scholarly journals ILLEGALLY-OBTAINED INCOME AS A STRUCTURAL COMPONENT OF SHADOW PROCESSES IN THE ECONOMY

2019 ◽  
Vol 4 (5) ◽  
pp. 26
Author(s):  
Natalija Berlach ◽  
Oleksandr Kulyk ◽  
Sergii Losych
Keyword(s):  
Public Relations ◽  
Economic Activity ◽  
Structural Component ◽  
Well Being ◽  
Legal Framework ◽  
The State ◽  
Common Denominator ◽  
The European Union ◽  
Human Welfare ◽  
Legal Method

The study of shadowing processes in the economy is an integral part of the methodological knowledge, aimed at forming the security environment of the world community, its development on the way to overcoming crisis situations in the economy, politics, and society. This being said, it is difficult to overestimate the role of the state in determining appropriate approaches to assessing the results of such activities, justifying the selection of certain current methods of influencing public relations in the economic field in order to ensure their functioning within the legal framework. Drawing empirical conclusions and recommendations in this article are aimed at substantiating the links between the result of economic activity and economic activity as such, which determines the characteristics of welfare and well-being of a person, his/her enrichment. Thus, the formation of a cognitive social link between human welfare, emotional factors, and the economic crisis situation in the state has a common denominator, which makes it possible to assess the level of economic development of the country as a whole, to identify processes of shadowing of the economy, provided that illegally-obtained income is determined in its structure. Coming up with “regulatory filters” that allow synthesizing the object (illegally-obtained income), at which measures for detecting and transforming it into the legal economic field are aimed, it is possible to achieve a real result in counteracting the shadowing of national economies. Certain measures currently being taken at the level of national legal systems in this area should be compatible with those adopted by the European Union and, at least, as stringent as other measures applied at the international level. The specified determines the necessity to search for optimal ways of defining the concept of illegally obtained income, its place and role as a structural component of shadow processes in the economy. Methodology. The solution to the set goal is realized using the cognitive potential of the system of philosophical, general scientific and special methods. Analysis and synthesis allowed identifying the signs of illegal income, the shadowing of the economy, counteracting the shadow economy, and forming the last concept. Methods of grammatical review and interpretation of legal norms contributed to identifying gaps and other shortcomings of legislation on problems of ensuring counteraction to the legalization (laundering) of illegally-obtained income, developing proposals for its improvement, in particular, regarding the specifics of defining the meaning of the concept of “illegally obtained income” in domestic legal framework, the relationship of this concept with other economic and legal concepts. The comparative legal method allowed determining the development directions for domestic normative acts in order to bring them in line with the generally accepted European standards.

SHORTCOMINGS OF COMMONLY USED METHODS OF MEASURING THE ECONOMIC ACTIVITY OF THE COUNTRY

2021 ◽  
Vol 9 (1) ◽  
pp. 101-111
Author(s):  
Łukasz Wojciechowski ◽  
Tomasz Wołowiec
Keyword(s):  
Economic Growth ◽  
Gross Domestic Product ◽  
Economic Activity ◽  
Well Being ◽  
The State ◽  
Point Of View ◽  
Level Of Education ◽  
State And Society ◽  
State Of The Environment

The article analyzes the flaws of the classical measures of economic growth. It is based on the assumption that, while not questioning the quality of the GDP indicator as a tool for measuring economic activity, it points out that the way this indicator is constructed influences the actions of governments, citizens and other actors, affecting also non-productive areas. What we measure affects what we do - if production is measured, then the criterion determining the success of the state and society will be the growth of production, and not the level of education, health or state of the environment. Gross domestic product in many cases includes production that, from the point of view of the community, indicates unfavorable processes. These are the so-called anti-goods, i.e., phenomena that increase GDP, although they worsen well-being and are socially undesirable).

