scholarly journals Linear objects as real estate objects: legislative approaches of Russia and foreign countries

2021 ◽  
Vol 7 (Extra-D) ◽  
pp. 41-46
Author(s):  
Oleg R. Skopenko ◽  
Yuri N. Andreev ◽  
Denis N. Latypov ◽  
Anna Rudavina ◽  
Anna S. Shekhovtsova
Keyword(s):  
Real Estate ◽  
Comprehensive Analysis ◽  
Legal Systems ◽  
Anglo Saxon ◽  
Foreign Countries ◽  
The Usa ◽  
Linear Object ◽  
Russian Law ◽  
Definition Of

The purpose of the study is to theoretically develop the problem of attributing linear objects to real estate objects. To achieve this goal, a comprehensive analysis of Russian and foreign legislation was carried out in the framework of relations with linear facilities. At the same time, special attention is paid to the concepts and approaches related to the classification of linear objects as real estate objects in Russian law and in the countries of the Anglo-Saxon and Romano-Germanic legal systems. Considering the civil legislation of Germany, Russia, the USA and France, the authors concluded that there are no unified definitions of the concepts of "linear object" and "real estate"; only a listing of their types has been established. However, the declared concept can be identified based on the definition of the characteristics of real estate in these countries. In this regard, it can be argued that each country has its own understanding in assessing the concept of «linear object» and its attribution to real estate objects.

Procedural Defects of Administrative Acts

2016 ◽  
Vol 4 (4) ◽  
pp. 0-0
Author(s):  
Denis Andreev
Keyword(s):  
Historical Development ◽  
Administrative Law ◽  
Legal Systems ◽  
Legal Doctrine ◽  
Legal Literature ◽  
Russian Law ◽  
Definition Of ◽  
The Uk ◽  
Theoretical Conceptualization

The article addresses the problem of procedural defectiveness of administrative acts, which has not yet been examined extensively in Russian legal literature. The article provides a definition of procedural defects of administrative acts and offers a brief comparative overview of the issue in legal systems of France, Germany, the UK, Bulgaria and Poland. The paper demonstrates historical development of the theme in the Russian legal doctrine while special attention is paid to the analysis of the current Russian law and application thereof. By a number of examples the author substantiates the thesis that contemporary administrative law of Russia contains sufficient ground for theoretical conceptualization of the notion of substantial procedural defects of administrative acts. The author puts forward a set of criteria for classification of procedural defects into substantial and non-substantial and argues that such differentiation constitutes a particular manifestation of general legal trends.

scholarly journals Corporate Entrepreneurship: A Literature Review and Future Research Perspectives

2020 ◽  
Vol 19 (1) ◽  
pp. 61-87
Author(s):  
Magdalena Popowska
Keyword(s):  
Corporate Entrepreneurship ◽  
Future Research ◽  
Anglo Saxon ◽  
Services Sector ◽  
Research Perspectives ◽  
Rigorous Research ◽  
Large Platform ◽  
Unique Definition ◽  
Definition Of

Background. Nowadays, corporate entrepreneurship (CE) is perceived as an essential approach to boost the innovation and creativity within existing organizations for achieving higher opportunities in the market. This paper examines this concept, which has been largely discussed in the Anglo-Saxon world over the last thirty years. Like for many other phenomena, also in case of CE, this discussion has provided numerous conceptualizations, and consequently, there is not one unique definition of CE. In this respect, the search for an appropriate basis for understanding and describing the phenomenon of CE engenders a challenging issue for entrepreneurship researchers. Research aims. This paper aims at creating a large platform for understanding the concept of CE by means of a clarification effort through the review of the most important papers in this field and identification of the existing research gaps. Methodology. Systematic literature survey is the applied methodology. EBSCO and Taylor & Francis database were used as a source for the sampling process. Key findings. The analysis does acknowledge the need for more qualitative and rigorous research in this field and brings several recommendations for the future studies. The main conclusions also do urge for a more diversified research in terms of the sectors discussed, as the biggest gap identified is in the services sector. There is also a need for a more structured classification of the measures, depending on the real research focus: CE antecedents or outcomes.

scholarly journals ANALYSIS OF FOREIGN EXPERIENCE OF INCREASING THE INVESTMENT ATTRACTIVENESS OF ENTERPRISES

2019 ◽  
pp. 56-66
Author(s):  
Kateryna Akulenko
Keyword(s):  
Psychological Factors ◽  
Development Prospect ◽  
European Countries ◽  
Comparative Approach ◽  
Foreign Experience ◽  
Foreign Countries ◽  
The Usa

