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 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 Legal aspects of activity and development of personal peasant farms in Ukraine: problems and prospects of development

2020 ◽  
pp. 53-58
Author(s):  
M.Yu. Pokalchuk ◽  
V.S. Suslova
Keyword(s):  
Maximum Size ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Point Of View ◽  
Theoretical Point ◽  
Legal Form ◽  
The Moment ◽  
Definition Of ◽  
The Right ◽  
Peasant Economy

The article is devoted to the analysis of legal aspects and basic principles of activity of personal peasant economy in Ukraine. The efficiency of creating such a form of management is also analyzed and attention is paid to the shortcomings in its legal regulation. Based on the legislative definition of personal economic, the article formulated proposals for the legal regulation of their activities. Peculiarities of the right to use land plots as a basis for personal farming are given. The maximum allowable area of land used by personal farms has been identified. Emphasis is placed on cases of increasing this size from a practical and theoretical point of view. The purpose of this article is to analyze the activities of personal farming. Analyze aspects of land lease, eliminate shortcomings in legislation and make proposals to address issues. The authors concluded why the owners of private farms violate the law and illegally exceed the maximum size of land for farms of this organizational and legal form. Given that members of the personal peasant economy abuse the advantages provided by the state to carry out such activities, attention is paid to the moment of transition of the personal peasant economy to the farm. Aspects of taxation of the personality of peasant farms are analyzed and the possibility of reduction to privileged categories at transformation in a farm is offered. The legal aspects of renting private farms are also studied. Based on the analysis of indicators of lease of farms of this organizational and legal form, we provide proposals for the regulation of regulations on issues related to aspects of the activities and development of personal farms and the institution of lease.

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

FEATURES OF THE LEGAL STATUS OF TRANSNATIONAL CORPORATIONS

2017 ◽  
Author(s):  
Victoria Kudryavtseva ◽  
◽  
Julia Vretch ◽  
Alexandra Radchenko ◽  
◽  
...  
Keyword(s):  
International Organizations ◽  
Economic Activity ◽  
Legal Status ◽  
National Level ◽  
Transnational Corporations ◽  
Legal Regulation ◽  
Economic Relations ◽  
International Economic Relations ◽  
Legal Model ◽  
Definition Of

Transnational corporations are currently the leading economic entities, in view of this, the article explored the main approaches to the definition of TNCs and the selection of those features that reveal their legal nature. Particular attention is paid to the peculiarities of management of transnational corporations in the context of globalization of economic activity. It is concluded that in the field of international economic relations TNCs are a generally recognized subject of economic activity. The legal status of TNCs is controversial. At present, TNCs are not an independent legal model, as they do not have a stable and limited set of legal features that are applied on the basis of appropriate legal regulation at the international or national level. The author draws attention to the fact that the main purpose of TNCs is to make a profit. Therefore, any associations that pursue other goals as the main one (public, purely organizational) should be excluded from the scope of study of TNCs. A feature of TNCs in this context is the desire to make a profit internationally. At the same time, it is noted that the national law establishes the rules of law for the regulation of associations (groups) of legal entities, determining for them a specific organizational form. There is no appeal directly to TNCs, due to the inexpediency of regulating their activities only within the framework of national law. It is indicated that the concept of TNCs may be suitable for several types of associations that have the characteristics that are reflected in the documents of international organizations devoted to the study and regulation of TNCs. Therefore, the author noted that the characterization of TNCs should be based on those features that are enshrined in international documents developed within international organizations and aimed at research and regulation of TNCs. Currently, the most detailed concept of TNCs is developed in global investment reports.

scholarly journals On certain development aspects of an ipsas-based system-target approach to evaluation of net asset sustainability level projects in high-rise construction

2018 ◽  
Vol 33 ◽  
pp. 02071 ◽  
Author(s):  
Ruben Kazaryan
Keyword(s):  
Public Sector ◽  
Financial Reporting ◽  
Legal Status ◽  
Accounting Standards ◽  
Legal Aspects ◽  
Financial Reporting Standards ◽  
High Rise ◽  
Net Assets ◽  
Autonomous Institution ◽  
The Right

Problems of accounting and reporting of net assets and the procedure of their formation taking into account the specifics of the economic and legal status of property of a non-commercial autonomous institution are some of the most controversial in the accounting for entities of the public sector. The study focuses on justification of accounting rules for net assets of public sector entities. The methods used in the study are as follows: comparison, synthesis, analysis, logical approach, and system approach. The article examines legal aspects and specifics of recognition of assets of public sector entities in accordance with IPSAS standards (International Public Sector Accounting Standards are a set of accounting standards issued by IPSASB (Council for International Financial Reporting Standards for Public Sector Organizations) used by state-owned enterprises worldwide in preparation of financial statements as of the 31st of August, 2015. The most crucial factor in the modeling of key performance indicators of the system-target approach to estimation of the sustainability level of net assets on the basis of IPSAS is a multicriterial evaluation of the basic management strategy for quality system elements used in operational and strategic planning projects operations in high-rise construction. We offer an alternative evaluation of assets due to be returned to the right holder (the state controller) in the event of liquidation of a public sector entity.

scholarly journals Economic-legal aspects of business assets definition and its effectiveness analysis

2004 ◽  
Vol 52 (6) ◽  
pp. 189-210
Author(s):  
Oldřich Tvrdoň ◽  
Radmila Presová ◽  
Martin Přibyl
Keyword(s):  
Legal Aspects ◽  
Plant Production ◽  
Joint Stock Company ◽  
The European Union ◽  
Stock Company ◽  
Corn Production ◽  
Effectiveness Analysis ◽  
The World ◽  
Definition Of