RISK MANAGEMENT SYSTEM IN THE CUSTOMS POLICY MECHANISM

2020 ◽  
Vol 13 (2) ◽  
pp. 51-57
Author(s):  
V.N. Glaz ◽  
◽  
V.I. Berezhnoy ◽  
T.G. Martseva ◽  
E.V. Berezhnaya ◽  
...  
Keyword(s):  
Public Relations ◽  
Economic Activity ◽  
The State ◽  
The Other ◽  
State Control ◽  
Economic Interests ◽  
Economic Relations ◽  
International Economic Relations ◽  
Common Interests ◽  
The One

The mechanism of public policy in the regulation of public relations is built on the skillful combination of prohibitions of restrictions on the one hand, and laxity and opportunities on the other. But weakening state control may increase the level of risk to relationships. This is most clearly evident in international economic relations, where not only individual States that assume responsibility by becoming parties to conventions, agreements and treaties, but also individuals and entities that do not always support the policy of the State in the practice of implementing signed contracts, are parties. Russia pays special attention to a reasonable combination of the country’s economic interests and common interests within the framework of integration associations. The Russian customs authorities, represented by the Federal Customs Service, are one of the agents of state policy in this regard. The purpose of the activity is not only to administer the revenues from foreign economic activity to the budget, but also to protect the economic interests of the state, the participants of the foreign economic activity, professional intermediaries and individual consumers. Therefore, the development of a comprehensive policy of monitoring and assessment of customs risks will reduce the efforts of customs authorities to prevent possible offenses, and thus protect the interests of participants in foreign trade at any level.

Biomedical Cognitive Enhancements: Coercion, Competition and Inducements

2015 ◽  
Vol 9 (1) ◽  
pp. 69-89
Author(s):  
Ori Lev
Keyword(s):  
Personal Autonomy ◽  
Well Being ◽  
Legal Framework ◽  
The State ◽  
Competitive Pressure ◽  
Ongoing Debate ◽  
Biomedical Enhancement

Abstract There is an ongoing debate over the ethical permissibility of using biomedical enhancement interventions. This debate has generated a variety of concerns; one worry that stands out in this regard is the question of coercion. Curiously, although pointed out by many, this concern has not received close scrutiny. The aim of this paper is to begin addressing this conceptual gap. In order to explore this concern, I employ Alan Wertheimer’s understanding of coercion. According to Wertheimer’s account coercion involves a wrongful threat in which one has little choice but to succumb. Moreover, the wrongfulness of the threat stems from the fact that it violates the coercee’s rights. I suggest that if one accepts this account, it follows that coercing people to enhance would be impermissible. Using this framework, the paper assesses the claim that competition over jobs, goods, and positions coerces people to enhance. I argue, however, that competition pursued within a proper legal framework cannot be coercive since it neither involves a wrongful threat nor violates a person’s rights. Nonetheless, I propose that although competition is not coercive, enhancing because of competitive pressure can be morally problematic as it could restrict personal autonomy and harm well-being. The paper explores strategies the State could devise in order to address both these concerns. The paper then examines whether there are noncoercive permissible ways to induce people to cognitively enhance. Using a number of hypothetical cases, I delineate criteria that could be used to determine whether a particular enhancement should be considered mandatory or otherwise encouraged. Specifically, I consider the circumstances under which it would be justified to use incentives and penalties in order to induce people to enhance.

scholarly journals CHILD'S HEALTH CARE: LEGAL FRAMEWORK AND ONGOING CHALLENGES

2020 ◽  
Vol 73 (12) ◽  
pp. 2789-2794
Author(s):  
Oleksandr V. Petryshyn ◽  
Marianna I. Liubchenko ◽  
Oleksii O. Liubchenko
Keyword(s):  
Health Care ◽  
Human Rights ◽  
International Law ◽  
Well Being ◽  
Children's Rights ◽  
Legal Framework ◽  
Private Life ◽  
Children’S Rights ◽  
Dialectical Approach ◽  
Legal Method