Conceptual approaches of determining the economic essence of the concept of investment attractiveness of the enterprise are investigated. The advantages and main disadvantages of the existing concepts of the investment attractiveness of the enterprise are identified. The several groups of existing approaches to definitions of the concept of investment attractiveness of the enterprise as domestic and foreign scientists are highlighted. In particular, a factorial, internal and comparative approach to the study of investment attractiveness of enterprises is considered. The own classification of conceptual approaches to determination of essence of investment attractiveness of the enterprise is offered, the structure of which is supplemented in particular by the characteristics of the enterprise from the perspective of its development prospect and the presence of social and psychological factors. The concept of investigation of the essence of the investment attractiveness of the enterprise is supplemented and generalized. The experience of developed foreign countries on the issues of formation of investment attractiveness of enterprises, as well as industries and regions in general are analyzed. In particular, the foreign experience of increasing of investment attractiveness in the example of the USA and China is generalized and the cluster strategies used in European countries are considered

scholarly journals Modern approaches to the crisis management of hotel enterprises, used in world practice

2019 ◽  
pp. 163-175
Author(s):  
B. Assaf
Keyword(s):  
Crisis Management ◽  
Tourism Industry ◽  
Foreign Countries ◽  
Finance Law ◽  
The World ◽  
Negative Impacts ◽  
Definition Of ◽  
Internal And External Factors ◽  
Financial Market Crisis

The concept of "crisis management" entered into everyday use among the managers of hotel enterprises relatively recently. As a practical discipline, crisis management began to actively develop in the 1990s. It was at this time that the objects and subjects of crisis management were determined, different approaches to definition were outlined, tasks, methods, and methods for solving them were formed. The article considers the existing approaches to the definition of crisis management, proposed by Russian and foreign scientists. The most interesting definitions of crisis management, which are used in the hotel business, are indicated. In the framework of the above definitions, examples are given on the implementation of crisis management in practice (in Russia and in foreign countries). Particular attention is paid to the classification of crises that affect the activities of hotel enterprises. Internal and external factors influencing the development of the hotel business are highlighted, and their ranking has been carried out. According to the results of the study, the shortcomings of the approaches to crisis management are presented, and a personal interpretation of the definition is proposed. World experience shows that crisis management was interested in scientists and practitioners from various fields: management, economics, finance, law, mathematical modeling, econometrics, programming, etc. Moreover, interest in crisis management arose most often at times when the world economy underwent a number of negative impacts. Currently, these phenomena have become quite frequent. Due to the fact that the markets and industries of the world have become interconnected, the financial market crisis leads to a decline in the development of the tourism industry, which in turn affects the hotel business.

scholarly journals USA AND WESTERN EUROPEAN SANCTIONS POLICY WITH RESPECT TO RUSSIA

2019 ◽  
pp. 147-151
Author(s):  
I. Aksenov
Keyword(s):  
European Union ◽  
Russian Federation ◽  
Western Europe ◽  
The United States ◽  
Foreign Countries ◽  
The Usa ◽  
The Russian Federation ◽  
Economic Balance

The implementation of the sanctions policy of the United States and Western Europe in relation to the Russian Federation has been analyzed. The objectives of the USA and European Union sanctions policies have been identified. The study has been based on the principles of a three-level classification of sanctions aimed at destabilizing the economy of the Russian Federation. Sectors of the economy and companies have been identified, that, have become objects of sanctions policy and have suffered more from USA and European Union sanctions. The role of sanctions as a toolkit, which can influence the political and economic balance of power in the world, has been defined. The opinion of representatives of business of foreign countries on the formation of anti-Russian sanctions has been reflected within the article. The features of the implementation of the sanctions policy in the digital block and cyberspace have been noted.

scholarly journals Specific Features of the Formation and Development of Mediation in Foreign Countries with Anglo-Saxon and Romano-Germanic Legal Systems

2020 ◽  
Vol 76 (1) ◽  
pp. 133-138
Author(s):  
S. S. Myrza
Keyword(s):  
Scientific Work ◽  
Developed Countries ◽  
The United States ◽  
International Experience ◽  
Scientific Article ◽  
Legal Systems ◽  
Anglo Saxon ◽  
Legal Method ◽  
Foreign Countries ◽  
Methods And Techniques

