ZBYCIE AKCJI LUB UDZIAŁÓW W SPÓŁKACH BĘDĄCYCH WŁAŚCICIELAMI NIERUCHOMOŚCI ROLNYCH – WYBRANE PROBLEMY

2021 ◽  
pp. 9-21
Author(s):  
Jerzy Bieluk
Keyword(s):  
Criminal Liability ◽  
The State ◽  
Agricultural System ◽  
Management Board ◽  
Contingent Liabilities ◽  
Commercial Company ◽  
The Subject ◽  
The Right ◽  
A Company ◽  
Statutory Regulation

Pursuant to Article 3a sec. 1 of the Act of 11th of April 2003 on Shaping the Agricultural System, the National Support Centre for Agriculture, acting on behalf of the State Treasury, has the right of pre-emption of shares in a commercial company within the meaning of the Act of 15th of September 2000, Code of Commercial Companies, if such a company is an owner or a perpetual usufructuary of either agricultural property with an area of at least 5 ha or agricultural properties with a total area of at least 5 ha. NSCA is not notified about its right of pre-emption by the shareholder but by the company whose shares are the subject of the conditional sale agreement. At the same time, the act imposes several obligations on the company’s management board related to the preparation of documents attached to the notification, the most far-reaching of which is the submission, under pain of criminal liability, of a statement on the amount of contingent liabilities of the company. The statutory regulation overburdens the company’s management board with the obligations related to the preparation of the notification and makes the trading of shares in commercial companies, owning or being perpetual usufructors of agricultural property, dependent on the actions of their management board. The management board may block the sale of shares. Such a concept is incomprehensible, illogical, and requires immediate modification.

scholarly journals Spółki handlowe a znowelizowana ustawa o kształtowaniu ustroju rolnego – uwagi z praktyki notarialnej

2020 ◽  
pp. 63-86
Author(s):  
Małgorzata Muszalska
Keyword(s):  
Real Estate ◽  
Significant Degree ◽  
The State ◽  
Agricultural System ◽  
The Real Estate ◽  
Management Board ◽  
National Centre ◽  
Legal Situation ◽  
The Right ◽  
A Company

The article deals with the problems encountered by commercial companies and their partners related to applying the provisions of the Act of 11 April 2003 on the structuring of the agricultural system following the amendment to this Act, which came into force on 26 June 2019. These problems concern the acquisition of agricultural real estate by commercial companies and the disposal of shares and stocks in capital companies already owning such real estate. In the latter case, issues relating to the State Treasury’s (the National Agricultural Support Centre) pre-emptive right and the right to acquire shares and stakes are analysed. The problems here relate mainly to the new procedure introduced by the amendment in question, including new obligations for the company’s management board. Furthermore, there is a discussion of the right of the State Treasury to acquire real estate of partnerships in the event of a change of partner or the accession of a new partner to such a company, as well as the new right to acquire the real estate of a company whose shares are permitted for organised trading. The study advances the thesis that while several facilitating measures have been introduced regarding the acquisition of agricultural real estate by commercial companies, the procedure related to the sale of shares of these companies has been complicated and prolonged to a significant degree. An obligation has been imposed on the management board of a company to collect numerous written documents and send them to the National Centre when the latter has the pre-emptive right or the right to purchase shares or stocks. This impacts negatively on the legal situation of the shareholder whose rights are transferred due to the lack of a deadline by which the company’s management board should submit the agreement to the National Centre. At the same time, the new procedure significantly lengthens the proceedings, generates costs and, above all, is completely unnecessary, as most documents are available in an electronic form. The National Centre also has access to the remaining documents. The new regulations have equipped it with the authority to inspect the books and documents of the company whose shares are being sold.