The aim: Is to analyze the development of the modern legal framework for child's health care, to clarify the benefits of a human rights-based approach, which is now is mainstreaming for understanding the right of children to health and means of its protection. Materials and methods: To achieve this goal, as well as taking into account the specifics of the topic, the following research methods became relevant: the application of a dialectical approach and historical method made it possible to understand the patterns of formation and development of ideas of children's rights and health within the international community and national states; formal-legal method was used when studying legal texts (international law acts, both of universal and regional level, interpretation and clarification of human rights treaty bodies, expert reports and research, case law), and comparative-legal was used to compare different approaches on health protection in various international human rights mechanisms (US Supreme Court, Council of Europe). Conclusions: Today, perceptions of children's rights at the doctrinal and jurisprudential levels are quite developed due to a broad understanding and openness to progressive interpretation. In particular, the inclusion into the legal context such determinants as the inviolability of the dignity and private life of the child, proper understanding of the stages of adulthood, and an assessment of the child's developmental environment has made modern international law and national legal systems to become more viable in sense of protection of child's well-being in today's world.

scholarly journals Zmiany organizacyjno-prawne przedsiębiorstwa państwowego w okresie Polskiej Rzeczypospolitej Ludowej

2021 ◽  
Vol 43 (4) ◽  
pp. 117-124
Author(s):  
Daria Kostecka-Jurczyk
Keyword(s):  
Economic Activity ◽  
The State ◽  
State Sector ◽  
Authoritarian State ◽  
Legal Structure ◽  
Strong State ◽  
State Supervision ◽  
Legal Method ◽  
Operational Activities ◽  
Activity State

In Poland, during the People’s Republic of Poland, the policy of central management of the economy was based on the principles of unity of state power and unity of state property. They constituted the foundation of the state sector and the state economic activity. State-owned enterprises, strongly subordinated to public administration bodies, were the leading form of economic activity. The authoritarian state controlled not only the process of enterprise creation, liquidation and supervision, but also the enterprises’ operational activities. Strong state supervision and lack of responsibility for financial results were the main reasons for their low profitability, which in turn brought about attempts to reform the legal structure of the state-owned enterprises. The aim of the article is to show the legal and organizational changes in state-owned enterprises that are to produce an increase in economic efficiency. Based on the historical-legal method and the grammatical interpretation of the law, it was shown that the reforms undertaken in the field of the organization of state-owned enterprises were not effective.

scholarly journals Legal Framework for Regulating Physical Education and Sports in Kuzbass (1985–2008)

2020 ◽  
Vol 2020 (2) ◽  
pp. 161-167
Author(s):  
Vladimir Kazmin ◽  
Margarita Kazmina ◽  
Evgeniya Yuzupkina
Keyword(s):  
Soviet Union ◽  
Physical Education ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Transitional Period ◽  
Soviet Period ◽  
Legal Norms ◽  
Legal Method ◽  
Wide Range

The paper features legislative regulation of physical education and sports in different historical periods. The research objective was to describe the legal framework of the Soviet and post-Soviet periods in order to use the experience in modern conditions. The study was based on the following scientific principles and methods. The principle of scientific research made it possible to use of a wide range of published and unpublished archival documents and scientific sources. The principle of historicism allowed the authors to identify the state of legal regulation in various historical epochs, as well as the nature of the changes they underwent. The comparative legal method helped identify the nature of the legal framework, its content in the Soviet period, and the qualitative changes that occurred after the collapse of the Soviet Union. As a result, the authors identified a number of stages in the development of the legal framework in question. The period of the Soviet legal norms lasted from the mid 1980s to early 1990s. During the transitional period of the 1990s, Russia was actively searching for legal regulation: the basic legislation was adopted in 1993, and the Law itself entered into force in 1999. The third period began when the state law on physical education and sport was adopted in 2008. Soon after that, a similar document was released in Kuzbass. In this regard, the development of sports law is a system of legal norms that regulate relations in the field of physical education and sports at the Federal and regional levels. The results of the research can be used in the development of the regulatory framework by Federal and regional legislative bodies, the scientific community, and lawyers involved in sports and physical education law.

scholarly journals An essence of the security in context of constitutional legal dimension

2021 ◽  
pp. 544-553
Author(s):  
Pylyp Demchenko
Keyword(s):  
Public Relations ◽  
National Security ◽  
Legal Framework ◽  
Legal Aspects ◽  
The State ◽  
Modern World ◽  
Main Role ◽  
Human Society ◽  
Primary Role ◽  
Characteristic Features

