scholarly journals ECONOMIC AND LEGAL ASPECTS OF THE FRANCHISE AGREEMENT IN THE UNITED KINGDOM

2019 ◽  
Vol 5 (3) ◽  
pp. 44
Author(s):  
Kostyantin Gusarov ◽  
Anastasiia Diadiuk
Keyword(s):  
United Kingdom ◽  
System Analysis ◽  
Scientific Work ◽  
Legal Aspects ◽  
Structural Method ◽  
The United Kingdom ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
Definition Of ◽  
The Uk

The purpose of the article is to study the economic and legal nature of the franchise agreement in the United Kingdom (UK). Since franchising in this country is well-established as a successful and highly-regarded growth model, it is advisable to identify the key economic and legal features of the franchise agreement, in which the parties specify their rights and obligations, the franchise price, the duration of the franchise relations, the procedure for performing calculations, etc. The subject of the study is a franchise agreement in the UK. Research methodology. The research is based on the use of general scientific and special-scientific methods and techniques of scientific knowledge. The dialectical method allowed us to investigate the definition of a franchise agreement in the UK and its key terms. The comparative legal method was used to compare doctrinal approaches to this issue. The statistical method was used to establish data that reflects the effectiveness of franchising activities. The method of system analysis helped to find out in which areas of economic activity franchising is most demanded. Interpretation of the content of the UK legal acts governing issues related to the conclusion of a franchise agreement in this country was realized with the help of the normative-dogmatic method. The system-structural method was used to study the franchise agreement in the UK as a single entity (system) with the coordinated functioning of all its elements. The methods of grouping and classifying formed the basis for separation the list of conditions which are necessary for concluding a franchise agreement in the UK, as well as the provisions that should be included in the content of this agreement. Methods of analysis and synthesis helped to study some parts of this agreement to formulate further conclusions. Practical application. The positive experience of the UK in regulating issues related to the conclusion of a franchise agreement can be used for making appropriate changes to the Ukrainian legislation. Correlation/ originality. This scientific work is the first research in Ukraine devoted not only to general issues of regulation of franchising activity in Europe but specifically to the franchise agreement in a separate country (in the UK) and its legal and economic peculiarities.

scholarly journals ECONOMIC AND LEGAL ASPECTS OF THE FRANCHISE AGREEMENT IN POLAND

2019 ◽  
Vol 5 (1) ◽  
pp. 137
Author(s):  
Petro Nemesh ◽  
Vitalii Kadala
Keyword(s):  
System Analysis ◽  
Scientific Work ◽  
Legal Aspects ◽  
Structural Method ◽  
Scientific Methods ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Definition Of ◽  
Key Terms

The purpose of the article is to study the economic and legal nature of the franchise agreement in Poland. Since franchising in this country has become the most common way of establishing a business, it is advisable to identify the key economic and legal features of the franchise agreement in which the parties specify their rights and obligations, the franchise price, the duration of the franchise relations, the procedure for performing calculations, etc. The subject of the study is a franchise agreement in Poland. Research methodology. The research is based on the use of general scientific and special-scientific methods and techniques of scientific knowledge. The dialectical method allowed us to investigate the definition of a franchise agreement in Poland and its key terms. The comparative legal method was used to compare doctrinal approaches to this issue. The statistical method was used to establish data that reflects the effectiveness of franchising activities. The method of system analysis helped to find out in which areas of economic activity franchising is most demanded. Interpretation of the content of Polish legal acts governing issues related to the conclusion of a franchise agreement in this country was realized with the help of the normative-dogmatic method. The system-structural method was used to study the franchise agreement in Poland as a single entity (system) with the coordinated functioning of all its elements. The methods of grouping and classifying formed the basis for separating the list of conditions, which are necessary for concluding a franchise agreement in Poland, as well as provisions that should be included in the content of this agreement. Methods of analysis and synthesis helped to study some parts of this agreement to formulate further conclusions. Practical application. The positive experience of Poland in regulating issues related to the conclusion of a franchise agreement can be used for making appropriate changes to the Ukrainian legislation. Although there is no special legislation in Poland, which regulates the issues connected with this kind of contract, the adoption of a number of progressive economic measures, as well as complement existing regulations with the provisions on franchising, allowed Poland to become one of the most attractive countries for foreign entrepreneurs. Correlation/originality. This scientific work is the first research in Ukraine devoted not only to general issues of regulation of franchising activity in Europe but specifically to the franchise agreement in a separate country (in Poland) and its legal and economic peculiarities.

