scholarly journals Self-representation of the legal sentity in gourt in accordance with theeхіsting legisla- tion

2021 ◽  
pp. 128-132
Author(s):  
L.A. Kondratyeva
Keyword(s):  
Complete List ◽  
Power Of Attorney ◽  
Legal Entity ◽  
Labor Contract ◽  
The Public ◽  
Procedural Law ◽  
The People ◽  
Administrative Code ◽  
The Right ◽  
Legal Entities

The article is dedicated to the research of the institution of representation in courts, in particular self-representation of the legal entity. This problem has become relevant in connection with the changes in the Constitution of Ukraine under which was introduced so-called monopoly of the attorney. Such changes provide for representation in court solely by attorneys exception of cases listed in articles 131-2 Constitution of Ukraine. At the same time physical persons and the legal entities can represent themselves independently. To that end in the procedural law introduces the concept of self-representation that is the representation different from the attorney representation. The concept of self-representation is enshrined in code of civil procedure art.58, code of commercial procedure art. 56, administrative code art. 55. With the promulgation of Law of Ukraine “On the amendment of some legal acts of Ukraine regarding expansion of possibilities of self-representation in court of the public bodies, authorities of the Autonomous Republic of Crimea, local authorities, other legal entities regardless of the order of creation” dated December 18, 2019 №390-IX significantly expanded circle of persons that can represent legal entity in accordance with the self-representation. According to the author such legislative position establishes the right to represent legal entity in the court not only by the director or by member of the Executive Committee of the legal entity but also by the people who are in an employment relationship. The author considers despite the legal certainty of the norms of Law №390-IX it contains no complete list of persons that can undertake self-representation and the complete list of required documents that is necessary to provide the court. The author suggests which documents can confirm the authorization of the person that exercise self-representation of the legal entity. According to the author self-representation of the legal entity includes participation of the representative of the legal entity which has direct relationship to the legal entity and its powers already exist by internal documents in particular by labor contract. Regarding the attorney representation of the legal entity it arises by force of power of attorney. The author also claims that personal participation in the proceedings which provides self-representation of the legal entity doesn’t waive the right of the legal entity to have the representative in the case i.e. the attorney.

The Right to Information in India Implementation and Impact

2015 ◽  
Vol 2 (1) ◽  
pp. 17
Author(s):  
_______ Naveen ◽  
_____ Priti
Keyword(s):  
Public Life ◽  
Public Authorities ◽  
The Public ◽  
Know How ◽  
The People ◽  
The Government ◽  
Right To Information ◽  
The Right ◽  
The Impact

The Right to Information Act 2005 was passed by the UPA (United Progressive Alliance) Government with a sense of pride. It flaunted the Act as a milestone in India’s democratic journey. It is five years since the RTI was passed; the performance on the implementation frontis far from perfect. Consequently, the impact on the attitude, mindset and behaviour patterns of the public authorities and the people is not as it was expected to be. Most of the people are still not aware of their newly acquired power. Among those who are aware, a major chunk either does not know how to wield it or lacks the guts and gumption to invoke the RTI. A little more stimulation by the Government, NGOs and other enlightened and empowered citizens can augment the benefits of this Act manifold. RTI will help not only in mitigating corruption in public life but also in alleviating poverty- the two monstrous maladies of India.

scholarly journals ABUSE OF THE RIGHT TO INITIATE BANKRUPTCY PROCEEDINGS

2020 ◽  
pp. 259-264
Author(s):  
В. В. Дутка
Keyword(s):  
The Other ◽  
Legal Entity ◽  
Legal Norms ◽  
Other Hand ◽  
Bankruptcy Procedure ◽  
Good For ◽  
The Law ◽  
The Right ◽  
Ordinary Citizens ◽  
Legal Entities

The relevance of the article is that society’s attitude to the bankruptcy procedure is ambiguous: ordinary citizens who have never been involved in bankruptcy proceedings often perceive it as a certain negative phenomenon that should be avoided and avoided. On the other hand, for many debtors, bankruptcy becomes the “lifeline” with which they can repay their claims to creditors and start financial life “from scratch”. At the same time, it should be noted that many debtors and creditors use the bankruptcy procedure not for the purposes provided by the legislator in the relevant legal norms, but to satisfy only their own interests, to the detriment of the interests of other parties to the case. In this regard, the study of the abuse of the right to initiate bankruptcy proceedings becomes relevant. The article is devoted to the study of abuse of the right to initiate bankruptcy proceedings. The purpose of the article is to study the abuse of the right to initiate bankruptcy proceedings and highlight the author’s vision of this issue. According to the results of the study, the author concludes that the application to the debtor of bankruptcy procedures can be both good for the debtor and to the detriment of the interests of his creditors. Entities that could potentially abuse the right to initiate bankruptcy proceedings are: creditors of the debtor – a legal entity, as well as debtors – legal entities, individuals and individuals – entrepreneurs. The fact of exemption of debtors from the court fee for filing an application to initiate bankruptcy proceedings is not only an unjustified luxury for our state, but also only contributes to the abuse of the right to initiate bankruptcy proceedings by unscrupulous debtors. In order to reduce the number of cases of abuse of the right to initiate bankruptcy proceedings, the author justifies the need to complicate the conditions for opening bankruptcy proceedings, for example, by returning the conditions provided by the Law of Ukraine “On Restoration of Debtor’s Solvency or Recognition of Debtor’s Bankruptcy”.

