecutor powers in this sphere at different stages of formation and development of prosecution, and reveals the problems of determining the prosecutor's office place in the system of existing at that time bodies of state power. It is concluded that the prosecution authorities, since their creation in Russia and up to the present stage of development, taking a greater or lesser degree of participation in the resolution of disputes in the sphere of economic activity, played a significant role in the protection of exclusively state interests. The interests of society, business entities and citizens in the sphere of economic activity if there is a dispute were considered only through the prism of such interests. The hierarchy of interests of participants of economic activity in dispute resolution was unbalanced and built without taking into account the interests of all participants of economic relations.

scholarly journals Concept and Types of Administrative Restrictions within Legal Regulation of Economic Activity

2020 ◽  
Vol 91 (4) ◽  
pp. 193-201
Author(s):  
M. V. Starynskyi
Keyword(s):  
Public Interest ◽  
Economic Activity ◽  
Legal Regulation ◽  
Freedom Of Choice ◽  
Legal Norms ◽  
The Public ◽  
Legal Nature ◽  
The Subject ◽  
State Coercion ◽  
Business Entities

The article is focused on studying the concept of administrative restrictions used by state-authorized agencies in the process of regulating economic activity. Based on the analysis of scientific sources and the practice of legal regulation of economic activity, it has been emphasized that the category of “administrative restrictions” in modern legal science is mainly used to denote the result of relations related to the offense. It has been concluded that such an approach is controversial, and the approach when administrative restrictions are studied through the category of “coordination” is more appropriate. State-authorized agencies in order to ensure the public interest use a large number of administrative restrictions in the field of economic activity, which are formulated as individual (subjective) measures of administrative and legal nature defined by regulatory acts and aimed at coordinating the behavior and actions of the addressee in the sphere of economic activity within the appropriate limits that are introduced in order to ensure the public interest. In the course of the research the author has distinguished the features of administrative restrictions used in the legal regulation of economic activity, which include the following: 1) they are objectified in the legal norms contained in the normative legal acts regulating economic activity and having a restrictive nature; 2) they coordinate the activity of economic entities, defining the boundaries, the degree of freedom of choice of their actions; 3) the subject of application is a state-authorized agency in the field of regulation of economic activity, and the addressee is an individual or a legal entity – business entities; 4) the purpose of application is to bring the behavior of the subject in accordance with a certain standard of economic activity; 5) they have mandatory nature and are provided by state coercion. Based on the analysis of the practice of applying administrative restrictions in the field of economic activity, it has been concluded that they can be classified depending on the sphere of economic activity, object of influence, sphere of use, type of normative act containing administrative restrictions and content of administrative restrictions.

New Approaches to Understanding Judicial Ethics in the Information

2020 ◽  
Vol 2 (3) ◽  
pp. 12-32
Author(s):  
E. V. Burdina ◽  
Keyword(s):  
Self Regulation ◽  
Legal Regulation ◽  
Subject Area ◽  
Social Needs ◽  
Legal Norms ◽  
Stage Of Development ◽  
Judicial Administration ◽  
Personal Approach ◽  
Personal Qualities ◽  
The Subject

Introduction. The article is devoted to the problems of the essence and content of judicial ethics in the new conditions of the technical revolution and with other social needs for legal regulation. Theoretical Basis. Methods. The work used a systematic, activity-personal approach to the study of moral and ethical standards of the conduct of judges. This made it possible to reveal a new and broader view on judicial ethics, which is not simply a set of moral restrictions and obligations imposed on a judge. Results. The work has identified and analysed the signs of judicial ethics at the current stage of development. It is argued that ethical regulation is precautionary in relation to the legal regulation of the independence of judges, for they complement ethical rules and reinforce legal norms. The ethical conduct of judges is an instrument guaranteeing judicial independence in all of its manifestations, including in organisational and judicial relations. The new realities of our time recognise the expansion of boundaries and the subject area itself of ethical regulation. A broader view on judicial ethics, which differs from the traditional one, is hereby justified. The latter is defined in two ways – namely both as a system of professional values, as well as a means of judicial administration based on the principle of self-regulation. By its very nature, judicial ethics is the result (and the way) of judicial self-governance, developed on the basis of the experience of functioning bodies of the judicial community. Discussion and Conclusion. Conclusions are drawn on both the instrumental and the managerial impact of the categories of ethics. The subject of judicial ethics has been defined, which constitutes the rules of conduct of judges in the performance of their professional duties and beyond – namely the set of general principles of work of a judge, as well as the personal qualities of a judge personifying the judicial power. Proposals on the optimisation of the mechanism of ethical influence, differentiation of ethical and disciplinary norms have also been substantiated.

