scholarly journals INTERNATIONAL AND NATIONAL LEGAL GUARANTEES FOR INVESTMENT ACTIVITIES IN UZBEKISTAN

THE BULLETIN ◽  
2021 ◽  
Vol 389 (1) ◽  
pp. 252-259
Author(s):  
N. Kh.-A. Rakhmonkulova
Keyword(s):  
Investment Activity ◽  
Foreign Investors ◽  
Bilateral Agreements ◽  
Legitimate Interests ◽  
The Subject ◽  
The Republic ◽  
Legal Mechanism ◽  
Constituent Elements ◽  
First Time ◽  
Comprehensive Study

The article analyzes international and national guarantee investment activities on the territory of the Republic of Uzbekistan and discusses the issues of the implementation of the rights and legitimate interests of foreign investors using legal guarantee obligations in the national legislation of Uzbekistan. The aim of the study is to study the international mechanism for guaranteeing the repatriation of foreign investors, a comprehensive analysis of the most important international legal mechanisms in this area. The scientific novelty of the research is determined by the fact that the raised problem became for the first time the subject of a special comprehensive study. The author carries out research based on a significant number of international legal acts in the field of international legal guarantees for investment activities, constituent documents of intergovernmental organizations-subjects of international law, conducts a comparative analysis of various aspects of guarantees for investment activities. The novelty of the article is also enhanced by the fact that the author studies in detail the problems of correlation between the international legal and national legal mechanisms for guaranteeing investment activity. In the article, based on the analysis of international legal material, for the first time are investigated: - the international legal mechanism for guaranteeing investment activities, its constituent elements; the operation of multilateral and bilateral agreements in this area; -national legal mechanism for guaranteeing investment activities; To achieve this goal, taking into account the designated subject of research, the following results were obtained in the work: • International legal guarantees have been studied and a legal description to them has been given; • The main aspects of interaction between the international and national legal mechanism for guaranteeing investment activity have been identified;

scholarly journals Application of the Salini test in determining investments in the practice of the International Center for Settlement of Investment Disputes

2021 ◽  
pp. 13-30
Author(s):  
Valentina Vladimirovna Tereshkova ◽  
Gleb Andreevich Gadalov
Keyword(s):  
Subject Matter ◽  
Dispute Settlement ◽  
Practical Importance ◽  
Arbitral Tribunal ◽  
Investment Activity ◽  
Foreign Investors ◽  
The Subject ◽  
Key Features ◽  
First Time

Determination of the existence of subject-matter jurisdiction is of practical importance for the entire dispute settlement process by the International Center for Settlement of Investment Disputes (ICSID), which was created for protection of the rights of foreign investors. The subject-matter jurisdiction of ICSID is conditioned by existence of an “investment”. Determination of existence of an investment in each particular dispute is attributed to the exclusive competence of the arbitral tribunal itself, since the concept of “investment” is not disclosed in the text of the Washington Convention. The authors assess the key features of the activity that is recognized as investment, used by the arbitrators conducting qualification of one or another transaction to establish whether or not they fall under requirements of the Article 25 of the Washington Convention. Special attention is turned to the methodology and practice of application of the aforementioned criteria. It is noted that in each criteria, the arbitrators determine their own structure. Detailed analysis is carried out on the issues of subject-matter jurisdiction in the decisions of ICSID , beginning with the Fedex case, in which the need to use objective criteria in determination of ICSID jurisdiction without their interpretation is pointed for the first time; and Salini case, in which the arbitrators disclosed the content of these criteria, as well as subsequent decisions that illustrated different approaches of the arbitrators towards interpreting the Salini test. The conclusion is made that despite the fact that the criteria used in modern arbitration practice developed in the Salini case do not possess regulatory characteristics, their presence allows making objective distinction between the investments protected on the level of international agreements and regular commercial transactions. The Salini test provides potential investors with the opportunity to assess risks prior to starting investment activity on the territory of a foreign country, as well as protect the parties to the investment relations from abuse.

