Between exercising of public powers and economic activity. The latest findings on the notion of entrepreneur made in the process of judicial review of the decision of the President of the Office of Competition and Consumer Protection

2018 ◽  
Vol 5 (2) ◽  
pp. 115
Author(s):  
Stefan Akira JARECKI
Keyword(s):  
Consumer Protection ◽  
Judicial Review ◽  
Economic Activity ◽  
Value Added ◽  
Competition Law ◽  
The State ◽  
Public Utility ◽  
Eu Law ◽  
Public Authorities ◽  
State Activity

Aim: There is no doubt that public authorities may be directly or indirectly involved in economic activity. A traditional way of distinguish state activity which is not subject to the rules of the market is to decide when the state acts as public authority. In case of state activity two category of situations should be distinguished: these where the state is engaged in an economic activity (sphere of dominium) and these when the state acts by exercising of public powers (sphere of imperium). In the opinion of the author of the article, the distinction between imperium and dominium is still relevant. According to the Competition and Consumer Protection Act of February 16, 2007, an entrepreneur is inter alia natural and legal person, as well as an organisational unit without a legal status to which legislation grants legal capacity, organising or providing public utility services which do not constitute economic activity in the meaning of the provisions on freedom of economic activity. The President of the Office of Competition and Consumer Protection found that public authorities exercising their administrative powers (sphere of imperium) may be classified as entrepreneurs. In the recent decisions which were subject of judicial review the President of UOKiK decided that the National Health Fund – a state authority responsible for organization and management of health care services in Poland – is an entrepreneur in the meaning of the Polish law (act on competition and consumer protection). The aim of this article is to answer the question whether competition rules should be applied to the state activity in the imperium sphere. This article will focus on the notion of an entrepreneur (undertaking) in polish and EU law in the context of the activity of the state. Design / Research methods: The objective of the article is achieved through doctrinal analysis of the relevant rules of the Polish and EU law and analysis of the recent decisions issued by the President of UOKiK, as well as judgments of the EU Courts, concerning the possibility of qualification of the widely understood state as an undertaking (entrepreneur).Conclusions / findings: From the analysis of the same concept applied in polish and EU law clearly follows that public entities acting ‘by exercising public power’ or ‘in their capacity as public authorities’ (imperium sphere) should not be classified as entrepreneurs (undertakings) in the meaning of competition law. The main scientific value added of the article are the conclusions that the provisions on the protection of competition should be applicable only to the activity of the state in the dominium sphere and that the definition of an entrepreneur and business (economic) activity should be connected to the existence of a market. Originality / value of the article: Paper should be interesting for public authorities, as well as for lawyers, dealing with problems concerning of qualification of public entities in the context of the competition law. The results of the research may be applied for example in the decisions that would be taken by the President of UOKiK. The consequences of application of the findings of the research to practice may be a change of approach to qualification of public entities in the context of the provision of competition law.

scholarly journals Consumers and COVID-19: Survey Results on Mask-Wearing Behaviors and Beliefs

2020 ◽  
pp. 1-7 ◽  
Author(s):  
Edward S. Knotek ◽  
Raphael S. Schoenle ◽  
Alexander M. Dietrich ◽  
Gernot J. Müller ◽  
Kristian Ove R. Myrseth ◽  
...  
Keyword(s):  
Economic Activity ◽  
The State ◽  
Public Authorities ◽  
Social Distancing ◽  
Survey Results

Masks or cloth face coverings have the potential to help reduce the spread of COVID-19 without greatly disrupting economic activity if they are widely used. To assess the state of mask wearing, we surveyed US consumers about their recent and prospective mask-wearing behavior. We find that most respondents are wearing masks in public but that some respondents are less likely to follow social-distancing guidelines while doing so, indicating a potential tradeoff between two of the recommended methods that jointly reduce coronavirus transmission. While most respondents indicated that they were extremely likely to wear a mask if required by public authorities, the reported likelihood is strongly dependent on age and perceived mask efficacy.

scholarly journals FOREIGN ECONOMIC ACTIVITY OF UKRAINE: FISCAL CONSEQUENCES

2021 ◽  
Vol 71 (3) ◽  
Author(s):  
Liudmyla Dermanska
Keyword(s):  
International Economic ◽  
Economic Activity ◽  
Current Model ◽  
Value Added ◽  
The State ◽  
State Budget ◽  
Excise Tax ◽  
Economic Relations ◽  
International Economic Relations ◽  
The Impact

