scholarly journals LEGAL DESCRIPTION OF THE FACTORING CONTRACT IN ROMANIA

2019 ◽  
Vol 4 (5) ◽  
pp. 251
Author(s):  
Svitlana Pylypenko ◽  
Yuliia Udovenko ◽  
Vitalii Cherneha
Keyword(s):  
Legal Status ◽  
Practical Implication ◽  
Rapid Development ◽  
Legal Regulation ◽  
Entrepreneurial Activity ◽  
General Description ◽  
Commercial Activity ◽  
Domestic Legislation ◽  
Current Economic Situation ◽  
Effective Development

In light of the fact that capital is a major factor in production, the development of entrepreneurial activity becomes impossible without considering the financial market and the resources provided to its subjects. Regardless of the degree of development, any entrepreneurial activity is engaged in direct contact with financial markets, in particular through institutions that act as intermediaries in raising money and services. The development of a solid basis for doing business requires understanding the rules of functioning of the financial system and its mechanisms. Considering the current economic situation, as well as the procedure for granting loans by banks, which is gradually becoming more complicated, while the national and international markets require capital movement, factoring becomes the most accessible instrument and only source of financing, with which the latter increases concurrently with sales. Therefore, the aim of this article is to study the legal nature of the factoring contract in Romania: to identify its regulation object, functions, types, legal features, and other specificities to introduce the positive experience of foreign colleagues to the legislation of Ukraine. Methodology. It is proved that the current legislation concerning the issue of factoring in Ukraine should be improved because in our country the factoring market is still not very common in spite of its rapid development in the world. Moreover, there are no thorough studies on factoring in general and a factoring agreement in particular; some issues on this topic have been considered only in scientific articles. Therefore, the authors refer to the legislation of Romania to determine those features of legal regulation, which have contributed to the rapid and effective development of this institution in this country, and to make appropriate proposals for improving domestic legislation with the use of positive foreign experience. Results. The article suggests a general description of the factoring contract in Romania: the concept of this agreement is revealed; the object of its regulation, as well as implementation of the factoring contract, is determined; its functions and features are described; the parties to the agreement and their legal status are determined. The specificities that have contributed to the rapid enlargement of factoring in Romania are given particular consideration. Practical implication. The factoring agreement as an operating instrument for credit institutions is especially important due to its constant practical applicability that enables to choose the optimal commercial activity both at the national and international levels. Relevance/originality. In Ukraine, given the need for further development of entrepreneurial activity, the issue of increasing total factoring operations is important. The implementation of positive international experience on this issue in domestic legislation is essential for this stage.

scholarly journals State and Prospects of Using the Сryptocurrency Derivatives

2020 ◽  
pp. 60-65
Author(s):  
Oleksandr Petruk ◽  
◽  
Oksana Novak ◽  
Keyword(s):  
Legal Status ◽  
Rapid Development ◽  
Developed Countries ◽  
Legal Framework ◽  
Legal Regulation ◽  
Intangible Asset ◽  
Financial Instruments ◽  
Spot Prices ◽  
Domestic Legislation ◽  
Futures And Options

The emergence and rapid development of the cryptocurrency market necessitated its organization and legal regulation. Today in Ukraine, businesses are allowed to record cryptocurrency as a financial asset (financial instrument / intangible asset), so cryptocurrency can be used by businesses and individuals as an investment. In developed countries, where the legal framework for the operation of cryptocurrencies has been created, new derivative financial instruments are emerging: Bitcoin futures and options on Bitcoin futures. The purpose of the article is to study the features of derivative financial instruments for cryptocurrencies and prospects for their use in Ukraine. The authors analyzed the peculiarities of the functioning of Bitcoin derivatives on Chicago Mercantile Exchange (CME). It has been established that both Bitcoin futures and options on Bitcoin futures are settlement contracts without the actual delivery of the underlying asset, and their value is formed depending on the spot prices for bitcoin. According to the results of the study, it can be argued that derivatives based on cryptocurrencies (bitcoin) are used mainly for speculative purposes, are highly volatile and high risk, require significant investment to participate in trading (compared to derivatives on traditional financial instruments) and do not involve any transactions with direct cryptocurrencies. Domestic legislation does not explicitly prohibit investments in cryptocurrencies and financial instruments derived from them, but does not determine the legal status of cryptocurrencies. National financial market regulators do not provide any guidance on valuation, accounting and cryptocurrency transactions to businesses, but only warn of the high risks of investing in cryptocurrencies.

