scholarly journals THE INFLUENCE OF PUBLIC ECONOMIC LAW ON THE STATE INDUSTRIAL DEVELOPMENT

10.23856/1207 ◽  
2015 ◽  
Vol 12 (1) ◽  
pp. 133-141
Author(s):  
Stanisław Łupiński
2018 ◽  
Vol 114 ◽  
pp. 623-636
Author(s):  
Michał Strzelbicki

LEGAL CONSEQUENCES OF ENTREPRENEUR INSPECTION CONDUCTED IN VIOLATION OF PRINCIPLES FOR INSPECTIONWith the enforcement of the Business Activities Freedom Act, the provisions of Chapter 5 entitled “Entrepreneur Inspection” have become to apply in the Polish Public Economic Law. The essence of the regulation lies in the principles for inspection, namely standards to be met by each and every entrepreneur’s business inspection performed by administrative bodies. Legal regulation of entrepreneur inspection, providing for legal framework of the procedure and setting limits to the actions of the inspection authority, was aimed by the legislator to limit the natural advantage of the authority over the entrepreneur during the inspection proceeding.The legislator was aware that the very introduction of principles for inspection would not be sufficient to effectively protect entrepreneurs’ interests. For this reason, the administrative authorities have been obliged to apply the principles for trader inspection through far-reaching negative legal consequences to the authority in the event of breach. The article analyses such legal solutions which provide entrepreneurs with the right to pursue compensation from the state, and permit demanding that the evidence gathered during the inspection could not be used against such trader by the administration authorities the “fruit of the poisonous tree” principle. The author presents the scope of application of both such instruments, and takes a stand as regards related detailed issues which have so far been the bone of contention both in the doctrine and in the judgements.


2017 ◽  
Vol 11 (2) ◽  
pp. 161-74
Author(s):  
Syaugi Syaugi

    As a constitution, the Indonesian Constitution of 1945 regulates how the national economic system should be arranged and developed. In the perspective of constitution, the implementation of sharia economy does not mean the state directs a particular economic ideology. Philosophically, the ideals of Indonesian economic law is to initiate and prepare the legal concept of economic life. Shariah economy has a strong foundation both formally shariah and formallyconstitution. Formally shariah means the existence of shariah economy has a strong foundation in Indonesian legal system. Formally constitution means, in the context of the state, Shariah economy has a constitutional basis. The existence of laws relating to shariah economy shows that the Indonesian economic system givesa place to the shariah economy.


2016 ◽  
Vol 4 (1) ◽  
Author(s):  
Prashant H. Bhagat

The BID (Board of Industrial Development) framed the legislation and it was introduced before the state legislation and passed in the form of Maharashtra Industrial Act which gave birth to Maharashtra Industrial Development Corporation (MIDC), as a separate corporation on August 1, 1962. The BID was the first personnel strength of MIDC. A small ceremony at Wagle Estate Thane, under the Chairmanship of the Chief Minister Shri Y.B. Chavan, marked the birth of MIDC on August 1, 1962. The Board of Industrial Development during its existence between October 1, 1960 and August 1, 1962 has done enough spade work to identify the locations for setting up industrial areas in different parts of the state. Thus, right in the first year of establishment MIDC came up with 14 industrial areas, to initiate action for infrastructure and help entrepreneurs set up the industrial units in those areas. Maharashtra Industrial Development Corporation is the nodal industrial infrastructure development agency of the Maharashtra Government with the basic objective of setting up industrial areas with a provision of industrial infrastructure all over the state for planned and systematic industrial development. MIDC is an innovative, professionally managed, and user friendly organization that provides the world industrial infrastructure. MIDC has played a vital role in the development of industrial infrastructure in the state of Maharashtra. As the state steps into the next millennium, MIDC lives up to its motto Udyamat Sakal Samruddhi i.e., prosperity to all through industrialization. Indeed, in the endeavor of the state to retain its prime position in the industrial sector, MIDC has played a pivotal role in the last 35 years. MIDC has developed 268 industrial estates across the state which spread over 52653 hectares of land. The growth of the Corporation, achieved in the various fields, during the last three years, could be gauged from the fact that the area currently in possession of MIDC has doubled from 25,000 hectares in 1995.