The article considers the peculiarities of Ukraine's foreign economic activity in the development of international economic relations and identifies the impact of the taxation system on the import of goods into Ukraine on the fiscal consequences for domestic priorities. In particular, it is analyzed the share of VAT on imported goods in the structure of state budget revenues for 2016-December 2020, the dynamics of excise tax on goods imported into Ukraine and depending on the object of taxation in 2019, the volume and share of import duties in the structure revenues of the State budget. Particular attention is paid to issues related to the filling of the budget, namely, attention is focused on the structure of objects from which excise tax was paid on imports. In particular, the importance of such tools for regulating foreign economic activity as import duties is revealed, but its share in the structure of customs duties is not the most significant, and VAT charges significantly exceed revenues from customs duties on imports. It is emphasized that the priority task to overcome the existing contradictions in the field of foreign trade should be the introduction of an effective and adequate to the requirements of the time model of foreign economic activity. Because, as the results of a study of the activities of domestic enterprises - subjects of foreign economic activity show, the current model is outdated and inefficient and can not ensure the development of this area. The current state of affairs requires a number of sound management decisions backed by political will and economic expediency, and most importantly, not only in the field of fiscal policy. Therefore, the study of the peculiarities of Ukraine's foreign economic activity in the development of international economic relations and determining the impact of value added tax, excise tax and duties on fiscal consequences for domestic priorities allows us to determine that for a full-fledged solution of this range of issues requires a comprehensive approach and the formation of an appropriate strategy, the fundamental basis of which should be the concept of ensuring the fiscal interests of the state.

scholarly journals CURRENT TRENDS IN THE DEVELOPMENT OF FOREIGN ECONOMIC ACTIVITY OF UKRAINE

2021 ◽  
Vol 1 (54) ◽  
Author(s):  
Olha K. Kotko ◽  
Keyword(s):  
Economic Development ◽  
Economic Activity ◽  
Import Substitution ◽  
Value Added ◽  
The State ◽  
Balance Of Payments ◽  
Investment Activity ◽  
Use Of Resources ◽  
Current Trends ◽  
Investment Opportunities

The article examines the directions of the country’s foreign trade balancing, taking into account the development vector of Ukraine’s investment potential. The author analyzed the balance of payments of the state and the strategy formation to reduce the balance of payments deficit and improving of the state of investment activity. Today, attention is growing to the importance not only of the country’s balance of payments, but also to the international investment position. One of the areas of government policy which can create conditions for economic development is the balance of payments and the transition to the surplus trade. That is why, in the context of internationalization of economic relations, the effective use of resources and investment potential of the country get crucial place. The main strategic goal of public policy should be the development vector of foreign economic activity of the country, with an effective policy to support domestic enterprisers, export orientation and high value-added production. The processes of economic development led to the expansion of international exchange of goods and services and as a result of the rapid growth of trade processes require the country to have strong global state, taking into account macroeconomic regulation. The previous analysis of current trends in the development of Ukraine’s foreign economic activity, including investment activity, gives grounds to assert that Ukraine is an active participant in global investment processes. The author approved that the key aspect which can change the negative trend towards the trade deficit is the country’s active export activity, import substitution of commodity positions, as well as the development of industries specializing in the production of high value-added products. Therefore, measures of state regulation direct to developing investment opportunities in Ukraine should be aimed to: analysis of the existing economy, taking into account, the foreign economic activity of the country; import substitution; domestic market development, export expansion. The article analyzes the structure of the balance of payments, the dynamics of trade turnover, investment performance and international trade. The author also proposed measures to improve the balance of payments of Ukraine by taking into account the trends of Ukraine’s foreign economic activity, increasing investment attractiveness and realizing Ukraine’s investment opportunities.

The Application of the Human Rights Act 1998 to Public Authorities and Private Bodies

1999 ◽  
Vol 58 (1) ◽  
pp. 159-170 ◽  
Author(s):  
Nicholas Bamforth
Keyword(s):  
Human Rights ◽  
Judicial Review ◽  
Public Authority ◽  
European Convention ◽  
Eu Law ◽  
Public Authorities ◽  
Public And Private ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Definition Of

THE Human Rights Act 1998 applies only to “public authorities”. This article begins by examining the Act's definition of a “public authority” and how this will interact with existing distinctions between public and private law in domestic judicial review and EU law. It is then argued that the Act may, through two different routes, have a limited horizontal impact between private bodies – although certain technical obstacles will need to be overcome. The article considers, finally, the operation between private bodies of the requirement that legislation be interpreted as far as possible in accordance with the European Convention on Human Rights.