scholarly journals SOME ECONOMIC ASPECTS OF FRANCHISING IN THE USA

2020 ◽  
Vol 5 (5) ◽  
pp. 183
Author(s):  
Yuliia Chaplynska ◽  
Varvara Piterska
Keyword(s):  
System Analysis ◽  
Scientific Work ◽  
Structural Method ◽  
Economic Aspects ◽  
Scientific Methods ◽  
Legal Method ◽  
The Us ◽  
Analysis And Synthesis ◽  
The Usa ◽  
Definition Of

The purpose of the article is to study the economic aspects of franchising in the USA. The subject of the study is some economic features of franchising activity in the USA. Research methodology. The research is based on the use of general scientific and special-scientific methods and techniques of scientific knowledge. The dialectical method allowed us to investigate the definition of franchising in the USA. Comparative legal method was used to compare legislative approaches to this issue. The statistical method was used to establish data that reflects the effectiveness of franchising activities. The method of system analysis helped to find out in which areas of economic activity franchising is most demanded. Interpretation of the content of the US legal acts governing issues related to franchising was realized with the help of the normative-dogmatic method. The system-structural method was used to study franchising in the USA as a single entity (system) with the coordinated functioning of all its elements. Methods of analysis and synthesis helped to study some economic aspects of the studied category to formulate further conclusions. Practical application. The positive experience of the USA in regulating issues related to franchising can be used for making appropriate changes to the Ukrainian legislation. Since franchising had originated and developed in this country, it is advisable to identify the key economic and some legal features of this area of business activity. Correlation/originality. This scientific work is the first research in Ukraine devoted not only to the general issues of franchising activity regulation, but specifically to the economic features of franchise activity in a separate country (in the USA).

scholarly journals FRANCHISE AGREEMENT IN ROMANIA AS A FORM TO PROVIDE ECONOMIC EFFICIENCY OF BUSINESS ACTIVITY

2019 ◽  
Vol 5 (1) ◽  
pp. 27
Author(s):  
Vitalii Vdovichen ◽  
Oleksandr Voroniatnikov
Keyword(s):  
Economic Activity ◽  
System Analysis ◽  
Scientific Work ◽  
Structural Method ◽  
Scientific Methods ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
Definition Of ◽  
Competitive Actions ◽  
Key Terms

The purpose of the article is to study the economic and legal nature of the franchise agreement in Romania. Franchising has become one of the most effective tools for economic activity and profiting in this country, and the franchising agreement is a form, in which all aspects of this activity are reflected: the rights and obligations of the parties, the price of the franchise, the duration of the franchise relations, transactions between the franchisor and the franchisee, the prohibition of competitive actions, etc. The subject of the study is the franchise agreement in Romania. Research methodology. The research is based on the use of general scientific and special-scientific methods and techniques of scientific knowledge. The dialectical method allowed us to investigate the definition of a franchise agreement in Romania and its key terms. The comparative legal method was used to compare doctrinal approaches to this issue. The statistical method was used to establish data that reflects the effectiveness of franchising activities. The method of system analysis helped to find out, in which areas of economic activity franchising is most demanded. Interpretation of the content of Romanian legal acts governing issues related to the conclusion of a franchise agreement in this country was realized with the help of the normative-dogmatic method. The system-structural method was used to study the franchise agreement in Romania as a single entity (system) with the coordinated functioning of all its elements. The methods of grouping and classifying formed the basis for separating the list of conditions, which are necessary for concluding a franchise agreement in Romania, as well as provisions that should be included in the content of this agreement. Methods of analysis and synthesis helped to study some parts of this agreement to formulate further conclusions. Practical application. The positive experience of Romania in regulating issues related to the conclusion of a franchise contract can be used for making appropriate changes to the Ukrainian legislation. Thus, in Romania, a special regulatory act (Ordinance 52/1997), which regulates the procedure for concluding this agreement, defines the rights and obligations of the parties and establishes the essential terms of the contract and the principles for its implementation, was adopted. Issues which are not regulated by the Ordinance are subject to the Civil and the Commercial Codes of the country, as well as European legislation, which sets out requirements for the prohibition of competition. Correlation/originality. This scientific work is the first research in Ukraine devoted not only to general issues of regulation of franchising activity in Europe but specifically to the franchise agreement in a separate country (in Romania) and its legal and economic peculiarities.