Optimal Policy for Biopharmaceutical Drugs Innovation and Access in India

2011 ◽  
pp. 74-114
Author(s):  
Rakhi Rashmi
Keyword(s):  
Developing Countries ◽  
Optimal Policy ◽  
Patent Protection ◽  
Trips Agreement ◽  
Public Access ◽  
The Public ◽  
Transfer Of Technology ◽  
The People ◽  
The Right ◽  
Government Initiative

In theory, patents work by providing the inventor an incentive to invent in the first place and then to disclose. Disclosure to the public is rewarded by giving the inventor a monopoly. As product patent and higher patent protection has been advocated by Art 27.1 of the TRIPs agreement on the basis that for greater innovation through transfer of technology is a necessity in developing countries like India as it provides capital to fund expensive innovations, who are otherwise not be able to fund expensive innovations on its own. On the other hand, at the same time drugs are also related with the health of the people and to take care of the health of the people is the utmost priority of any Government and there are issues like accessibility with regard to strong patent protection to biopharma products and data exclusivity. Also as per Art 7 of the TRIPs transfer of technology has to occur to the developing countries in order to promote technological innovations, which is conducive to social and economic welfare. Therefore, striking the right balance between incentive and public access creates a tension is essential. This study suggests optimal policy (Patent and other regulations) to have a balance between biopharma drugs innovation and their access in India while complying with the provisions of the TRIPs agreement by broadly categorising variables such as (1) patent policy such as the scope of biotech patents and the extent of the right in terms of breadth and length; and (2) regulatory environment such as the taxation incentive, Investment policy, Government initiative for the development of this sector etc.

scholarly journals Recovery of Damages from the Head of an Economic Entity: Legislation of the Russian Federation and Law Enforcement Practice

2019 ◽  
Vol 62 ◽  
pp. 10003
Author(s):  
Y.A. Dorofeeva ◽  
M.N. Zubkova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Good Faith ◽  
Legal Entity ◽  
Historical Method ◽  
Economic Entity ◽  
Legal Method ◽  
The Russian Federation ◽  
The Right ◽  
Legal Entities

A legal entity as a union recognized in law and absent as an independent entity outside the law, exists and carries out its activities through the governing bodies whose composition and competence are always predetermined by the norms of positive law. Undoubtedly, the rights of the governing bodies of a legal entity, as well as the duties of the head of the organization, must be strictly predetermined and have limits defined by law. Failure of this rule would mean the possibility of abuse of the right by the governing bodies of legal entities, their release from the obligation to lead the organization in good faith and reasonably, evasion from the fulfillment of obligations assumed by the legal entity through the sole executive body or another governing body of the organization. In order to prevent harm to the organization and third parties, the governing bodies of the legal entity, the legislator set certain rules for the activities of the governing bodies of the legal entity, as well as the grounds for applying measures of responsibility for violating such rules. The responsibility of the head includes the recovery of damages caused by his fault to a legal entity. The purpose of the study is to analyze the grounds and conditions for recovery of damages caused by the head of the organization in the legislation of the Russian Federation and arbitration practice. The objectives of the study are to determine the grounds for liability of the head of a legal entity in the form of damages, show the genesis of the formation of Russian legislation and the practice of its use by courts on recovering losses of a legal entity from the head of an organization, identify criteria for determining the presence of both good faith and reasonableness in the behavior of managers of legal entities, brought to responsibility in the form of the obligation to pay damages to the organization they lead. In carrying out the study, such methods were used as: general scientific - analysis, synthesis, comparison, generalization, historical method; private-scientific: formal-legal, comparative-legal, allowing to consider the issues of bringing to responsibility in the form of recovery of damages of the head of a legal entity; Formal legal method for determining the content of abstract categories - reasonableness, good faith, permissible behavior, method of system-structural analysis - to study the possibility of applying damages as a form of responsibility for the guilty behavior of a special entity - the head of a legal entity The result of the study is the establishment of the grounds and conditions for applying to the head (former head) of a legal entity responsibility in the form of recovery of damages caused to the organization managed by it, in the legislation of the Russian Federation and judicial practice. The findings and results of the study can be used for further research and as educational material, in legislative work and in law enforcement practice.