scholarly journals FINANCIAL CONTRADICTIONS BETWEEN EMPLOYEES, OWNERS AND TOP MANAGERS OF CORPORATIONS

2021 ◽  
Author(s):  
Svetlana Yudina ◽  
Alina Kovalevskaya ◽  
Olga Matvienko
Keyword(s):  
Economic Activity ◽  
Trade Unions ◽  
Conflicts Of Interest ◽  
Value Added ◽  
The State ◽  
Main Element ◽  
Main Role ◽  
Effective Work ◽  
Personnel Costs ◽  
Top Managers

The relevance of the study is due to the fact that the current state of economic development is characterized by low wages of corporate workers, its non-compliance with labor standards, non-provision or reduction of social packages, etc., which benefits not only owners but sometimes top managers. Because an increase in employees' wages can lead to a decrease in managers' salaries and owners' profits. Therefore, the aim of the article is to further develop theoretical issues to determine the causes of conflicts of interest between employees and owners and top managers of corporations and to determine the role of the state in their elimination. The article considers the causes of financial conflicts between employees and owners, between employees and top managers who take the form of corporate conflicts. It is noted that with the formation of market economy and private ownership, the interests of the corporation's employees become the main element of the reproduction cycle, because effective work is the basis of sustainable development. The analysis of personnel costs and wages of employees by type of economic activity in Ukraine in the dynamics for 2010-2019 is carried out in tabular form. The schedule of dynamics of personnel costs and wages by types of economic activity for 2012-2019 is constructed and given and the equation of the trend is described, which describes the trends and allows to build a forecast. To identify the causes of financial conflicts, the average annual and monthly wages for 2012–2019 were calculated and compared with the value added per employee in UAH. and the dollar equivalent. A graph of the dynamics of value added per 1 employee and wages per 1 employee by type of economic activity for 2012–2019 in USD is constructed and presented. USA and the trend equation is defined. The conclusion is formulated that the main reason for financial contradictions is a significant lag in the wages of the 1st employee from value added. It is noted that in today's conditions the financial interests of employees can be protected only by the institution of independent trade unions, but this institution is only being formed in Ukraine. Therefore, the main role in protecting the economic interests of employees can be provided by the state in accordance with the implementation of the chosen socio - economic financial model. The main directions of the policy of wage regulation in Ukraine in order to eliminate corporate conflicts between employees and owners, between employees and top managers are identified.

Development of a State Tax Risk Management System

2020 ◽  
Vol 17 (6) ◽  
pp. 62-75
Author(s):  
A. V. Tikhonova
Keyword(s):  
Risk Management ◽  
General Scheme ◽  
Value Added ◽  
Comparison Method ◽  
The State ◽  
Scientific Methods ◽  
Traceability System ◽  
Road Map ◽  
State Tax ◽  
Presentation Methods

The article is devoted to the development of the concept of the state to manage its tax risks, based on a systematic approach. The author's concept presupposes the presence of the following elements logically arranged according to the principle "from the general to the particular": 1) mechanisms for managing tax risks, 2) disclosing methodological recommendations, 3) specific proposals for changing legislation. To achieve this goal, the author used general scientific methods (deduction and induction, analysis and synthesis, observation, description, generalization) and private scientific methods of cognition (comparison method, graphical and tabular data presentation methods). We have presented a brief overview of the main tax risks of the Russian Federation in the current economic environment, which are classified in four areas: 1) risks in the field of value added taxation; 2) risks in the field of taxation of profits and income; 3) risks, the source of which is Russia's membership in the Eurasian Economic Union; 4) customs risks. The author presents a general scheme of tax risk management by the state, which includes the context, goals and management strategy. The priority mechanisms for managing the tax risks of the state are formulated on the basis of the presented classification of tax risks. These areas include: introduction of an end-to-end product traceability system; substantiation of taxation methods; joint elimination of tax risks (Federal Tax Service, Federal Customs Service, Ministry of Labor, Federal Service for Financial Monitoring); optimization of tax administration costs on the part of both tax authorities and taxpayers; harmonization of indirect taxation, including duty-free trade; harmonization of international tax rules at the international level; selection of the most effective tools for eliminating multiple taxation. A draft "road map" has been developed to improve the management of state tax risks.