scholarly journals Legal Regulation of the Status of Subjects of Special Competence in Relation to Public Administration in the Sphere of Intellectual Property in Ukraine

2021 ◽  
Vol 9 (2) ◽  
pp. 221-236
Author(s):  
Yevhen Leheza ◽  
Yuriy Deliya ◽  
Eduard Ryzhkov ◽  
Serhii Albul ◽  
Oleksandr Shamara
Keyword(s):  
Intellectual Property ◽  
Public Administration ◽  
Legal Status ◽  
Legal Regulation ◽  
Documentary Sources ◽  
Domestic Legislation ◽  
The Status ◽  
Special Competence

Relevant issues of the administrative and legal status of subjects of special competence in relation to public administration in the field of intellectual property are considered. Main  content. A circle of specified subjects in the system of subjects of public administration is determined. The role of subjects of special competence in the fulfilment of tasks of public administration in the sphere of intellectual property is identified. Classification of subjects of special competence regarding public administration in this field is presented. Features of the administrative or legal status of each group of subjects of special competence in relation to public administration in the field of intellectual property are analyzed. Specifics of the influence of these subjects on legal relations arising in the sphere of intellectual property are characterized. Materials and methods research based on the analysis of documentary sources. the  basis  is  the  dialectical  method  of  cognition  of  the  facts  of  social  reality,  on  which  the  formal legal and comparative legal approaches are largely based. Conclusions are drawn about the place of subjects of special competence in relation to public administration in the field of intellectual property among other subjects. Proposals on the necessity to improve current domestic legislation in the sphere of intellectual property are formulated.Keywords: Public administration; Intellectual property; Legal regulation; Relation; Sphere; Subjects of special competence Peraturan hukum status subjek kompetensi khusus dalam kaitannya dengan administrasi publik di bidang kekayaan intelektual di Ukraina  Abstrak.Masalah yang relevan dari status administrasi dan hukum mata pelajaran kompetensi khusus dalam kaitannya dengan administrasi publik di bidang kekayaan intelektual dipertimbangkan. Isi utama. Lingkaran mata pelajaran tertentu dalam sistem mata pelajaran administrasi publik ditentukan. Peran mata pelajaran kompetensi khusus dalam pemenuhan tugas administrasi publik di bidang kekayaan intelektual diidentifikasi. Klasifikasi mata pelajaran kompetensi khusus tentang administrasi publik di bidang ini disajikan. Fitur status administrasi atau hukum dari setiap kelompok mata pelajaran kompetensi khusus dalam kaitannya dengan administrasi publik di bidang kekayaan intelektual dianalisis. Spesifik pengaruh subjek ini pada hubungan hukum yang timbul di bidang kekayaan intelektual dicirikan. Bahan dan metode penelitian berdasarkan analisis sumber dokumenter. Basisnya adalah metode kognisi dialektis atas fakta-fakta realitas sosial, yang menjadi dasar sebagian besar pendekatan hukum formal dan hukum komparatif. Kesimpulan diambil tentang tempat mata pelajaran kompetensi khusus dalam kaitannya dengan administrasi publik di bidang kekayaan intelektual antara mata pelajaran lainnya. Proposal tentang perlunya meningkatkan undang-undang domestik saat ini di bidang kekayaan intelektual dirumuskan.Kata kunci: Administrasi publik, Kekayaan intelektual, Regulasi hukum, Hubungan, Lingkungan, Mata pelajaran kompetensi khusus Правовое регулирование статуса субъектов особой компетенции в отношении государственного управления в сфере интеллектуальной собственности в УкраинеАннотация Рассмотрены актуальные вопросы административно-правового статуса субъектов особой компетенции применительно к государственному управлению в сфере интеллектуальной собственности. Основное содержание. Определен круг указанных субъектов в системе субъектов государственного управления. Выявлена роль субъектов специальной компетенции в выполнении задач государственного управления в сфере интеллектуальной собственности. Представлена классификация предметов особой компетенции государственного управления в этой области. Анализируются особенности административно-правового статуса каждой группы субъектов особой компетенции применительно к государственному управлению в сфере интеллектуальной собственности. Охарактеризована специфика влияния этих субъектов на правоотношения, возникающие в сфере интеллектуальной собственности. Материалы и методы исследования на основе анализа документальных источников. в основе лежит диалектический метод познания фактов социальной действительности, на котором в значительной степени базируются формально-правовой и сравнительно-правовой подходы. Сделаны выводы о месте субъектов особой компетенции по отношению к государственному управлению в сфере интеллектуальной собственности среди других субъектов. Сформулированы предложения о необходимости совершенствования действующего украинского законодательства в области интеллектуальной собственности.Ключевые слова: Государственное управление, Интеллектуальная собственность, Правовое регулирование, Отношения, Сфера, Субъекты особой компетенции.