Introduction. This article is devoted to the study of the phenomenon of the security within the framework of its understanding in the constitutional legal sphere of national legal science. The need to conduct this study is based on the relevance of the search for promising directions in ensuring the safety of human, society, and the state in a rapidly changing modern world, within the framework of which the main role is assigned to its legal foundations, in which the provisions of the norms of the Constitution of Ukraine play a primary role Purpose and objectives of the study. The main purpose of the article is to consider the concept of security in the framework of the basic legal and constitutional legal category on an analysis of the articles of the Constitution of Ukraine and normative legal aspects (in case of basics of The National Security Act 2018 and The Strategy of the National Security 2020), which enshrine the essence and foundations of ensuring of the security in Ukraine, and also presents the main doctrinal approaches to defining security in the framework of constitutional and legal researches. Research methods. The research carried out in the article is based on the assessment of generally accepted approaches to defining the characteristic features of security as a phenomenon of public relations, assessing the main challenges and threats to the existence of a human, society, and the state in Ukraine at the present stage of their development, analyzing the legal framework for ensuring of security in Ukraine, as well as understanding of security as a constitutional legal category. Research conclusions. As a result of the study, the idea is given that security is a complex and multi-vector category, the nature of which depends on the definition of the scope of its implementation and provision. The legal component is the basis for ensuring of national security as the main way to ensure the security of a human, society, state in Ukraine, which is implemented within the framework of the provisions of the Constitution of Ukraine and special legislation. As part of the study of constitutional and legal approaches to defining national security as a broad category, it is necessary to single out its special component subspecies - constitutional security, which serves as the basis for the protection and stability of the development of constitutional legal institutions and constitutionalism in Ukraine.

Public legal means of investment of small and medium innovative entrepreneurship in the European Union

2020 ◽  
pp. 7-13
Author(s):  
Yurii Zhornokui
Keyword(s):  
Social Relations ◽  
Small And Medium Enterprises ◽  
Well Being ◽  
The State ◽  
Innovation Activity ◽  
Main Body ◽  
The European Union ◽  
Development Fund ◽  
Current State ◽  
The Eu

Problem setting. The development of social relations, the economic well-being of the population and the stable social structure of any state in the present circumstances are conditioned by a series of factors, one of which is the development of innovative infrastructure. One of the most important directions of development of the economic sector of our country was the formation of an innovative model of the economy, which puts to law the new tasks of clarifying the purpose and social value of law as a regulator of social relations. Analysis of recent researches and publications. The current state of the study of the selected issues indicates that the sources from which public-law organizations are investing innovative activities of small and medium-sized innovative entrepreneurship in the EU are insufficient. At the same time, the state policy of the EU countries in the scientific and technical sphere is realized through the use of various instruments, which include: legislation, tax policy, size and nature of the allocation of budget funds, including for the implementation of works in priority areas, the formation and maintenance of infrastructure, personnel, etc. Target of research is to identify the public and legal means of investing small and medium innovative entrepreneurship in the EU. Article’s main body. In the EU, the innovative component of public policy encompasses the scope of national scientific institutions (institutes, research centers, university laboratories, etc.). There are government programs that receive partial funding from the state budget. The state is guided by different criterias when deciding on the financing of specific works. First, the prospect of each specific direction is evaluated from the point of view of preserving the country’s achieved position on the world market in the future. Second, the recognition at the governmental level of innovation as a vital factor of economic development, the conduct of a broad government company on the problems of innovation. The current state of regulatory support suggests that structural funds such as the European Regional Development Fund and the European Social Fund should be considered as the main public sources of investment for innovative enterprises. In particular, such funds are implementing EIC Pathfinder Pilot, FET Innovation Launchpad, EIC Transition to Innovation Activity, EIC Accelerator, Programme for the Competitiveness of Enterprises and Small and Medium-sized Enterprises (COSME) etc. Conclusions and prospects for the development. In the EU, the investment of small and medium enterprises is not homogeneous, but a large part of them, despite the large number of investment support tools for such companies, face significant challenges in accessing investment resources. Developing a successful pan-European policy requires an indepth understanding of the problems and specifics of financing the innovation activities of small and medium innovative enterprises in EU Member States.