Evolution of Biotechnology and Information Technology and Its Impact on Human Security

2015 ◽  
pp. 154-161
Author(s):  
E. S. Zinovieva ◽  
Y. I. Vojtenko
Keyword(s):  
Information Technology ◽  
Foreign Policy ◽  
New Technologies ◽  
Technological Development ◽  
Human Security ◽  
Industrial Society ◽  
Security Threats ◽  
Present Stage ◽  
Society Business ◽  
Stage Of Development

Abstract: The development of post-industrial society initiates profound economic, technological and cultural change in the way of life of all mankind. The revolutionary breakthroughs in the field of new technologies such as biotechnology and information technology are reflected in all spheres of human activity, directly affecting the human security. The article analyzes the consequences of widespread usage biotechnology and information technology in the foreign policy practice on the basis of the human security theory. The detailed description of the main directions of the use of biometric technology in the foreign policy and consular practices is provided, the challenges and threats to information security associated with biometrics are analyzed, arising from widespread biotechnology are the main challenges and threats to as well as human security threats arising at the present stage of development and application of these technologies. Human security threats associated with the use of biotechnology are placed in the broader context of global trends in scientific and technological development. The recommendations are formulated in the field of foreign policy and international cooperation, which would neutralize new threats to international and personal safety arising at the present stage of development of biotechnology. The authors conclude that in order to ensure ethical regulation of new technologies that address issues of human security, it is necessary to organize multi-stakeholder partnerships at national and international level with the participation of states, representatives of civil society, business and the research community.

scholarly journals Two Key Tasks of Accounting

2018 ◽  
Vol 5 (3) ◽  
pp. 30-39
Author(s):  
S. V. Kolchugin
Keyword(s):  
Nineteenth Century ◽  
Russian Federation ◽  
Economic Activity ◽  
Scientific Theory ◽  
Reporting Standards ◽  
Total Revenue ◽  
Present Stage ◽  
Stage Of Development ◽  
The Russian Federation ◽  
Integrated Structures

In the article, two main tasks of accounting are considered, which were formulated by Italian professor Vincenzo Giitti at the end of the nineteenth century, namely, the task of creating a scientifically sound accounting theory, and the task of developing accounting methods that meet the needs of modern enterprises. It is noted that at the present stage of development of accounting, these tasks have not lost their relevance. Despite all the attempts made, the generally recognized scientific theory of accounting has not yet been created, and the existing methods of accounting do not correspond to the needs of organizations created in the form of large integrated structures. The conducted research has shown that presently in the economy of the Russian Federation the significant share is occupied by the organizations carrying out financial and economic activity through affi ed and dependent societies. Organizations with a branched, integrated structure that includes subsidiaries and affiliates, as well as affiliated persons, account for at least 37% of the aggregate output of Russian organizations (total revenue of organizations) and a significant share of the capitalization of Russian organizations. The author argues that the existing consolidation methods provided for by international fi reporting standards are outside the accounting methodology, which, in turn, actualizes the problem of developing consolidated accounting methodology.

scholarly journals Features of management of export-oriented manufacturing enterprise at entering foreign markets: intellectual aspect

2021 ◽  
pp. 5-8
Author(s):  
Kseniia KOVTUNENKO ◽  
Oleksandra KOVALCHUK ◽  
Roman DOLOKA
Keyword(s):  
Intellectual Property ◽  
Economic Activity ◽  
Effective Management ◽  
Present Stage ◽  
Foreign Markets ◽  
Stage Of Development ◽  
Complex Process ◽  
Potential Competitor ◽  
Overall Efficiency ◽  
Why Questions

At the present stage of development of modern Ukrainian enterprises, access to foreign markets is becoming increasingly important, which is why questions about the effective management of export-oriented enterprises are increasingly common and require more detailed research. Most Ukrainian companies that adhere to the vector of development at some point in their existence begin to be interested in the internationalization of their activities and the search for new markets. Internationalization of business is becoming an important prerequisite for further growth and development. Internationalization of the enterprise and entering new foreign markets is an extremely complex process that cannot be done overnight, and to achieve it you need to be sufficiently educated in this topic and systematically plan it, as well as have financial opportunities, audacity and a little luck. To expand the markets for export activities, it is important to answer several questions: who is a potential competitor in a new market, what strategy should be implemented, what may be the features of export activities in a country and what should be considered in managing export activities? Depending on the answers to these and other questions, the success of the implementation of further plans for the expansion of markets and the overall efficiency of foreign economic activity largely depends. In the course of this research the peculiarities of management of modern export-oriented Ukrainian enterprises were considered, and the main stages of the enterprise passing on foreign markets were singled out. In this context, the intellectual aspect deserves special attention when entering foreign markets, which primarily involves the management of intellectual property abroad. When entering foreign markets, it is unacceptable to neglect the intellectual aspect, because most successful enterprises, large and small, are built on well-managed intangible assets or intellectual property.