scholarly journals Politics and Political Participation of “Grass-Roots” in General Election 2019, Bandar Selamat Regency, Medan, Indonesia

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Rehia K. Isabella Barus ◽  
Armansyah Matondang ◽  
Nina Angelia ◽  
Beby Masitho Batubara
Keyword(s):  
Political Parties ◽  
Political Participation ◽  
General Election ◽  
The Political ◽  
The Public ◽  
Grass Roots ◽  
The People ◽  
The Right ◽  
Two Stages

Ahead of the 2019 general election which is divided into two stages, namely the Legislative election and the Presidential election. This event is the right moment to find out the political participation of the people at the grass-roots level while at the same time seeing the interaction between the people in the grass-roots and political parties. The interaction that wants to be seen is what forms of political behavior and community participation at the grassroots, as well as how political parties behave in interacting with this community. Then the important point that is also seen is how political parties behave in involving and seeking to raise support from the community. In the end, through this research, it will be known the quality of political participation from the public and electoral political parties in 2019.

scholarly journals STRATEGY OF THE POLITICAL CAMPAIGN MODEL

2019 ◽  
Vol 4 (1) ◽  
pp. 37-53
Author(s):  
Andiwi Meifilina ◽  
Sulistyo Anjarwati
Keyword(s):  
Life Experiences ◽  
Political Campaigns ◽  
The Political ◽  
Political Campaign ◽  
Political Organizations ◽  
The Public ◽  
Female Candidates ◽  
The People ◽  
Strategy Model ◽  
The Right

The problems faced when approaching the election are many, one of which is the problem related to how to lobby politics to the public to use their voting rights so that they do not abstain. This problem that is often encountered can be solved by implementing the right political campaign model strategy. The strategy in political campaigns is a careful plan for activities to achieve specific goals where the activities carried out are carried out by political organizations or competing candidates to compete for positions in parliament in order to get the support of the mass of voters (voters) in voting. In line with Law No. 10 of 2008 concerning elections for members of the DPR, DPD and DPRD loaded with 30 percent quota for women in article 53, coupled with article 8 paragraph 1 mentioned regarding statements of at least 30 percent quota of women's representation in central party political party management as one of the requirements political parties to be able to become participants in the election. The purpose of this study was to find out in depth about the strategy of the political campaign model of female candidates in Blitar Regency as a method used by legislative candidates to attract their voters. This way of lobbying politics to the community has the aim of introducing candidates to the public through political campaigns that bring up the positive image of legislative candidates by involving the community. One way in which legislative candidates take to attract attention and get votes from various communities is starting from giving promises when campaigning. The subject of this research is that all the people and female candidates in Blitar Regency and the object of their research are the political campaign model strategies in Blitar Regency. The type of research used is qualitative research using the phenomenology approach. The phenomenology approach aims to describe the meaning of life experiences experienced by some individuals about certain concepts or phenomena by exploring the structure of human consciousness. So here the researcher wants to know the meaning of the experience experienced by the community and female candidates related to the political campaign model strategy through this phenomenology study. This research method uses a qualitative approach with interviews, observation, and documentation studies. This research produced a strategy model for political campaigns related to the phenomenon of female candidates in Blitar District.  

scholarly journals Efektifitas Fungsi Badan Kepegawaian Daerah Kabupaten Gorontalo dalam Penyelenggaraan Penerimaan Calon Pegawai Negeri Sipil

2018 ◽  
Vol 1 (1) ◽  
pp. 50
Author(s):  
Nurwita Ismail
Keyword(s):  
Quality Of Service ◽  
Sociological Research ◽  
Legal Research ◽  
The Public ◽  
The People ◽  
Public Expectation ◽  
The Republic ◽  
The Right ◽  
Basic Philosophy

In essence the right of everyone to get the same job and opportunity in government, is one of the instruments in trying to improve prosperity and prosperity of the people. This corresponds to the basic philosophy of the state summarized in Pancasila, where the five precepts of Pancasila should be viewed as one unified whole. Even has been translated in the Constitution of the Republic of Indonesia (UUD) Year 1945, as well as a constitutional basis in governance, nation and state.The importance of Gorontalo Regency Government / related agencies especially Regional Personnel Agency (BKD) performs acceptance in accordance with the mechanisms stipulated in several Laws and Regulations in particular PP. 43 of 2007, with the expectation that the quantity of civil servants can dominate the quality so that the public expectation of the quality of service and the acceleration of regional development can be fulfilled. Type of research Sociological Juridical. Juridical Sociological Research is a legal research that combines the research of normative law and sociological law research.