scholarly journals ON THE CORRELATION OF ADVOCACY AND ENTREPRENEURSHIP

2021 ◽  
Vol 77 (4) ◽  
pp. 93-100
Author(s):  
Andrii Lapkin ◽  
Keyword(s):  
Legal Status ◽  
Entrepreneurial Activity ◽  
Scientific Article ◽  
Professional Activities ◽  
Tax Legislation ◽  
Domestic Legislation ◽  
Advocacy Activity ◽  
The Subject ◽  
Taxation System

The relevance of the topic of the scientific article is due to the development of the institution of the bar in Ukraine, in the process of which the issue arises about correlation between advocacy and entrepreneurship. This problem is not only theoretical, but also practical, since the determination of the legal status of an advocate as a subject of advocacy, as well as the taxation of this activity, depend on its solution. The purpose of the scientific article is to determine correlation of advocacy to entrepreneurial activity, as well as to resolve the issue of the possibility of combining these types of activities by an advocate. This problem is considered in two aspects: the possibility of a person combining advocacy activities with entrepreneurial activity and the possibility of carrying out entrepreneurial activity within the framework of advocacy activity. Based on the analysis of theoretical works and domestic legislation, it was concluded that the conduct of advocacy is compatible with any type of entrepreneurial activity. At the same time, Ukrainian law does not consider advocacy as an enterprise. The issue of taxation of advocacy is being considered. On the basis of tax legislation, it was concluded that advocates are considered to carry out independent professional activities, which excludes the application of a simplified tax system to them. The compliance of advocacy activity with the criteria of entrepreneurship was analyzed. The possibility of attributing advocacy to the types of entrepreneurial activity with preservation of specific tasks, guarantees and other features of advocacy activity is justified. This creates the basis for the possibility of taxing advocacy under in a simplified system. The delimitation of advocacy and entrepreneurial activity could remain only the subject of theoretical discussions, if not applied to the measurement of this problem relating to the approach to taxation of such activities. Consideration of advocacy as an entrepreneurial is more advantageous for lawyers, since it allows a simplified taxation system.

scholarly journals Structure and content of administrative and legal status of the subjects counteracting offenses in the field of entrepreneurial activity

2018 ◽  
Vol 70 (3) ◽  
pp. 10-15
Author(s):  
V. M. Vasyliev
Keyword(s):  
Local Governments ◽  
Legal Status ◽  
Entrepreneurial Activity ◽  
State Agencies ◽  
Commercial Activity ◽  
Control Activity ◽  
Theoretical Approaches ◽  
National Bank ◽  
The Subject ◽  
Ministry Of Finance

Theoretical approaches to the definitions of “legal status”, “administrative and legal status” have been established. The elements of administrative and legal status of the subject counteracting offense in the sphere of entrepreneurial activity have been determined and analyzed. The main powers of the state agencies that accomplish control activity over the subjects of entrepreneurial activity have been characterized. The notion of a subject of an offense in the sphere of entrepreneurship has been defined: a system of state and non-state agencies, public organizations, social groups and citizens whose activities are focused on eliminating the causes and conditions that give rise to and provoke offenses in the sphere of economic commercial activity (entrepreneurship), preventing these offenses at different stages of incorrect behavior of the participants of relations in the field of entrepreneurship, as well as bringing them to legal liability. Besides, the above subjects have been systematized in this study and their range has been determined. The main ones have been highlighted: the President of Ukraine, Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine; local governments; Ministry of Finance of Ukraine; Ministry of Economic Development and Trade of Ukraine; State Fiscal Service and its structural units (except customs control at the border); State Inspectorate of Ukraine; National Bank of Ukraine; revenue and fees authorities of Ukraine. The author has defined a special group of subjects, those who have administrative and jurisdictional powers.