BANKRUPTCY PREVENTION STRATEGY AND ITS PLACE IN THE SYSTEM OF STRATEGIC ENTERPRISE MANAGEMENT

2020 ◽  
Vol 10 (9) ◽  
pp. 2013-2025
Author(s):  
E.A. Leonenko ◽  
◽  
S.V. Kunev ◽  
A.A. Bushova ◽  
◽  
...  
Keyword(s):  
Early Stage ◽  
State Regulation ◽  
Prevention Strategy ◽  
Enterprise Management ◽  
Prevention Measures ◽  
Economic Relations ◽  
Financial Condition ◽  
Stage Of Development ◽  
Business Entities

In the modern market economy, an assessment of the enterprise's financial condition is of great importance for the effective adaptation of the company to a turbulent market environment. This is due to the fact that organizations acquire independence and are fully responsible for the results of their activities to shareholders, suppliers, employees, creditors and banks. At the same time, in the phase of crisis phenomena in the economy, survival in a competitive environment is of particular importance for many enterprises, and therefore the issues of diagnosing the risk of bankruptcy of business entities are more relevant than ever. When identifying signs of bankruptcy, companies' management focuses on the development and implementation of such measures that would avoid it and build the enterprise to a new stage of development. In this regard, one of the most important components of bankruptcy prevention measures is the development of a bankruptcy prevention strategy (anti-crisis management strategy). To overcome the insolvency of ineffectively operating economic entities, at an early stage, the problem of developing an organizational and economic mechanism and measures that will strengthen the position of an enterprise in the market and help to postpone possible bankruptcy becomes dominant. The inclusion of bankruptcy in the mechanism of state regulation, which followed the formation of new economic relations in the Russian Federation, objectively required a rethinking of the previously accumulated theoretical and methodological developments and practical solutions. A bankruptcy prevention strategy is a set of prescribed measures for the long term to get an enterprise out of a crisis situation and prevent bankruptcy. It is such a development as a strategy for preventing bankruptcy that is an algorithm for all personnel of an enterprise to act during a crisis (bankruptcy).

scholarly journals General characteristics of crimes for violation of legislation in the field of domestic services

2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Svitlychnyi Oleksandr ◽  
◽  
Trokhymenko Alina ◽  
Keyword(s):  
Public Relations ◽  
Product Quality ◽  
Consumer Protection ◽  
Legal Norms ◽  
Current State ◽  
Consumer Services ◽  
The Subject ◽  
Business Entities ◽  
Objective Side ◽  
Subjective Side

The article analyzes the current state of legislation, which provides for administrative liability for violations in the provision of consumer services in Ukraine. Attention is drawn to the fact that the main source of norms that establish administrative liability is the Code of Ukraine on Administrative Offenses. The concept of administrative misconduct is revealed by defining its main characteristics. It is established that administrative offenses, where the object is public relations in the field of consumer services are contained in Chapter 12 «Administrative offenses in trade, catering, services, finance and business» (Articles 155, 155-1, 155 -2, 156-1, 164) and Chapter 13 «Administrative offenses in the field of standardization, product quality, metrology and certification» (Article 168-1) of the Code of Ukraine on Administrative Offenses. Administrative offenses in the field of household services are analyzed by the structure of its composition, which contains the object, the objective side, the subject and the subjective side, which together determine the composition of the administrative offense (misdemeanor). The analysis of separate components of structure of structure of an administrative offense is analyzed. It is emphasized that the administrative torts analyzed in this way will contribute to a holistic systematic presentation of the substantive characteristics of administrative offenses and administrative liability for violations of legislation in the field of household services, which gave grounds to establish that in addition to the general subject, the subject of administrative liability individuals – business entities. In order to improve the administrative-tort legislation, it is proposed to differentiate between administrative and legal norms that establish administrative liability in the field of consumer protection and the provision of household services. Keywords: legislation, construction of services, violations, administrative responsibility

scholarly journals Internationalization of the competition law

2002 ◽  
Vol 54 (3) ◽  
pp. 202-220
Author(s):  
Nina Scepanovic
Keyword(s):  
International Economic ◽  
Competition Law ◽  
World Market ◽  
International Level ◽  
Present Stage ◽  
Economic Relations ◽  
Bilateral Agreements ◽  
Stage Of Development ◽  
International Economic Relations ◽  
The World