In the context of radical changes taking place in the field of jurisprudence, the topic of researching innovative forms of mediation, which has recently become a phenomenon of legal reality, becomes especially relevant. The scientific work is focused on studying the peculiarities of the formation and development of mediation in foreign countries with Anglo-Saxon and Romano-Germanic legal systems, as well as the procedure for training professional mediators in these countries. According to the chosen topic, the purpose of this scientific article is to consider the modern system of training mediators in developed countries with different legal systems, their comparative analysis in the context of common methods and techniques of training mediators in the world practice, with further implementation of international experience of developed countries in Ukraine, as well as perspectives for applying mediation as an independent way of resolving legal disputes in Ukraine. In accordance with the purpose and objectives of the research, the author of the scientific work has used a set of methods and techniques of scientific cognition, both general theoretical, special and scientific. Using the epistemological method of the research, the author has defined the essence of mediation as a separate alternative way of resolving disputes, which was initiated in the 60-70s of the XX century in the United States of America. Using the historical method, the author has studied the stages of development of mediation in foreign countries with Anglo-Saxon and Romano-Germanic legal systems. The comparative and legal method has been used to generalize international experience in the development of mediation and training of mediators in Ukraine, to develop recommendations for the introduction of such experience in the area of alternative dispute resolution along with litigation. The peculiarities of the stages of the formation and further development of the institution of mediation in foreign countries with Anglo-Saxon and Romano-Germanic legal systems have been analyzed. Based on the generalization of leading international practices, the author has conducted a brief overview of the training of mediators in countries with different legal systems. The expediency of introducing international experience of developed countries in the training of mediators in Ukraine has been substantiated. It has been concluded that the legislative consolidation of the institution of mediation in Ukraine by the example of developed countries with Anglo-Saxon and Romano-Germanic legal systems will provide rapid and cost-effective out-of-court settlement of disputes, as well as improve and simplify access to justice. It has been proved that on the basis of the model of mediation development in developed foreign countries, its introduction in Ukraine will allow to bring the provisions of national justice closer to European standards; reduce state budget expenditures, as well as promote the development and enhancement of the legal culture of citizens.

scholarly journals INFLUENCE OF BROWNFIELD CONVERSION ON EVALUATING REAL ESTATE AND IMPLEMETING THE POSSIBILITES OF URBAN BROWNFIELDS IN LITHUANIAN CITIES / APLEISTŲ TERITORIJŲ KONVERSIJOS ĮGYVENDINIMO GALIMYBĖS LIETUVOS MIESTUOSE

2015 ◽  
Vol 7 (1) ◽  
pp. 30-39
Author(s):  
Vytautas Bielinskas ◽  
Marija Burinskienė
Keyword(s):  
Real Estate ◽  
Urban Areas ◽  
Urban Infrastructure ◽  
Legal Framework ◽  
Current Trends ◽  
Foreign Countries ◽  
Urban Territories ◽  
Private And Public ◽  
Definition Of ◽  
Urban Brownfields

The article deals with the problems of brownfield in Lithuania. The paper overviews Lithuanian and foreign experience of integrating the introduced areas into the urban framework based on social, economic, ecological and cultural contextuality. The main problem, on Lithuanian scale, is the absence of an official definition of urban brownfield. The legal framework in Lithuania does not contain any provisions to be processed. The article is aimed at identifying potential threats to the areas in respect of criteria for urban brownfields, and, according to this review, at revealing possible uses of this land. One of the most effective ways of urban sustainable development is the conversion of former military, industrial and other land accepted as the legacy of the Soviet regime. The authors have established a causal relationship resulting in the emergence of the urban areas of wilderness and developed guidance on using them. The authors have analysed and evaluated the existing real estate developers and current trends towards opportunities for private and public partnership (PPP) in Lithuania. Although PPP is widespread in most of European countries, it is a rare phenomenon in Lithuania, and has no deep-rooted tradition of this kind of investment in urban infrastructure; however, evaluation is one of the most potential ways to revitalize abandoned urban territories. Based on practices of foreign countries, the authors have identified PPP as a priority. Straipsnyje nagrinėjama apleistų teritorijų Lietuvoje problematika, apžvelgiama tokių teritorijų integravimo į miestų urbanistinį karkasą, atsižvelgiant į socialinį, ekonominį, ekologinį ir kultūrinį kontekstualumą, Lietuvos ir užsienio patirtis. Pagrindinė vyraujanti problema yra informacijos, kaip vertinti apleistas teritorijas, stoka. Lietuvos teisinėje bazėje nėra jokių jų tvarkymo nuostatų. Šio straipsnio tikslas – įvertinus Europos šalių patirtį apibrėžti tokių teritorijų keliamas grėsmes ir atskleisti panaudojimo galimybes Lietuvos miestuose. Buvusių karinių, pramoninių ir kitų teritorijų, susiformavusių mieste sovietinio režimo metais, konversija – tai vienas efektyviausių tvariosios plėtros būdų. Autoriai identifikavo priežastinį ryšį, lėmusį miesto dykrų atsiradimą, ir parengė jų panaudojimo metodines rekomendacijas. Atlikdami analizę autoriai įvertino esamą bendrąją Lietuvos miestų urbanistinę situaciją bei privataus ir viešojo sektorių partnerystės (angl. Public Private Partnership – PPP) taikymo galimybes. Lietuvoje toks investavimo į miesto infrastruktūrą būdas, priešingai nei Europos šalyse, yra retas, neturi gilių tradicijų, tačiau vertinamas kaip potencialus. Atlikę užsienyje taikomų modelių apžvalgą autoriai šį partnerystės būdą išskyrė kaip prioritetinį.