Reflections on the existence of the science of criminal law

2021 ◽  
pp. 156-161
Author(s):  
I. Mytrofanov
Keyword(s):  
Social Justice ◽  
Public Relations ◽  
Criminal Law ◽  
The State ◽  
Crime And Punishment ◽  
Self Defense ◽  
Illegal Acts ◽  
The Subject ◽  
The Individual ◽  
The Right

The article states that today the issues of the role (purpose) of criminal law, the structure of criminal law knowledge remain debatable. And at this time, questions arise: whose interests are protected by criminal law, is it able to ensure social justice, including the proportionality of the responsibility of the individual and the state for criminally illegal actions? The purpose of the article is to comprehend the problems of criminal law knowledge about the phenomena that shape the purpose of criminal law as a fair regulator of public relations, aimed primarily at restoring social justice for the victim, suspect (accused), society and the state, the proportionality of punishment and states for criminally illegal acts. The concepts of “crime” and “punishment” are discussed in science. As a result, there is no increase in knowledge, but an increase in its volume due to new definitions of existing criminal law phenomena. It is stated that the science of criminal law has not been able to explain the need for the concept of criminal law, as the role and name of this area is leveled to the framework terminology, which currently contains the categories of crime and punishment. Sometimes it is not even unreasonable to think that criminal law as an independent and meaningful concept does not exist or has not yet appeared. There was a custom to characterize this right as something derived from the main and most important branches of law, the criminal law of the rules of subsidiary and ancillary nature. Scholars do not consider criminal law, for example, as the right to self-defense. Although the right to self-defense is paramount and must first be guaranteed to a person who is almost always left alone with the offender, it is the least represented in law, developed in practice and available to criminal law subjects. Today, for example, there are no clear rules for the necessary protection of property rights or human freedoms. It is concluded that the science of criminal law should develop knowledge that will reveal not only the content of the subject of this branch of law, but will focus it on new properties to determine the illegality of acts and their consequences, exclude the possibility of using its means by legal entities against each other.

Anti-Corruption Compliance Standards in the Aftermath of the Siemens Scandal

2009 ◽  
Vol 10 (8) ◽  
pp. 1343-1354 ◽  
Author(s):  
Karl Sidhu
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Washington Dc ◽  
Legal Proceedings ◽  
Board Directors ◽  
The Subject ◽  
Community Board ◽  
Corporate Community ◽  
A Company

Legal proceedings against Siemens AG arising from allegations of bribery were concluded on 15 December 2008 in Munich, Germany, as well as in Washington, DC. The Siemens case has been the largest of its kind. It has changed the compliance landscape and has brought criminal law out of its dark corner and to the attention of the corporate community. Board directors and other managers have painfully become aware that noncompliance with criminal law may not only threaten the existence of a company, but also may lead directly to personal criminal liability. The subject of compliance has also raised the attention of legal advisors and accountants that naturally must recommend the “best standard,” especially if the sensitive subject of corruption is concerned. Last but not least, prosecutors now have a deeper inside knowledge of corruption structures than ever before. Thus, compliance standards tend to rise expeditiously even without regulators taking any action. Siemens thereby smartly has lifted compliance to the “cornerstone” of its business and generally - in particular when it comes to anti-corruption programs -presents its improved and expanded compliance organization as a leading example.

Citizenship V. Territory: Explaining the Scope of the Criminal Law

2010 ◽  
Vol 13 (2) ◽  
pp. 427-448
Author(s):  
Alejandro Chehtman
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Fair Trial ◽  
The State ◽  
Universal Jurisdiction ◽  
Collective Interest ◽  
International Crimes ◽  
The Right ◽  
Meaningful Role ◽  
Antony Duff

Antony Duff and his coauthors have influentially argued that citizenship plays a central role in accounting both for the way in which the state makes individuals criminally responsible for certain wrongs and for calling them to answer for their wrongs. This paper takes issue with this citizenship-based understanding of the scope of the criminal law. It argues that Duff's model of civic criminal liability faces difficulties in explaining states' right to punish foreigners for crimes committed on their territory, and sits very uncomfortably with states claiming universal jurisdiction over international crimes. In contrast, it advocates a territorial conception of the criminal law. It suggests that to account for the allocation and scope of the right to punish, we need to look at the (collective) interest of those individuals who actually are in the territory of a particular state, not merely its citizens. Finally, it examines whether the notion of citizenship plays any meaningful role in a convincing account of the authority of the state to try an offender. Contra Duff and others, it argues that this authority rests exclusively on defendants receiving a fair trial and a verdict based on reliable evidence.