Blockchain technologies and their application in governmentadministration

2019 ◽  
pp. 182-190
Author(s):  
Myroslav Kosіak ◽  
Inna Kosіak
Keyword(s):  
The State ◽  
Public Authorities ◽  
Property Insurance ◽  
Data Registration ◽  
State Management ◽  
Digital World ◽  
Blockchain Technology ◽  
The Government ◽  
Historical Comparative ◽  
Methods Analytical

The purpose of the article. The article considers the Blockchain technology asan innovative tool. In particular, the essence and background of the developmentof blocks, the principles and specifics of the functioning of the system, as well asthe scheme of its work, are determined. The article presents the prospects forusingdistributed registry technologies (blockchain) in various socioeconomic spheresrelated to state administration. Provided examples and forecasts of the use ofblockchain technologies in the provision of state and municipal services forindividuals and legal entities in the following areas: formation of a unified registercontaining the history of the placement of the state, municipal order, as well asprocurement of corporations with state participation and / or control; registers ofdocuments (diplomas, certificates, lost and disavowed passports, policies for movableand immovable property insurance, health, etc.); database of court decisions andexecutive proceedings; public participation portals for citizens of Ukraine district- city – country. The fact that the blockchain technology is, first of all, theprinciples, and not the only possible way of implementing them, allows us to counton maximum openness and multivariate application in a dynamically changingchanging«digital world». Methodology. The research methodology is to use a combinationof methods: analytical, historical, comparative. The scientific novelty. The priorityof state blockchain systems introduction in stationary and distant voting, distributeddocument circulation, medical data registration, land resources registration,electronic auctions (auctions) in Ukraine was grounded. Conclusions. Already today,blockchain systems can change the role and participation of citizens in the conductof the state-management process, by raising the responsibility level, from thetransparent will expression in the elections to regulating the government serviceactivity in the society’s digitization conditions. The main advantages blockchainsystems using by public authorities that will increase the level of citizens trust todigital technologies using in general, namely: reliability and reliability of datastorage, transparency of transactions and virtually absolute protection of informationfrom distortion and unauthorized removal (relocation), are determined. In furtherscientific research it is proposed to consider the promising areas of the blockchaindigital technology usage: service activities of public authorities, legal proceedings,property rights management, implementation of migration control, verification ofgoods and services, registration of data on passing qualifying tests, patenting,intellectual property, digital identification, logistics , taxation, accounting ofbudget funds movement.

The Constitutional Principle of Accountability: A Study of Contemporary South African Case Law

2018 ◽  
Vol 33 (1) ◽  
Author(s):  
Chuks Okpaluba
Keyword(s):  
Judicial Review ◽  
Police Officers ◽  
Public Procurement ◽  
Case Law ◽  
The State ◽  
Constitutional Principle ◽  
Starting Point ◽  
The Law ◽  
Constitutional Right ◽  
The Many

‘Accountability’ is one of the democratic values entrenched in the Constitution of South Africa, 1996. It is a value recognised throughout the Constitution and imposed upon the law-making organs of state, the Executive, the Judiciary and all public functionaries. This constitutional imperative is given pride of place among the other founding values: equality before the law, the rule of law and the supremacy of the Constitution. This study therefore sets out to investigate how the courts have grappled with the interpretation and application of the principle of accountability, the starting point being the relationship between accountability and judicial review. Therefore, in the exercise of its judicial review power, a court may enquire whether the failure of a public functionary to comply with a constitutional duty of accountability renders the decision made illegal, irrational or unreasonable. One of the many facets of the principle of accountability upon which this article dwells is to ascertain how the courts have deployed that expression in making the state and its agencies liable for the delictual wrongs committed against an individual in vindication of a breach of the individual’s constitutional right in the course of performing a public duty. Here, accountability and breach of public duty; the liability of the state for detaining illegal immigrants contrary to the prescripts of the law; the vicarious liability of the state for the criminal acts of the police and other law-enforcement officers (as in police rape cases and misuse of official firearms by police officers), and the liability of the state for delictual conduct in the context of public procurement are discussed. Having carefully analysed the available case law, this article concludes that no public functionary can brush aside the duty of accountability wherever it is imposed without being in breach of a vital constitutional mandate. Further, it is the constitutional duty of the courts, when called upon, to declare such act or conduct an infringement of the Constitution.