Author(s):  
Francis N. Botchway

The Act of state doctrine essentially serves to truncate or end proceedings against a state in the court of another state for actions attributed to or owned by the first state. Originally, the actions against which the defense could be raised were wide and all encompassing. It included exercise of police powers, takings, maritime and commercial acts. However, starting with cases such as Bernstein, Dunhill and others, and goaded in part by legislation such as the second Hickenlooper Amendment in the US, a number of exceptions have been carved into the doctrine. It is such that some academics have called for the end of the doctrine. This paper argues that although the doctrine is now limited, compared to its original compass, it is resilient. That resilience, this paper contends, is predicated on its International law pedigree. It is further argued that the swings in the role of the state in economic matters accounts for the growth, downturn and upturn in the viability of the doctrine as a defense in international economic law.


2021 ◽  
Author(s):  
Roman Gereev ◽  
Milyausha Pinskaya

The monograph is devoted to the analysis of tax incentives, the use of which will help to achieve the economic goals of the state in the field of industrial support. The theoretical foundations of tax incentives for industrial development are considered, the effectiveness of tax incentives is evaluated, and measures to improve state financial support for industrial production are proposed. It is intended for a wide range of readers: specialists involved in tax risk management, economists in the field of industrial production, consultants in the field of taxation and tax administration, students and teachers of economic universities.


2018 ◽  
Vol 7 (1) ◽  
pp. 220-224
Author(s):  
Alexey Vladimirovich Zaharchenko

The following paper deals with mechanisms for working out compromise solutions when discussing the plan for the USSR national economy development in 1951-1955. The sources analysis (notes of ministries heads to the government, the Gosplans reports and its projects for the development of the Soviet economy for the period 1951-1955) shows there were disagreements between the central planning body and the economic agencies. The position of the State Planning Committee, which sought to draw up a balanced plan, consisted in the allocation of resources and economic obligations between ministries. The ministries, for their part, were inclined to offer lower figures for the growth of production indicators and overestimated amounts of resources to implement the plans. Divergences in positions were regulated by a special interdepartmental commission on disagreements, its proposals were taken as a basis by the government and the State Planning Committee to amend the current and future planning of the industrial development of the USSR. The results of the study allow us to conclude that the planned economy was actually the economy of approvals. In this system, government directives were viewed as a result of an interagency struggle between planners and production workers, where the State Planning Committee counterbalanced the ambitions of ministries. However, active lobbyism of ministers limited the possibilities of planners, as evidenced by the documents of the Dispute Commission.


Author(s):  
Jim Glassman

The fashion in which the Thai peasantry was captured has heavily conditioned the development of the industrial labour process and labour markets. Thai workers did not simply appear at the factory gates when and where they were needed and in possession of the requisite skills. Rather, new streams of marginalized peasants began to join older streams of immigrant Sino-Thai workers as the capitalist transformation of agriculture proceeded, and the ways in which these new streams entered the industrial labour force depended in part upon the ways they were removed from agriculture. Beyond this, the state did not merely passively witness the absorption of former peasants into the industrial labour force but actively abetted the process through a variety of measures, ranging from state promotion of industrial development to investment in education and training of workers. The Thai state also actively shaped the labour market through its alternating suppression and promotion of trade unions, a matter addressed in this chapter. The state functions that are integral to the industrial transformation described here were carried out by internationalized segments of the Thai state, including one—the Department of Labour—that would typically be associated with national corporatism, thus illustrating the depth and complexity of the internationalization process. The internationalization of capital and the state around industrial manufacturing development has been more complicated than the internationalization of capital and state in the capture of the peasantry both because of this depth and complexity and because of the overlapping roles played by two hegemons. Whereas the capture of the peasantry was the product of collaboration between Thai and US elites, the disciplining of the industrial labour force involves more multifaceted collaboration among Thai, US, and Japanese elites—as well as transnational statist institutions. Furthermore, there has been some historical phasing of the relative influence of the two hegemons, with US influence declining after the mid-1970s and Japanese influence increasing. Finally, whereas the US intervention in Thailand aimed directly at transforming the structures of state power along with the economy, the Japanese state has been more inclined to make use of the existing state apparatus and to transform its functions, where necessary, through sheer economic power.


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