scholarly journals Głos w dyskusji o zaniechaniu ścigania jako sposobie reakcji na przestępstwo w prawnie dopuszczalnym procesie karnym

2021 ◽  
Vol 29 (3) ◽  
pp. 89-109
Author(s):  
Michał Wojciech Basa
Keyword(s):  
Cost Effectiveness ◽  
Restorative Justice ◽  
Due Process ◽  
The State ◽  
Social Harm ◽  
Trial Subject ◽  
Instrumental Values ◽  
The Subject ◽  
The Right

The subject of considerations is an attempt to describe and assess the institution of cessation of prosecution, resulting from reaching an agreement, as reaction to crime. The effective consensus-driven approach ought to be aimed at combining court instruments and values with the axiological basis of agreement-based litigation (namely, principle of restorative justice), and also with legal measures which allow to mete out a due penal reaction or, frequently, the cessation of prosecution. In case of proceedings regarding misdemeanours, where there is a possibility of eliminating the consequences of the crime solely by compensatory actions within victim-perpetrator relation, the state ought to waive the execution of ius puniendi. What should constitute the limit of waiving the right to punish is a combination of circumstances such as: negligible degree of social harm, reaching a plea agreement that includes the manner of compensation, along with executing thereof. Then, the sufficient reaction to crime is redressing damage or compensation for the harm suffered and the prosecutor’s decision to cease prosecution. The stage of judicial proceeding does not have to and should not be merely a forum for reaching and executing court agreements. The described variant of cessation of the prosecution combines instrumental values, such as the promptness and cost-effectiveness of proceedings with non-instrumental ones, such as due process and implementation of restorative justice. Through only partial waiver of the trial subject implementation, cessation of the proceedings may constitute a compromise between legalistic values and those of judicial opportunism.

scholarly journals Gestão Participativa em Unidades de Conservação com ênfase nos instrumentos legais: um olhar a partir da RDS Estadual Ponta do Tubarão (RN)

2015 ◽  
Vol 8 (4) ◽  
Author(s):  
Iraci Wanderley-Filha ◽  
Maria Valéria Pereira de Araújo ◽  
Sonia Trigueiro de Almeida
Keyword(s):  
Protected Areas ◽  
Local Community ◽  
Biological Diversity ◽  
Rio Grande ◽  
Farming Systems ◽  
The State ◽  
Federal Law ◽  
Management Board ◽  
Ecological Resources ◽  
The Right

As unidades de conservação são espaços naturais em que se observa a presença de pessoas cuja existência se baseia em sistemas sustentáveis de exploração dos recursos ecológicos, desenvolvidos por diversas gerações, adaptados às condições naturais locais e que desempenham um papel básico na proteção da natureza e na manutenção da diversidade biológica. O artigo objetiva identificar e compreender a compatibilização entre as previsões da Lei Federal nº 9.985 que criou o Sistema Nacional de Unidades de Conservação – SNUC, da Lei Complementar nº 272/04 e da Lei Estadual n º 8.349/03 que cria a Reserva de Desenvolvimento Sustentável Estadual Ponta do Tubarão, no que diz respeito a aplicabilidade dos princípios constitucionais de garantia do direito de participação social na gestão de Unidades de Conservação - UCs, na gestão ambiental da reserva. A referida reserva abrange os limites dos municípios de Macau e Guamaré, no Estado do Rio Grande do Norte. Trata-se de uma pesquisa bibliográfica e documental de natureza exploratória e de caráter qualitativo. Os resultados mostraram que apresenta certa acuidade no tocante ao alinhamento legal que cria e implementa a RDS com Lei Complementar 272/04 e às previsões da Lei 9.985/00 clareando e garantindo as formas de participação na gestão da unidade pelo Conselho Gestor com vistas ao desenvolvimento comunitário local. Participatory Management in protected areas with emphasis on legal instruments: a view from the RDS State Ponta do Tubarão (RN, Brazil) ABSTRACT Protected areas are natural areas where there is the presence of people whose existence is based on sustainable farming systems of ecological resources, developed by several generations, adapted to local natural conditions and play a basic role in protecting nature and maintenance of biological diversity. The article aims to identify and understand the compatibility between the predictions of Federal Law 9985 that created the National Protected Areas System - SNUC, of Complementary Law 272/04 and the State Law 8.349/03 establishing a Development Reserve Sustainable State Ponta do Tubarão, with regard to applicability of constitutional principles guaranteeing the right of social participation in protected areas management - UCs, environmental management reserve. Said reserve covers the limits of Macau and Guamaré municipalities in the state of Rio Grande do Norte. It is a bibliographical and documentary research exploratory and qualitative. The results showed that presents a certain accuracy regarding the legal alignment that creates and implements the RDS with Complementary Law 272/04 and forecasts of Law 9.985/00 clearing and securing the forms of participation in the management of the unit by the Management Board with a view to developing local community. KEYWORDS: Participative Management; Conservation Unit; Legal instruments.