scholarly journals The Moral and Legal Status of Artificial Intelligence (Present Dilemmas and Future Challenges)

2021 ◽  
Vol 1 (1) ◽  
pp. 29-36
Author(s):  
Igor Milinkovic
Keyword(s):  
Artificial Intelligence ◽  
Moral Status ◽  
Legal Status ◽  
Rapid Development ◽  
Legal Regulation ◽  
Human Beings ◽  
Autonomous Action ◽  
Legal Personhood ◽  
Legal Subjectivity ◽  
Future Challenges

Abstract The rapid development of artificial intelligence (AI) systems raises dilemmas regarding their moral and legal status. Can artificial intelligence possess moral status (significance)? And under what conditions? Can one speak of the dignity of artificial intelligence as the basis of its moral status? According to some authors, if there are entities who have the capacities on which the dignity of human beings is based, they would also possess intrinsic dignity. If dignity is not an exclusive feature of human beings, such status also could be recognised by artificial intelligence entities. The first part of the paper deals with the problem of moral status of artificial intelligence and the conditions that must be fulfilled for such a status to be recognised. A precondition for the existence of moral status of artificial intelligence is its ability to make autonomous decisions. This part of the paper considers whether developing autonomous AI is justified, or, as some authors suggest, the creation of AI agents capable of autonomous action should be avoided. The recognition of the moral status of artificial intelligence would reflect on its legal status. The second part of the paper deals with the question of justifiability of ascribing legal personhood to the AI agents. Under what conditions would recognition of legal personhood by the artificial intelligence be justified and should its legal subjectivity be recognised in full scope or only partially (by ascribing to the AI agents a “halfway-status,” as some authors suggest)? The current state of the legal regulation of artificial intelligence will be observed as well.

scholarly journals The article is devoted to the study of the legal status of cryptocurrency in Ukraine and its taxation

2020 ◽  
pp. 45-49
Author(s):  
O.M. Reznik ◽  
M.O. Krasilyuk
Keyword(s):  
Legal Status ◽  
Low Cost ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The State ◽  
State Budget ◽  
Virtual Currency ◽  
Current Economic Situation ◽  
The Moment ◽  
Definition Of

Despite the lack of legal regulation of cryptocurrency, its spread is significant and cannot be stopped. However, we consider it necessary to emphasize that the legislative vacuum is the basis for offenses and a significant delay in the economic and legal development of the state. It is impossible to build a strong economy and promote business development, trying to avoid the “problematic” issues facing the state. The term “cryptocurrency” does not have a single definition, and some of the scientists refer to it as digital money (currency), some – to virtual currency. However, there are features that distinguish cryptocurrency from other virtual currencies, including: valuation, structure, anonymity, transparency, transaction execution, legal aspects. Therefore, the advantages of using cryptocurrency include: decentralization, inability to fake, deflation, low cost of maintenance, etc. It should be noted that at the moment there is no clear tax algorithm that will work for every country without exception. Given the economic, social, legislative and cultural characteristics of states, the definition of the legal status of cryptocurrency is different. In Ukraine, proper taxation of cryptocurrency cannot be implemented without defining the legal status at the legislative level, which is why it is one of the first steps of the state in the given direction. Considering the fact that additional funds for the state budget, and especially in the current economic situation, are never unnecessary and can be efficiently spent on expenditures in different spheres, the issue of taxation of cryptocurrency has become quite acute today as a way of attracting additional funds for the state. ensuring that it fulfills its tasks and functions.

scholarly journals Legal Regulation Prospects in the Context of the Hypothesis of Technology Development of Transhumanism

2019 ◽  
Vol 1 (85) ◽  
pp. 115-127
Author(s):  
М. В. Карчевський
Keyword(s):  
Legal Status ◽  
Technology Development ◽  
Relevant Information ◽  
Legal Regulation ◽  
Significant Activity ◽  
Use Of Technology ◽  
The Law ◽  
Informational Environment ◽  
Effective Development ◽  
The Right