scholarly journals COMPARATIVE LEGAL ASPECTS OF ENSURING THE ECONOMIC SECURITY OF COMPANIES IN RESOLVING CORPORATE CONFLICTS IN UKRAINE AND THE UNITED STATES

2019 ◽  
Vol 5 (1) ◽  
pp. 54
Author(s):  
Vitalii Demianchuk ◽  
Pavlo Bortsevych
Keyword(s):  
United States ◽  
The United States ◽  
Legal Aspects ◽  
Economic Security ◽  
Structural Method ◽  
Corporate Rights ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
The Subject ◽  
Definition Of

The aim of the article is to reveal the legal nature of corporate conflicts and ways to overcome them in Ukraine and the United States. The subject of the study is corporate conflicts caused by the corporate relations that arise between the owners of corporate rights, as well as the relationship between the owners of corporate rights and management bodies of the company. Methodology. The study is based on general scientific and specialscientific methods and techniques of scientific knowledge. The logical semantic method enabled to determine the content of the concepts of “corporate conflict” and “greenmail”. The comparative legal method enabled to compare the doctrinal approaches to this issue. The same method enabled to analyse US law regarding the subject matter. The normative dogmatic method enabled to interpret the content of legal regulations of domestic and foreign legislation that regulate the issue of corporate conflicts and ways to overcome them. The system-structural method enabled to analyse objective and subjective causes of corporate conflicts. Methods of analysis and synthesis enabled to distinguish features of corporate blackmail as the cause of corporate conflicts. The method of legal modelling enabled to develop proposals regarding greenmail prevention in Ukraine. Practical implications. Studies on the issue of greenmail in the US helped to develop recommendations for prevention of greenmail in Ukraine, as well as to identify issues requiring further consideration and research. Relevance/originality. The concepts of “corporate conflict” and “greenmail” are defined. The objective and subjective causes of the occurrence of corporate conflicts, the reasons for their occurrence, as well as the subjective component of the parties to the corporate conflict are analysed. The absence of the legal definition of the concept of greenmail and the effective mechanism of its prevention is stated, therefore, appropriate recommendations to prevent its occurrence are formulated.

scholarly journals The British-Irish Border in the Context of Brexit

2020 ◽  
pp. 229-242
Author(s):  
Grzegorz Balawajder
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Northern Ireland ◽  
System Analysis ◽  
Comparative Method ◽  
Border Crossing ◽  
Free Movement ◽  
The European Union ◽  
The United Kingdom ◽  
The Uk

The subject of the paper is reflections on the consequences of Brexit for the functioning of the border between Ireland and Northern Ireland. The author explains what this border means when the United Kingdom is no longer a member of the European Union, and thus the border may be a barrier to the free movement of people, goods, capital and services. At the same time, it is stressed that the exit of the United Kingdom from the European Union will have a significant impact on the change of the function of this border, which from then on is no longer an internal border of the Union. The aim of the paper is therefore to analyse the consequences of this change, with a simultaneous indication of different models of the UK’s functioning with relation to the European Union and their impact on the British-Irish relations, especially with regard to the various dimensions of the border as a barrier. The article presents various scenarios of solutions that will determine their mutual relations as a result of negotiations between the European Union and Great Britain, especially with regard to access to the single European market, which in turn will be influenced by the border between Ireland and Northern Ireland in the scope of the free movement of people, goods, capital and services. The author used the system analysis method and the comparative method. The author puts forward the thesis that if the negotiations cause a fairly strong loosening of relations between the UK and the European Union, to mitigate the consequences of such a situation for the Irish-British relations, it will be necessary to find and develop bilateral solutions that will facilitate border crossing. The Smart Border 2.0 concept can constitute such a solution.