In the present stage of development of international economic relations multilateral regulation of competition is becoming more and more important in order to, firstly, annul the effects of domestic rules of competition that are today considered the greatest non-tariff limitation, secondly avoid conflicts that can be caused by exterritorial implementation of national rules in this field, and, finally, define the rules of behavior in the world market. Although the first attempts to regulate this field were made pretty long ago and some activities were taken within UNCTAD, OECD and GATT, no comprehensive rules considering the issues they define and a group of countries that implement them have been adopted at the international level, so far. For the time being, numerous competition problems in relations among countries have been overcome by concluding a number of bilateral agreements and several regional arrangements.

scholarly journals DEVELOPMENT OF ADMINISTRATIVE AND LEGAL REGULATION OF URBAN PLANNING ACTIVITY IN THE CONDITIONS OF ECONOMIC CRISIS AND EUROPEAN INTEGRATION DESIRE

2020 ◽  
Vol 6 (3) ◽  
pp. 36-40
Author(s):  
Viktor Leschynsky
Keyword(s):  
Urban Planning ◽  
Practical Importance ◽  
Legal Regulation ◽  
Living Environment ◽  
Legal Norms ◽  
Leading Role ◽  
Stage Of Development ◽  
Legal Method ◽  
Close Relationship ◽  
Legitimate Interests

The irreversibility of the European course of Ukraine, enshrined in the fifth paragraph of the preamble of the Constitution of Ukraine, determines the direction and methods of implementation in all spheres of society and the state, everyone’s awareness of the leading role of guarantees of rights, freedoms, legitimate interests of each person, acquisition of power ex officio. The current legislation, endowing a person with power, not only provides the scope of rights, respectively, the functions performed, but also imposes additional responsibilities, the proper implementation of which is one of the guarantees of the legitimacy of state power. This fully applies to the implementation of permitting activities in the field of urban planning, which aims to create conditions for the formation and maintenance of a full living environment, including ensuring the preservation of cultural heritage and infrastructure necessary for the existence of the living environment. Methodology. The use of cognitive general scientific and special methods allowed to achieve the goal of this publication. Thus, the study of the historical development of administrative and legal regulation of urban planning allowed to determine the close relationship between the areas, in which such construction was carried out, and the development of legal norms for it (both administrative and legal, and technical). Comparative legal method, analysis, synthesis allowed to identify prospects for administrative and legal regulation of urban planning. The practical importance. Improving the administrative and legal regulation of urban planning activities takes into account not only specific law enforcement problems, but also general social (including economic, social, etc.) processes; systematization of construction legislation and its proper application. A feature of the current stage of development of administrative and legal regulation in this area is the focus on the best foreign experience, which gives initial importance to human rights and freedoms as factors of legal regulation in this area.

scholarly journals MEANS OF THE INNOVATIVE RESTAURANT ECONOMY CLIENT-ORIENTED ENTERPRISES INTELLECTUAL AND PERSONNEL SUPPORT FORMATION

2020 ◽  
Author(s):  
Iryna Biletska ◽  
Keyword(s):  
Business Processes ◽  
Customer Orientation ◽  
Customer Management ◽  
Practical Significance ◽  
Present Stage ◽  
Social Effect ◽  
Scientific Methods ◽  
Economic Relations ◽  
Customer Base ◽  
Stage Of Development

The purpose of the study was to substantiate the means of forming intellectual and personnel support of innovative customer-oriented restaurant enterprises. The urgency of this task has increased at the present stage of development of economic relations and competition, especially in the restaurant business sector, as the orientation of all business processes of enterprises to generate income and profit to meet the needs of customers; such direction as designing, modeling and development of inquiries of the consumer develops; the competitiveness of the restaurant business is increasingly determined by customer orientation. In the course of the research scientific methods of strategic management (for formation of bases of structuring of the purposes of improvement of intellectual and personnel maintenance of innovative client-oriented enterprises of restaurant economy) and system approach (at substantiation of priorities and tools of improvement of intellectual and personnel support of innovative client-oriented enterprises of restaurant business) are applied. The relevance and means of formation of intellectual and personnel support of innovative client-oriented enterprises of restaurant economy are substantiated. Further scientific research in this direction concerns the substantiation of economic and mathematical models in the field of customer management. The practical significance of the results of the study is to increase the customer base of loyal consumers and strengthen the competitiveness of the restaurant business, which also has a significant social effect in meeting the needs of consumers in restaurant services.

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