Dangerous forecasts of technology development require an analysis of the prospects for legal regulation in this area. With the help of the method "task-method-provision", legal regulation perspective tasks are formulated in the context of the hypothesis of the technology transhumanism development.The development of technologies cannot be banned. Despite the risk of danger, the absolute prohibition of the transhumanism development technologies is impossible. The law should provide incentives for the socially effective use of technology and minimization of the risks of technology abuse. A separate task of legal regulation should be limiting the destructive effects of global corporations.Legal regulation should ensure the maximum diversification of technological decisions. Technology should not be limited, but on the contrary become as diverse as possible. If the law is to create conditions / requirements to create as many different technology solutions as possible, this will effectively prevent the development of negative impacts. For example, well-known negative scenarios for the implantation epidemic (inflicting harm to mankind due to a violation of the work of all implanted devices) or "black mucus" (destroying planetary biomass by nanobots implementing the program of self-reproduction) will simply be impossible, due to the guaranteed availability of alternative technical solutions.The solution of the problems of the implementation of morphological and reproductive freedom and the legal status of a physical person whose ability is reinforced with the help of transhumanism technologies will be required. Hypothetically, these problems do not seem complicated. The first is solved by finding a balance between the realization of the right of a particular person and the need to ensure overall security, stability and development. The second one is realized by adding certain aggravating or mitigating circumstances, restrictions on the occupation of certain positions, accomplishment of work, etc.So far as monitoring the development and use of certain technologies will require an effective monitoring system, the analysis of legally relevant information will be much more complex and will require fundamentally new professional competencies. The traditional division of tasks between lawyers and specialists will be extremely ineffective. There will be convergence of legal and technical sciences. The solution of the question of the definition and development of new types of legal professions will be required. In this case, the wording of new laws should be made technologically neutral. It is this approach that will ensure the necessary stability of legal regulation in the conditions of rapid changes in technological reality.The significance of the global problem becomes a matter of legal safeguards for the effective development of the informational environment. Huge amounts of information accumulated by humanity in the process of life will obviously require new legal mechanisms. Existing rights to ownership of information and intellectual property rights are likely to be supplemented by new institutions resembling the right to use subsoil and the right to archaeological activity. The set of these issues should be considered as the establishment of a coordinate system for the future legal assessment of both artificial intelligence and technologically advanced people, since it is precisely in this area that the overwhelming part of their socially significant activity will take place.

scholarly journals LEGAL REGULATION OF CESSATION OF A NATURAL PERSON-ENTREPRENEUR: CONCEPTUAL AND TERMINOLOGICAL PROBLEMS

2021 ◽  
pp. 63-69
Author(s):  
P. Povar ◽  
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Entrepreneurial Activity ◽  
Economic Entity ◽  
Natural Person ◽  
Legal Nature ◽  
The Status ◽  
State Registration ◽  
Structural Connection ◽  
Structural Methods

An important element of the legal status of a natural person-entrepreneur is the conditions for depriving him of the entrepreneur status. The purpose of the article is to determine the scope and content of the conceptual and terminological apparatus of legal regulation of a natural person-entrepreneur cessation, development of theoretical provisions and proposals for improving legislation and law enforcement practice. The research methodology is based on the application of historical, systemic, structural methods, methods of analysis, synthesis and other formal-logical procedures. As a result of the study of the historical formation of Ukrainian legislation, a logical series of development of the conceptual and terminological apparatus of legislative acts is defined and highlighted. The necessity of enshrining in the codified act in the field of entrepreneurship general provisions on deprivation of the status of an entrepreneur by an individual, including the use of appropriate terminology and concepts, is substantiated. Proposals have been formulated to supplement The Commercial Code of Ukraine with a norm on the loss of the entrepreneurial status by an individual. The distinction is made and the relations between the concepts of "termination of the natural person-entrepreneurial activity", "deprivation of a natural person of the entrepreneur status", "cessation of a natural person-entrepreneur", "cessation of the economic entity" are established. The provisions on the legal nature of the fact of termination of entrepreneurial activity and the fact of deprivation of a natural person of the status of an entrepreneur have been studied and formulated. The shortcomings of the norms of the current legislation, which do not differentiate the grounds for termination of activity of different legal nature, have been identified and substantiated. It is proposed to replace the term "state registration of cessation of natural person – entrepreneur activity" with the term "state registration of deprivation a natural person of the entrepreneurial status" and make appropriate changes in the legislation of Ukraine. In the conclusion the inexpediency of using the term "liquidation" in relation to a natural person-entrepreneur is substantiated. The definition of the concept of "cessation of a natural person-entrepreneur" is formulated. The possibility of using the concept of " deprivation of a natural person of the status of an entrepreneur" in the narrow and broad sense is outlined. Provisions are formulated for the structural connection between the basic concepts of cessation of economic entities.