scholarly journals INTERNATIONAL FRANCHISE AGREEMENT

2019 ◽  
Vol 4 (5) ◽  
pp. 332
Author(s):  
Bohdan Stetsiuk ◽  
Yurii Miroshnychenko ◽  
Pavlo Dudko
Keyword(s):  
Practical Implication ◽  
Integrated Approach ◽  
Structural Method ◽  
Scientific Methods ◽  
Legal Method ◽  
Legal Nature ◽  
Analysis And Synthesis ◽  
International Regulations ◽  
General Scientific ◽  
Definition Of

The purpose of the article is to study the legal nature of the international franchise agreement, its types, essential conditions and peculiarities of its conclusion. The subject of the study is the international franchise agreement. Research methodology. The research is based on the use of general scientific and special-scientific methods and methods of scientific knowledge. The dialectical method allowed investigating the definition of the international franchise agreement and its essential conditions. The comparative legal method was used to compare doctrinal approaches to this issue. Interpretation of the content of international legal acts governing issues related to the conclusion of the international franchise agreement was realized with the help of the normative-dogmatic method. The system-structural method is used to study the international franchise agreement as a single whole (system) with the coordinated functioning of all its elements. The methods of grouping and classifying formed the basis for separating the list of conditions, which are necessary for the conclusion of this contract, as well as the provisions that should be included in the content of the agreement. Methods of analysis and synthesis helped to study some parts of this agreement to formulate further conclusions. Practical implication. The analysed recommendations of scientists and lawyers, as well as the provisions of international regulations, can be used when concluding an international franchise contract. Correlation/originality. The scientific novelty of the work consists of an integrated approach to the study of theoretical and practical issues related to the international franchise agreement.

scholarly journals AUDIT AS A FORM OF CONTROL OF THE STATE FINANCIAL INSPECTION OF UKRAINE

2019 ◽  
Vol 4 (5) ◽  
pp. 31 ◽  
Author(s):  
Ihor Bohdaniuk ◽  
Vladyslav Kolisnichenko ◽  
Olena Ustymenko
Keyword(s):  
The State ◽  
Structural Method ◽  
Legal Method ◽  
Optimal Functioning ◽  
Domestic Legislation ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Characteristic Features ◽  
Definition Of ◽  
Selection Of

The aim of the article is to review the audit as a form of control of the State Financial Inspection of Ukraine and to analyse its forms and types. The subject of the study is the audit as a form of control of the State Financial Inspection of Ukraine. Research methodology. The research is based on the use of general scientific and specialscientific methods and techniques of scientific knowledge. The dialectical method made it possible to investigate the definition of the audit as a form of control of the State Financial Inspection of Ukraine and the procedure for its appointment. The comparative legal method was used in order to compare doctrinal approaches to this issue. Interpretation of the content of normative legal acts of domestic legislation was carried out with the help of the normative-dogmatic method. These acts regulate the problem of appointment and conduction of the audit. The system-structural method was used for the study of the audit institution as a whole (system) with the coordinated functioning of all its elements. Methods of analysis and synthesis helped to study some parts of this institute to formulate further conclusions about its most optimal functioning. Practical impact. The analysis of types of audits, as well as their characteristic features, helped to develop recommendations for improving the procedure for conducting audits by the State Financial Inspection of Ukraine, as well as to identify problematic issues that require further consideration and research. Correlation/originality. In the research, there was made a proposal about audits, which are carried out by the State Financial Inspection of Ukraine and its territorial bodies. The proposal was to make them a form of forecasting control. It was recommended to qualify the fact of prevention the officials of the controlling body from carrying out the audit, checking or not providing the necessary documents for audit and verification as an administrative offense. A special attention was paid to the timeliness of the selection of explanations from the involved persons during the detection of offenses.

Mela in the UK: A ‘travelled and habituated’ festival

2015 ◽  
Author(s):  
Rakesh Kaushal ◽  
Chris Newbold
Keyword(s):  
United Kingdom ◽  
South Asian ◽  
Rural Culture ◽  
Event Management ◽  
Local Authorities ◽  
The Core ◽  
The United Kingdom ◽  
Religious Festivals ◽  
Definition Of ◽  
The Uk