The thesis “Economic-legal aspects of business assets definition and its effectiveness analysis” analyses the contribution of business assets in joint-stock company Svornost Těmice. The company operates in the field of agricultural primary production. Focus of plant production still keeps the traditional composition of plants grown. In connection with increasing the quality of effectiveness of the machinery the area of corn-production will be expanded. In animal production, the company specialises on the pig-feeding and milking-cows.The theoretical part includes the opinions of the world economists and managers on the definition of basic concepts related to business assets. These opinions are confronted with those of Czech authors, in order to acquaint students of the Faculty of Business and Economics with them – focusing on students of the Trade Management specialisation.The practical part is focused on analysis of effectiveness of business assets in the selected company. It have confirmed that managers of this business have to improve the intensity of exploitation of the asset base and thus to reach its higher effectiveness. This task is necessary for operation in the intensive-competition environment formed after the entrance into the European Union.

scholarly journals Profili giuridici dell’aborto in Irlanda. Peculiarità e prospettive della vicenda irlandese alla luce della legge Protection of Life During Pregnancy Act (2013)

2013 ◽  
Vol 62 (4) ◽  
Author(s):  
Carlo Casini ◽  
Marina Casini
Keyword(s):  
Legal Status ◽  
Human Life ◽  
Legal Aspects ◽  
Human Beings ◽  
Right To Life ◽  
Great Chance ◽  
Judicial Decisions ◽  
The Moment ◽  
The Right ◽  
Protection Of Life

Dopo vivacissisimi dibattiti e diverse decisioni giudiziarie, il Parlamento irlandese ha approvato nel luglio 2013 la legge sull’aborto Protection of Life During Pregnancy Act (2013) che però non ha fatto cessare le discussioni né sopito le inquietudini. Il contributo, supportato da un’ampia documentazione, si muove contemporaneamente su tre piani: vengono esaminati i profili giuridici (costituzionali, referendari, legislativi e giurisprudenziali) della storia dell’aborto in Irlanda, evidenziando gli aspetti che rendono peculiare la vicenda irlandese rispetto a quella degli altri Paesi europei; affronta la questione dello statuto giuridico dell’embrione umano nell’ordinamento irlandese sia nell’ambito dell’aborto, sia in quello della fecondazione artificiale (diffusa nella prassi e legittimata dalla giurisprudenza); offre interpretazioni e prospettive concrete per tutelare la vita umana sin dal momento della fecondazione in un contesto che, invece, tende a sottrarre la protezione nei primi 14 giorni di vita dell’embrione umano. One of us, l’iniziativa dei cittadini europei, promossa sulla base del Trattato di Lisbona, si presenta come una straordinaria occasione per svolgere un ruolo di contenimento delle possibili derive negative della legge recentemente approvata e per mantenere nella società la consapevolezza che la dignità umana è uguale per tutti gli esseri umani, così tutti, sin dal concepimento, sono titolari del diritto alla vita. I cittadini irlandesi potrebbero confermare con la vastità delle adesioni a “Uno di noi” la stessa volontà manifestata nei referendum del 1983, del 1997 e del 2002: “lo Stato riconosce il diritto alla vita del bambino che deve nascere”. ---------- After several lively debates and judicial decisions, the Irish parliament passed a law on abortion in July 2013 Protection of Life During Pregnancy Act (2013) which, however, has not put an end to the discussion or calmed anxieties. The contribution, supported by extensive documentation, moves simultaneously on three levels: 1. examining the legal aspects (constitutional, referendums, legislation and judicial decisions) of abortion’s history in Ireland highlighting those that make that history unique compared to other European countries; 2. dealing with the question of the legal status of the human embryo into the Irish legal system regarding both abortion, and artificial insemination (widely practiced and legitimized by law); 3. offers interpretations and concrete prospects for protecting human life from the moment of fertilization in a context which, however, tends to deprive human life of protection in the first 14 days of life. One of us, the European citizens’ initiative, promoted on the basis of the Treaty of Lisbon, is presented as an extraordinary opportunity to play a role in limiting the possible negative tendencies of the law recently passed and to maintain awareness in society that human dignity is the same for all human beings. So everyone, from conception, is entitled to the right to life. In particular, One of us gives Irish citizens the great chance to confirm the same desire expressed in the referenda of 1983, 1992 and 2002 – “The State acknowledges the right to life of the unborn child” – by signing in great numbers the “One of Us” citizen’s initiative.

scholarly journals Right to access science and technology information in scientific research and innovation activities in Vietnam

2021 ◽  
Vol 63 (4) ◽  
pp. 50-55
Author(s):  
Tung Son Le ◽  
◽  
Thi Hoang Yen Thach ◽  
Van Hong Tran ◽  
◽  
...  
Keyword(s):  
Information Society ◽  
Legal Status ◽  
Science And Technology ◽  
Scientific Research ◽  
Legal Framework ◽  
Research And Innovation ◽  
Innovation Activities ◽  
Technological Information ◽  
The Right

Science and technology information has been an important driving force in the information society and knowledge economy. Access to scientific and technological information for scientific research becomes an essential need and a factor affecting the quality of scientific research and innovation, thereby posing a problem to establish a legal framework for recognising and enforcing the right to access scientific and technological information. Based on identifying and evaluating the current legal status on the right to access to science and technology information, this study proposes solutions to improve the legal framework to ensure the enforcement of the right to access science and technology information in Vietnam.

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.

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