scholarly journals MAIN DIRECTIONS FOR IMPROVING THE PORTFOLIO STRATEGY IN THE REAL ESTATE MARKET

2021 ◽  
Vol 6 (3(53)) ◽  
pp. 74-77
Author(s):  
Z. R. Muradova
Keyword(s):  
Real Estate ◽  
Real Estate Market ◽  
The Real ◽  
The Real Estate ◽  
Portfolio Strategy ◽  
The Real Estate Market ◽  
Definition Of

The article analyzes the main participants of the real estate market, presents the classification of real estate objects, clarifies the definition of the real estate portfolio, considers the main stages of managing the real estate portfolio and defines the main directions for improving the portfolio strategy in the real estate market.

scholarly journals Specifics of criminal liability for a brutal and premeditated murder under the criminal legislation of some foreign countries

2020 ◽  
Vol 11 (3) ◽  
Author(s):  
Kovalova Svitlana ◽  
Keyword(s):  
Legal System ◽  
Criminal Liability ◽  
Legal Systems ◽  
Anglo Saxon ◽  
Relevant Characteristic ◽  
Foreign Countries ◽  
Criminal Legislation

The article is dedicated to research on criminal liability for a brutal and premeditated murder under the criminal legislation of some foreign countries. It determines the principal trends in inflicting punishment for this type of an aggravated premeditated murder. It explains that the states of continental Europe and the countries of the Anglo-Saxon legal system have no common approach to incorporating a characteristic of a premeditated murder such as «extreme brutality» in their criminal legislations. It shows that the relevant characteristic is represented by a full scope of extreme brutality in the criminal laws of some states; other countries define just some aspects of extreme brutality; yet in a number of countries, extreme brutality is not defined as an aggravating circumstance of a murder at all. In other countries, although extreme brutality is not defined as a qualification, the elements of a crime are defined as a premeditated murder committed in a brutal way. Keywords: a premeditated murder, an aggravating circumstance, extreme brutality, criminal liability, foreign legislation, legal systems, punishment

scholarly journals Tax Mediation as a Tools for Resolving Tax Disputes

2021 ◽  
Vol 10 (525) ◽  
pp. 318-325
Author(s):  
I. K. Shushakova ◽  
◽  
I. D. Hrabova ◽  
I. V. Demianova ◽  
◽  
...  
Keyword(s):  
Great Britain ◽  
The Netherlands ◽  
Mediation Process ◽  
Legal Practice ◽  
Foreign Countries ◽  
Scientific Papers ◽  
The Usa ◽  
The Subject ◽  
Definition Of ◽  
Negative Factors

The article is concerned with the theoretical and practical issues of resolving tax disputes with the help of such tools as tax mediation. The article is aimed at examining the essence of the institute of tax mediation as an effective tools for pre-trial resolution of tax disputes, taking into account the experience of foreign countries. Statistics on the consideration of tax disputes in administrative order are provided. Approaches to interpretation of the essence of tax mediation in scientific papers are studied. The authors’ own definition of tax mediation is presented, by which is meant the method of resolving tax disputes between tax authorities and taxpayers, based on the principles of presumption of the legitimacy of decisions and the integrity of the taxpayer, allowing to resolve tax disputes at the stage of pre-trial proceedings with the participation of a mediator. The purpose, objectives, principles of tax mediation are provided. The effects of tax mediation, causing influence on both tax authorities and taxpayers, are determined. The positive and negative factors of tax mediation use are closer defined. The analysis of foreign experience in the implementation of the mediation mechanism for resolving tax disputes is carried out. Also the subject composition of the tax mediation process is closer defined. The principles of mediators’ activity: voluntariness, neutrality and confidentiality are analyzed. The experience of foreign countries, namely: the Netherlands, the USA, Germany, Great Britain, Belgium, Canada on the implementation and implementation of tax mediation is characterized. The analysis of the experience of foreign countries shows that legal practice of taxation has an extremely rich instrumentarium for alternative settlement of tax disputes Proposals for the regulation of the tax mediation mechanism at the legislative level are developed.

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