Mela in the United Kingdom has become, in its short thirty year history, one of the most popular forms of festival entertainment. The word ‘mela’ itself, is based on the Sanskrit, meaning a community gathering or meeting, and in its many forms mela in the UK has remained true to this broad sense of people, families and communities congregating together in an atmosphere of festivity. At its roots, mela in the UK has evolved out of South Asian religious rites and rituals, and can also be seen to be built on South Asian folk and rural culture and traditions. However, at the core of the definition of mela is the notion of a gathering. This is most appropriate here in that it does not necessarily refer to any mono-cultural or religious focus, and is important when we observe how mela has ‘travelled’ and become ‘habituated’ in the UK. Carnegie and Smith (2006) identify Edinburgh Mela as having travelled but in this chapter, whilst recognising the travelled nature of mela that they refer to, we indicate that it is the habituated nature of mela that more clearly identifies its nature and existence in the UK. Therefore, this chapter will document that, after 25 to 30 years, mela in the UK can be seen to be adopting its own traditions and connotations. Moreover, by the very nature of the modern diverse British population, mela is now largely urbanised and many continue to reflect South Asian religious festivals, be they Boishakhi Melas (Brick Lane London), Holi Hai Melas (Oxford) or Eid Melas (Birmingham), but others have lost touch with these roots as the demands of festival and cultural event management and venue availability have led to other requirements taking priority. The focus of the research presented here is concerned with the manifestation of mela in the UK and, in particular, how it has adapted to the various town and city locations in which it is now a fundamental part of the cultural events calendar. The importance of mela in terms of economic impact and tourism may be one reason why mela is popular with local authorities.

scholarly journals THE COOPERATION BETWEEN THE RUSSIAN FEDERATION AND THE UNITED KINGDOM IN THE FIELD OF FISHERIES: LAW AND POLICY

Fisheries ◽  
2020 ◽  
Vol 2020 (2) ◽  
pp. 24-28
Author(s):  
Kamil Bekyashev ◽  
Damir Bekyashev
Keyword(s):  
United Kingdom ◽  
Russian Federation ◽  
Legal Aspects ◽  
The European Union ◽  
The United Kingdom ◽  
History Of ◽  
The Russian Federation ◽  
The Uk ◽  
Fisheries Law ◽  
The Eu

On January 31, 2020, Great Britain left the European Union (EU) and was given the opportunity to pursue an independent fishing policy. In this regard, the article considers the legal and political aspects of possible cooperation between the Russian Federation and the United Kingdom in the field of fisheries. An information on the state of the UK fishing industry is provided; the legal aspects of the UK exit from the EU in the context of fisheries are analyzed; the history of relations as well as the prospects for cooperation between Russia and the UK in the field of fisheries is considered. The authors have developed recommendations on the political and legal support of the fishery interests of the Russian Federation in relations with the UK.

scholarly journals LEGAL CHARACTERISTIC OF THE FRANCHISE AGREEMENT IN GERMANY

2019 ◽  
Vol 5 (1) ◽  
pp. 96
Author(s):  
Tsahik Kolinko ◽  
Krystyna Rezvorovych ◽  
Maryna Yunina
Keyword(s):  
Scientific Paper ◽  
Structural Method ◽  
Scientific Methods ◽  
Legal Method ◽  
Legal Nature ◽  
Analysis And Synthesis ◽  
German Legislation ◽  
General Scientific ◽  
Definition Of ◽  
Practical Implications

The purpose of the article is to study the legal nature of the franchise agreement in Germany. The research subject is the franchise agreement in Germany. The methodology of research. The study is based on the use of general scientific and special scientific methods and techniques of scientific cognition. The dialectical method allowed studying the definition of franchising agreement in Germany and its essentials. The comparative legal method was applied in order to compare doctrinal approaches to this issue. Interpretation of the content of laws and regulations of German legislation covering issues related to the conclusion of the franchising agreement in this country was carried out by means of the normative-dogmatic method. The system-structural method was used to study franchising agreement in Germany as a unitary whole (system) with coordinated functioning of all its elements. Methods of grouping and classification formed the basis for singling out a list of requirements needed to conclude franchising agreement in Germany, as well as provision to be included in this agreement. Methods of analysis and synthesis helped to investigate separate parts of such an agreement in order to formulate further conclusions. Practical implications. The positive experience of Germany in the regulation of issues related to the conclusion of the franchising agreement can be used for introducing corresponding changes in the legislation of Ukraine. Value/ originality. This scientific paper is the first study in Ukraine devoted not to general issues of regulation of franchising activity in Europe but specifically to franchising agreement in a separate country (in Germany).

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