scholarly journals Problems of criminal law protection of the national security of the state against subversive acts

2021 ◽  
Vol 10 (44) ◽  
pp. 307-315
Author(s):  
Oleksiy Pasyeka ◽  
Ruslan Shekhavtsov ◽  
Oleh Marmura ◽  
Stepan Burda ◽  
Taras Lutskyi
Keyword(s):  
National Security ◽  
Criminal Law ◽  
Criminal Liability ◽  
The State ◽  
Criminal Offense ◽  
The Subject ◽  
Criminal Legislation ◽  
Logical Semantic

The purpose of the article is to study the main problematic aspects of the regulation of liability for sabotage in the legislation of Ukraine. The subject of the research is the problematic aspects of the regulation of criminal liability for sabotage under the laws of Ukraine. In order to obtain reliable results, a number of methods are applied: dialectical, formal-logical, hermeneutic, logical-semantic, statistical, comparative-legal, etc. The results of the conducted research: modern threats to the national security of any state require effective measures of counteraction, including the qualitative criminal legislation. The main shortcomings of the regulation of liability for sabotage under the laws of Ukraine are due to the imperfection of the components of this criminal offense, as well as the misinterpretation of its provisions by the enforcer. In addition, it is determined that one of the important problems of liability for such action is the parallel existence of a terrorist act in the criminal legislation of Ukraine, and the components of a terrorist act by its content and nature in most cases coincides with the components of sabotage. A number of changes and additions to the criminal legislation of Ukraine on elimination of the specified problems are proposed.

scholarly journals The Severan Commemorative Relief at Cyrene. The portraiture

1977 ◽  
Vol 8 ◽  
pp. 19-25 ◽  
Author(s):  
A. Bonanno
Keyword(s):  
Annual Report ◽  
British Museum ◽  
The State ◽  
Full Description ◽  
Comprehensive Description ◽  
South Side ◽  
Doctoral Thesis ◽  
Architectural Elements ◽  
The Subject ◽  
The Right

On my first visit to Cyrene in summer 1972 I was so intrigued by the figurative relief standing on the south side of the so-called Valley Street, immediately to the east of the modern village of Shahat, that I decided to include it in my doctoral thesis. I visited the site in the distinguished company of the late Prof. D. E. Strong, who was then my research supervisor, and Mr. Philip Kenrick. We spent together some hours in front of this fascinating monument discussing a number of points concerning the architecture of the building to which it belonged, the identification of the figures, the iconography of the then hypothetical portraits, and the reading of the inscription. A full description and discussion of the monument were given by Professor Strong in a lecture delivered at the British Museum on the occasion of the opening of the Exhibition of Libyan Antiquities on 14th June, 1973, and later published in the Society for Libyan Studies Report. I returned to Cyrene in summer 1973 in order to make a more thorough examination of the relief and to produce a number of detailed photographs of the heads. The contents of this article are the result of these observations and the stimulating discussions I had with Professor Strong on the subject.For a comprehensive description of the relief I refer the reader to Strong's contribution in the Fourth Annual Report, but it is appropriate to recapitulate briefly. The relief in question constituted the figured frieze of the entablature of a monumental gateway resting on Corinthian columns. Beneath the frieze, which must have been more than 11m long, ran an inscription in two lines of standard monumental Greek letters. All the architectural elements, including the frieze, are carved on a very gritty and shelly limestone. The state of preservation is very poor: the figures on the right hand block are almost completely lost and elsewhere heads and limbs have fallen off, in some cases being cemented back. The best preserved are the central figures, but even here the sugary limestone has eroded to some extent (Fig.Ia).