Documents from the State Archive of the Orel Region as a Source for Studying Peasant Legal Sense in Early 20th Century

2018 ◽  
pp. 98-108
Author(s):  
Vadim V. Kulachkov ◽  
Keyword(s):  
20Th Century ◽  
Comparative Method ◽  
Arable Land ◽  
The State ◽  
Early 20Th Century ◽  
State Archive ◽  
Public Authorities ◽  
Agrarian Question ◽  
Archival Documents ◽  
Legal Sense

The article studies documents from the State Archive of the Orel Region (GAOO) as an important source for studying the sense of justice of the Oryol gubernia peasants in early 20th century. Introduction of new archival materials allows to flesh out our knowledge and to produce a true-to-life picture of the Oryol peasants’ way of life. The peasant origins of the majority of the population necessitate a comprehensive study of peasant legal consciousness. Historical legacy is pertinent to present day, and forgetting its lessons is fraught with consequences. Evolution of modern Russian statehood hedges on its historical and legal traditions. The article studies documents in the fonds of public authorities, police, gendarmerie, courts, and prosecution offices. Introduction of new materials of public authorities, police, gendarmerie, courts, and prosecution offices into the scholarship promotes the analysis of the evolution of peasant legal sense in early 20th century. The chronological framework of the article is limited to the period from 1900 to 1917, its territorial framework is limited to the Oryol gubernia in its pre-revolutionary borders. The article studies reports, dispatches, and circular letters using the comparative method. The intensification of peasant protest was incidental to the first Russian revolution of 1905-1907 – the peasants hoped to force the government to settle the agrarian question, wherein lay the crux of their interests. As peasants of the Oryol gubernia suffered from shortage of arable land, antimonarchical sentiments gained momentum and translated a growing number of trials for contempt of the Emperor. Illegal literature spreading among the peasants, further radicalized them, and the authorities grew more and more hesitant in their assessment of peasant loyalty, which is quite intelligible in the archival documents. Thus, the use of new archival documents in addition to published materials promotes the scholarship on the peasant legal sense.

A refusal to grant access to a grid within the provision of crude oil transfer services as an example of a prohibited abuse of a dominant position in the EU and Polish competition law

2018 ◽  
Vol 5 (2) ◽  
pp. 199 ◽  
Author(s):  
Wojciech Paweł SZYDŁO
Keyword(s):  
Crude Oil ◽  
Competition Law ◽  
Eu Law ◽  
The European Union ◽  
Dominant Position ◽  
Oil Companies ◽  
Effective Competition ◽  
Oil Pipelines ◽  
Transfer Services ◽  
The Eu

Aim: The paper discusses cases in which a refusal by an energy enterprise to connect other enterprises to the network is treated as a prohibited abuse of the enterprise's dominant position and, equally, will represent behavior prohibited by art. 12 of the Treaty on the Functioning of the European Union and by art. 9 par. 2 item 2 of the Competition and Consumer Protection Law as well as legal consequences of such refusal. It is important to pinpoint such cases since the EU sectoral regulation does not provide for obligating any undertakings which manage and operate oil pipelines to enter into contracts with other undertakings such as contracts on connecting into their network or contracts on providing crude oil transfer services. Conditions for accessing oil pipelines and selling their transfer capacities are determined by the owners of the networks: private oil companies in the countries across which the pipelines are routed. These conditions are not governed by the EU law.  Furthermore, the very obligation of connecting other entities to own network by energy undertakings operating in the oil transfer sector in Poland will only arise from generally applicable provisions of the Polish competition law.  Design / Research methods: The purpose of the paper has been reached by conducting a doctrinal analysis of relevant provisions of Polish and EU law and an analysis of guidelines issued by the EU governing bodies. Furthermore, the research included the functional analysis method which analyses how law works in practice. Conclusions / findings: The deliberations show that a refusal to access the network will be a manifestation of a prohibited abuse of a dominant position and will be a prohibited action always when the dominant's action is harmful in terms of the allocation effectiveness. It will be particularly harmful when delivery of goods or services objectively required for effective competition on a lower level market, a discriminatory refusal which leads to elimination of an effective competition on the consequent market, a refusal leading to unfair treatment of consumers and an unjustified refusal. Originality / value of the article: The paper discusses the prerequisites which trigger the obligation to connect entities to own network by energy undertakings operating in the oil transfer sector. The obligation has a material impact on the operations of the oil transmitting undertakings, in particular on those who dominate the market. The regulatory bodies in the competition sector may classify a refusal of access to own network by other enterprises as a prohibited abuse of the dominant position, exposing such undertakings to financial consequences.Implications of the research: The research results presented in the paper may be used in decisions issued by the President of the OCCP and in judgement of Polish civil courts and EU courts. This may cause a significant change in the approach to classifying prohibited practices to prohibited behavior which represent abuse of the dominant position. The deliberations may also prompt the Polish and EU legislator to continue works on the legislation.

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