MEDICAL LAW IN UKRAINE: PROBLEMS AND PROSPECTS OF DEVELOPMENT

2018 ◽  
Author(s):  
Irina Sukhodubova ◽  
◽  
Veronika Irzhavska ◽  
Keyword(s):  
Health Care ◽  
Public Relations ◽  
Health Care System ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Medical Law ◽  
Legal Norms ◽  
Separate Branch ◽  
Care System

The article considers the issue of branch affiliation of medical law. In particular, numerous studies conducted by recognized experts and scientists on the independence of the field of medical law are analyzed. The relevance of the allocation of medical law in a separate branch of law of Ukraine is highlighted. Since the sectoral affiliation of medical law remains uncertain, this indicates the relevance, feasibility and necessity of a comprehensive study of the sectoral affiliation of medical law of Ukraine. In general, it is determined that medical law is a complex branch of law that includes a set of legal norms that regulate public relations in the health care system. The review of literature sources summarizes the state of the legal framework for the regulation of medical activities in Ukraine. When considering various sources and scientific works, the state of the regulatory framework for the regulation of medical activities and the health care system in Ukraine is summarized. The relevance of the allocation of medical law in a separate branch of law of Ukraine is highlighted. For this purpose, state bodies face the task of creating a separate complex branch of medical law. And before scientists - the development of medical jurisprudence as a separate branch of legal science. It can be concluded that such a document as the Medical Code of Ukraine is one of the tools for implementing the state health policy. Methods of improving and overcoming problematic situations in the system of legal regulation of health care are considered. The general provisions of the Medical Code are defined and the important features which should be contained in the corresponding codified act are specified. It is noted that the creation and adoption of an appropriate code will contribute to the quality and effective legal regulation of legal relations in the field of health care, as well as in the field of medical care, should become a reliable foundation of medical law.

PUBLIC-PRIVATE LEGAL RELATIONS IN THE AUTOMOTIVE INDUSTRY OF KAZAKHSTAN AND RUSSIA: COOPERATION AND INTERACTION OF THEIR AUTOMOBILE FACTORIES IN THE SPHERE OF FOREIGN ECONOMIC ACTIVITY DURING THE RECOVERY PERIOD

2020 ◽  
Vol 6 (4) ◽  
pp. 132-154
Author(s):  
Marat А. Sarsembayev
Keyword(s):  
Automotive Industry ◽  
Economic Activity ◽  
Recovery Period ◽  
Public Private Partnership ◽  
The State ◽  
Engineering Industry ◽  
Private Company ◽  
Private Partnership ◽  
Legal Method ◽  
State Body

This article analyzes the legal forms of public-private relations in the automotive industry in the Republic of Kazakhstan and the Russian Federation. The automotive industry is a part of the transport engineering industry, which consists of a number of sub-sectors in the form of railway, aviation, sea, river, and pipeline transport. The author distinguishes the content and principles of public-private legal relations that form the basis of the Russian and Kazakh laws on public-private relations. The public-private partnership, laid down in the law, usually implies a social project, which must be implemented at the expense of financial investments of a private company and the relevant state body. The state body may otherwise determine its participation in the implementation of this project. The specificity and difference between public-private relations and public-private partnership, in which the relations between the automotive engineering industry and the state are formed, is that there are no separate projects. Public-private relations are formed between the entire transport engineering industry (its factories and enterprises) and the state represented by the relevant ministry of industry of Russia and Kazakhstan. The Russian and Kazakh states subsidize this industry, which consists of private-joint-stock automobile plants, credit them, provide them with tax and customs privileges and preferences, assist in the creation and operation of Kazakh-Russian joint ventures in the automotive industry, and in return they receive significant taxes. Analyzing the legal aspects of foreign economic activity of automobile industry enterprises, as well as actions to restore the economy of Kazakhstan and Russia, and their auto industry in connection with the coronavirus pandemic has required using the following methods: the comparative legal method, systemic analysis, dialectic method, and the method of legal projection.

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