scholarly journals Some New Ideas on the Role of Legal Analysis applied to the Regulation of Telecommunications Services in Brazil

2016 ◽  
Vol 8 (1) ◽  
pp. 31-60
Author(s):  
Marcus Faro de Castro ◽  
Daniele Kleiner Fontes

Purpose – The paper aims to present new ideas and analytical approaches developed in recent years by Brazilian legal scholars regarding regulation and economic development. Regulatory law of telecommunications services is taken as an example of application of such new ideas and analytical approaches. Methodology/approach/design – Two main approaches to the relationship between law and economic issues are described: the New Law and Development (NLD) approach and the Legal Analysis of Economic Policy (LAEP) perspective. The paper highlights prominent ideas of each perspective. Findings – The paper shows that there are structured ideas available in recent Brazilian legal literature which have a non-negligible potential of being explored in legal discussions and analyses of economic policy and regulatory issues of many sectors of emerging economies, including the telecommunications industry. Originality/value – The paper offers valuable contributions that may help in efforts to enhance and innovate the role of legal expertise in the regulatory process of several economic sectors, including the telecommunications sector.

2020 ◽  
Vol 33 (20) ◽  
pp. 15-22
Author(s):  
I.Ya. Stanko

The article is devoted to the study of the principles of law as an integrative element of the legal system. The author examines on the basis integration coherences with various components of the legal system, in particular the integration of the principles of law with the ideological components of the legal system, which further influences the formation and development of the legal system as a doctrinal component. The external orientation of the integrative influence of the principles of law, which is mediated in the interaction of the legal system with the social system (society) due to the integrative properties of the principles of law, is considered The author emphasized the importance of the principles of law and their integrational influence on the development of the legal system of Ukraine, because of the important elements of the legal system, the principles occupy one of the main places. Principles of law represent a system of the most general and stable imperative requirements and express the idea and spirit of the law. The study of law principles as an integrative element of the legal system should also be considered through the lens of their functions, which will explain – how is the integration of the main elements of the legal system, how this system-saving mechanism works. For this purpose, it is proposed to dwell on the most illustrative directions of influence of the principles of law as their functions within the system: system-forming, regulatory, law-enforcement, value, law-making, ideological. Understanding the principles of law as an integrative element of the legal system is conditioned by the presence in the methodology of modern jurisprudence of a wide range of cognitive tools, including an integrative approach to understanding legal phenomena. Illustration of the unifying role of principles in law and the legal system, in particular, allows us to reemphasize their importance in relation to other phenomena of legal reality, to understand the cause and effect relationships between individual elements in the structure of systemic entities. The integrative role of the principles of law appears in two directions of the functioning of the legal system – external and internal. In the external direction, their role is to provide the integration of the legal system into the higher level of society, which allows asserting the indirect influence of the principles of law. In the internal direction, the role of the principles of law evolves itself both in the facts of ensuring the interaction of individual phenomena and in the fact of the existence of the proper legal system, which combines legal ideas and values, group and individual interests, dynamic and static phenomena of reality. Keywords: principles of law, the legal system, integrative, functions of law principles.


Author(s):  
Yaroslav Skoromnyy ◽  

The article examines the features of the formation (genesis) of legal responsibility of judges in Ukraine (from Kievan Rus to the present day). It has been proven that at present there are many problems regarding the criminal (legal) responsibility of judges. It was found that judges are insufficiently protected from manifestations of criminal prosecution, which, in turn, affects the increase in loyalty to the prosecution, in contrast to the defense in the criminal process. It has been established that today there are no perfect mechanisms for appealing the inaction of judges in court. It was determined that bringing judges to disciplinary responsibility in the High Council of Justice does not fully comply with the requirements of the European Charter on the Status of Judges. Based on the results of the legal analysis of the activities of the institutions of judicial responsibility, it was found that modern methods of bringing judges to justice in Ukraine are imperfect, often contradictory, and in some cases allow judges to avoid responsibility. It has been established that the issue of civil liability of judges for carrying out wrong actions against citizens today requires an urgent solution, since the legal literature does not fully disclose the provisions that govern the conditions, grounds and procedure for holding judges accountable for resolving unfair sentences and implementing illegal actions that entail material and/or moral damage to citizens. It has been determined that for harm caused as a result of an unjust court decision made by a judge, as well as due to the judge's inaction, property liability is imposed on the state, since the judge conducting the proceedings acts on behalf of the state, that is, Ukraine. It was found that today a judge can be brought to disciplinary responsibility in cases determined in accordance with the Law of Ukraine «On the Judicial System and the Status of Judges».


Author(s):  
Mehmet Vahit Eren ◽  
Erdinç Tutar ◽  
Filiz Tutar ◽  
Çisil Erkan

In order to avoid social inequality of opportunity and improvement of local economies have become government policies in Turkey, as it is in other countries around the world. Incentives, regional development agencies, techno parks and also local entrepreneurs play crucial role in the improvement process of local economies. The increasing rivalry and globalization concept necessitate entrepreneurs to take more risks, to reach innovations to seize opportunities in optimum level. Entrepreneurship is a motor vessel in financial growth and in development, and entrepreneurship is also the source of innovation and creativity. In this regard, the more entrepreneurship develops in a country, the higher level of welfare possesses the chance to advance. The purpose of this report, in which it has been aimed to reveal vital role of entrepreneurship in the progress of local economies, is emphasizing the status of entrepreneurship that transformed Gaziantep’s socio-economic level of development into its present position. Thus with this aim a SWOT analysis, in terms of Gaziantep’s economic entrepreneurship has been carried out. Positive contributions of Gaziantep’s immensely developed industry, facilitation of local innovative entrepreneurs’ involvement in various local economic sectors and in accordance channeling immigration into deployment in local economy have been observed in this study. Significantly it has been observed that plenitude of “opportunist entrepreneurship” or in other words “the entrepreneurs with strategic growth plans” in this region contributed local economy positively.


Wacana Publik ◽  
2019 ◽  
Vol 12 (02) ◽  
Author(s):  
Syamsul Ma'arif

After had being carried out nationalization and hostility against west countries, the New Order regime made important decision to change Indonesia economic direction from etatism system to free market economy. A set of policies were taken in order private sector could play major role in economic. However, when another economic sectors were reformed substantially, effords to reform the State Owned Enterprises had failed. The State Owned Enterprise, in fact, remained to play dominant role like early years of guided democracy era. Role of the State Owned Enterprises was more and more powerfull). The main problem of reforms finally lied on reality that vested interest of bureaucrats (civil or military) was so large that could’nt been overcome. 


2014 ◽  
Vol 100 ◽  
pp. 183-194 ◽  
Author(s):  
Nicole Grunewald ◽  
Michael Jakob ◽  
Ioanna Mouratiadou

Vulcan ◽  
2013 ◽  
Vol 1 (1) ◽  
pp. 39-55
Author(s):  
Steven G. Collins

This article examines the role of James Burton in the diffusion of military technology in the mid-19th century. Burton worked as the Master Armorer at the Harpers Ferry Armory, as a contractor in the Connecticut Valley, and as an engineer at the Enfield Armory. At each location he incorporated the latest ideas of the American System of Manufacturing. Not only did he transmit new ideas, he visited, studied, and learned from his international peers. When the American Civil War began, he joined the Confederate Ordnance Department and helped the South continue a long and destructive war. The new technological ideas—bred out of necessity of war—continued to help shape the creation of a New South. After the war, Burton influenced weapons manufacturing in Russia, Italy, Turkey, and Egypt. The ideas that Burton helped implement is a case study of international technological diffusion.


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