scholarly journals Work of science as an object of Russian copyright law

2021 ◽  
Vol 39 (3) ◽  
pp. 94-102
Author(s):  
E. N. Agibalova ◽  
◽  
M. A. Naumov ◽  
Keyword(s):  
Legal Status ◽  
Scientific Work ◽  
Legal Regulation ◽  
Scientific Activity ◽  
Copyright Law ◽  
Scientific Development ◽  
Legal Method ◽  
Domestic Legislation ◽  
The Status ◽  
Definition Of

The study examines the category "work of science", identifies the features of a scientific work that determine its protection as an object of domestic copyright law. Due to the facts that scientific development is an important strategic priority of state policy, and scientific activity in Russia is characterized by a large volume of inter-branch legal regulation, the absence of a legal definition of the concept of a work of science in domestic legislation is an omission of the legislator, giving rise to an incorrect doctrinal interpretation of this fundamental category. Based on the analysis of existing legal researches and the formal legal method, it has been established that the characteristics of scientific works as objects of copyright law allow differentiating their legal status from the status of works of literature and art. As a result, the authors have identified the mandatory and optional features of a scientific work, and proposed to amend the law the definition of a work of science, that will reflect all the features of its legal content

scholarly journals Features of copyright protection of some specific works of contemporary art

2021 ◽  
pp. 36-42
Author(s):  
Olha Ulitina
Keyword(s):  
Contemporary Art ◽  
Copyright Protection ◽  
Legal Status ◽  
Rapid Development ◽  
Great Influence ◽  
Legal Protection ◽  
Legal Regulation ◽  
The Internet ◽  
Modern Culture ◽  
Talented People

Ulitina O. Features of copyright protection of some specific works of contemporary art. The article is devoted to the legal protection issues of the atypical objects of copyright, which belong to modern arts. The place and role of such objects in the system of copyright objects are defined. Based on the study of doctrinal provisionson such atypical objects, their differences from traditional objects of copyright are determined. In article it is also indicated how the place of such objects in the system of contemporary art influences it.An analysis of the Ukrainian legislation and the foreign countries legislation in this area was made, and it allowed to identify such atypical objects in the system of modern art works and in the system of copyright objects.Contemporary art is interesting and complex phenomenon, which is characterized by the great influence of technology, rapid development and large profits. Today, as never before, we can say that creativity can benefit its creator, and art is becoming more accessible to anyone who wants to create something.New platforms for creativity often appear. Frequently they are free of charge, and help new authors to gain an audience and become popular. This process can be observed in almost all creative fields. That has given the impetus to the rapid development and rise of all manifestations of art.Of course, the Internet influences thisprocess the most. The Internet provides access to great opportunities for creating works and promoting them among content consumers. The Internet quickly makes talented people rich and popular, but it also quickly makes people forget about yesterday's idols.However, such processes are beneficial for the art development and modern culture strengthening. They lead to the new arts emergence and to the development of culture and creativity in general, as well as attract funds to the creative industries.This situation leads to the emergence of new atypical copyright objects, which remain outside the legal regulation, and sometimes are found on the verge of infringement of copyright and related rights.Due to the opportunities created by technological and technical development, creativity becomes more accessible, art becomes the prerogative not only of professional artists, but of ordinary talented people. This leads to the emergence of new interesting types of works, the legal status of which is sometimes quite difficult to determine. So the article is dedicated to the issues of legal regulating of this new atypical copyright objects.Key words: copyright, untypical objects, copyright protection

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