scholarly journals MONUMENT STATUE STUDY OF NANI WARTABONE STRUGGLE THROUGH BACKGROUND AND ITS VISUALIZATION

ARTic ◽  
2019 ◽  
Vol 4 ◽  
pp. 193-201
Author(s):  
Muhammad Isla
Keyword(s):  
Qualitative Research ◽  
Research Methods ◽  
Qualitative Research Methods ◽  
Historical Background ◽  
Research Results ◽  
Left Hand ◽  
The Public ◽  
The People ◽  
The Right ◽  
Descriptive Qualitative

This study aims to find out how to study the Nani Wartabone statue in terms of visuals, to provide knowledge to the people of Gorontalo the meaning of the Nani Wartabone statue and to describe the background study and visualization of the Tilongolo Nani Wartabone monument statue. This research was written using descriptive qualitative research methods, the authors observed in detail the background and visualization of the Tilongolo Nani Wartabone monument, the results of this study allow the writer to know the historical background of the Tilongolo Nani Wartabone monument statue and the writer can also know the visual meaning of the Tilongolo Monument statue Nani Wartabone. The research results obtained by the author are quite good because there are two sources who are quite helpful in the process of writing this research, the conclusion or the final result of this study is that the writer and the public can find out the background of the Nani Wartabone statue made to commemorate his services in fighting the invaders and the meaning of the visualization of the statue of the struggle of Nani Wartabone, namely: (1) The pointing hand has a meaning, namely his birthplace, Bube Village, Suwawa District, Bone Bolango Regency, Gorontalo Province; (2) Bayonet in the left pocket is made by Suwawa which has the mystical power to protect Nani Wartabone in certain situations; (3) The pistol in the right pocket is used as a helper for the main weapon in the left hand of Nani Wartabone; (4) The weapon in the left hand of Nani Wartabone is a long rifle (hunting rifle) that can be used on the battlefield; (5) The Safari uniform used by Nani Wartabone has patriotic meaning and strength; and (6) Base of 2 and the curve of base of 3 represents the number 23 celebrated as patriotic day by the people of Gorontalo.

scholarly journals The question of crime: How much does the public have the right to know?

2009 ◽  
Vol 15 (2) ◽  
pp. 71-84 ◽  
Author(s):  
Joy Cameron-Dow
Keyword(s):  
Criminal Justice ◽  
Crime Reporting ◽  
The Internet ◽  
Right To Know ◽  
The Public ◽  
Mainstream Media ◽  
International Scale ◽  
The People ◽  
The Right To Know ◽  
The Right

The public right to know is of particular significance when considering the reporting of crime and criminal justice. The internet has demonstrated strong influences upon crime reporting in mainstream media, including the range of material it provides to audiences. In addition, the internet has exposed journalists to new legal and ethical ramifications that accompany reportage on an international scale and, while it may be ‘giving the people what they want’, it has also exacerbated the controversy surrounding the perennial question of how much the public has a right to know. 

scholarly journals Monopoly of State-Owned Enterprise of Social Justice

2017 ◽  
Vol 1 (2) ◽  
pp. 98
Author(s):  
Rory Jeff Akyuwen
Keyword(s):  
The State ◽  
Economic Activities ◽  
High Quality ◽  
The Public ◽  
The People ◽  
Role Of The State ◽  
General Benefit ◽  
The Republic ◽  
The Right

The role of the state through BUMN becomes so important when it is formulated in a provision as formulated in Article 33 Paragraph (2) of the 1945 Constitution of the State of the Republic of Indonesia, where the production branches which are important for the State and which affect the livelihood of the public must be controlled by Country. Here it indicates the authority of the State to participate in economic activities through the operation of production branches that can be categorized as important for the State and considered vital and strategic for the interest of the State.This is based on the reasons as formulated in the explanatory section of Article 33 of the 1945 Constitution of the State of the Republic of Indonesia, so that the benefits of the production branches do not fall into the hands of individuals, the State actively takes the role to cultivate it because the production branch is considered important and which control the livelihood of the people for the greatest prosperity of the people. State-Owned Enterprises is formed with the aim of contributing to the development of the national economy in general and the state's revenue in particular; The pursuit of profit; To hold general benefit in the form of providing goods and / or services of high quality and adequate for the fulfillment of the livelihood of the public; Pioneering business activities that have not yet been implemented by the private sector and cooperatives and actively providing guidance and assistance to weak economic entrepreneurs, cooperatives, and communities.SOEs are given the right to monopoly in the economic field which is considered to control the livelihood of many people.

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