ASSIGNMENT OF THE RIGHT TO DEMAND DIVIDENDS IN JOINT STOCK COMPANIES

2017 ◽  
Author(s):  
Anastasiia Diadiuk ◽  
Keyword(s):  
Practical Implementation ◽  
Legal Doctrine ◽  
Contractual Relationship ◽  
Legal Nature ◽  
Legal Position ◽  
State Regulator ◽  
The Subject ◽  
The Right ◽  
To Receive ◽  
A Company

An article explores theoretical and practical problems of the assignment of the claim dividends to joint-stock companies. The author pointed to the legal nature of the transfer of the right of claim. Were studied the peculiarities and procedure of transferring the shareholder's right to receive dividends due to him to third parties. The right to receive dividends by a shareholder gives rise to a monetary obligation, the parties to which are a company (the debtor) and a shareholder (the creditor). We can see the possibility of assignment of the right to claim payment of dividends as a legal basis for replacing the creditor (shareholder) in the obligation because of the absence of a direct legal prohibition, as well as the personal nature of the legal relationship between the company and the shareholder. The practical implementation of this possibility is complicated by several factors, including the lack of a clear legal position on the nature of dividends, as well as the right to receive dividends; legislative non-regulation of the procedure for assignment of the right to demand payment of dividends. The analyzed decisions of the state regulator indicate the impossibility of replacing the creditor in the obligation to pay dividends if the shareholder transfers his rights to another person under the transaction (agreement) in the manner prescribed by regulations. The legal doctrine shows, the essence of the shareholder's right to dividends allows distinguishing the corporate right to dividends, and the right to claim payment of dividends (obligatory). Accordingly, the right to claim payment of dividends has the characteristics of an independent property object (asset), which may be the object of a contractual relationship. The obligatory right to demand payment of dividends will be the subject of a contract of assignment of the right to claim dividends to be paid (cession), as a kind of agreement of assignment of the right to demand a monetary obligation. The conclusion of an agreement on the assignment of the right to claim dividends is possible only after the acquisition by the shareholder (original creditor) of the right to claim the company.

Types of Administrative Sanctions for Tax Offences

2018 ◽  
Vol 24 (2) ◽  
pp. 145-150
Author(s):  
Petar Ivanov Baldzhiev
Keyword(s):  
The State ◽  
Tax Legislation ◽  
State Administration ◽  
The Subject ◽  
Administrative Sanction ◽  
The Right ◽  
Administrative Sanctions ◽  
Administrative Responsibility ◽  
Legal Entities

Abstract The Bulgarian law regulates the administrative sanction as a specific sanction for noncompliance with the approved order in the state administration. Its imposition is considered to be an expression of state compulsion and it represents a realization of the administrative responsibility. The article aims to examine the peculiarities of the administrative sanctions imposed in the cases of tax offences, in regard to the specificity of the tax entities. The legislator has provided various administrative sanctions which are mainly systematized in the Administrative Violations and Sanctions Act. Tax legislation does not lay down new types of administrative sanctions but it uses the types provided by the Administrative Violations and Sanctions Act, and namely: public reprimand, fine, temporary deprivation of the right to be exercised a particular profession or to be carried out a particular activity, forfeiture in favour of the state, sanctions in the form of penalty payments imposed on legal entities and sole traders. The typical characteristics and peculiarities of the imposed for tax offences sanctions are the subject of the analysis

Sign in / Sign up

Export Citation Format

Share Document