scholarly journals FEATURES AND PROBLEMS OF THE POLITICAL AND VALUE CONTENT OF THE POLICY OF INTERETHNIC HARMONY

2020 ◽  
Vol 65 (2) ◽  
Author(s):  
E.R. Akpayeva ◽  
Keyword(s):  
Personal Development ◽  
Political Process ◽  
Social Groups ◽  
National Policy ◽  
Integrated Approach ◽  
Internal Factors ◽  
Important Means ◽  
The Subject ◽  
The Republic ◽  
Comprehensive Study

The article reveals in more detail the features and problems of regulation of the processes of formation and development of interethnic harmony in the context of state policy of Kazakhstan. It is shown that the regulation of the formation of interethnic consent of Kazakhstan should be considered as a national and political process, during which the influence of both external and internal factors of personal development of each of them should be taken into account. The article also notes that in the process of modernization of the Kazakh society, the regulation of interethnic harmony between them acts as the most important means of implementing the ideas and principles of the national policy of the Republic of Kazakhstan. The practice of Kazakhstan shows that only the subject of regulation of interethnic harmony, which is well aware of the requirements of an integrated approach, is able to be guided by them in their educational activities, is able to effectively regulate the process of formation and development of interethnic harmony. At the same time, a comprehensive study of the characteristics of different social groups of people, nationalities and skillful account of the identified features in working with them is necessary.

scholarly journals Modelling and Prognosis of the Export of the Republic of Serbia by Using Seasonal Holt-Winters and Arima Method

2016 ◽  
Vol 54 (2) ◽  
pp. 233-260 ◽  
Author(s):  
Jelena Mladenović ◽  
Vinko Lepojević ◽  
Vesna Janković-Milić
Keyword(s):  
Agricultural Production ◽  
Balance Of Payments ◽  
Bilateral Agreements ◽  
Labour Costs ◽  
The Subject ◽  
The Republic ◽  
The One ◽  
High Degree ◽  
Insight Into

Abstract Low labour costs as one of the key sources of export stimulation, the competitive advantage of domestic agricultural production and bilateral agreements with partner countries - all promote export as a potentially significant factor of encouragement of economic development of the Republic of Serbia.Taking into account this fact, on the one hand, and balance of payments problems that Serbia has been facing over the years, on the other hand, the subject of this paper is an analysis of trends in the Republic of Serbia export and explanation of variations in the export trends during the period from 2004 to 2014. The aim of the paper is to explore export trends forecast from January to December 2015.The analysis uses Holt-Winters and ARIMA methods for analyszing time series.The paper provides insight into the export trend forecasts for the period of 12 months, and thus confirms the possibility of practical usage of the time series analysis methods in forecasting macroeconomic variables such as export. The used methods identify increase of export during the summer and its decrease after October 2015. The paper establishes the existence of a high degree of congruence between forecasts obtained by using two methods, which confirm a high quality of the elaborated methods in the analysis of exports.

scholarly journals DOCUMENTARY RECONSTRUCTION OF THE GENEALOGY OF S. D. MAINAGASHEV (TO THE 135TH ANNIVERSARY OF HIS BIRTH)

2021 ◽  
pp. 148-158
Author(s):  
Алексей Сергеевич Нилогов
Keyword(s):  
National Archive ◽  
Oral Traditions ◽  
State Archive ◽  
The Family ◽  
Archival Documents ◽  
Civil Status ◽  
The Subject ◽  
The Republic ◽  
First Time ◽  
Genealogical Information

В статье рассматривается вопрос документальной реконструкции родословной хакасского этнографа Степана Дмитриевича Майнагашева (1886–1920). До сих пор в биографии хакасского учёного С. Д. Майнагашева оставались белые пятна, включая точно не установленную дату его рождения. Несмотря на наличие родословных преданий о происхождении Майнагашевых, отсутствовала научная верификация этой генеалогической информации на материале церковных метрических книг, именных списков и ревизских сказок (переписей населения). Объектом исследования является биологическая родословная С. Д. Майнагашева, а предметом — архивно-документальная реконструкция её патрилинейной части. Источниковую базу составили фонды таких архивов, как: Государственный архив Красноярского края, Национальный архив Республики Хакасия, архив города Минусинска. Впервые в научный оборот вводятся уникальные архивные документы по генеалогии Майнагашевых: по Аскизской Петропавловской церкви — метрическая запись о рождении/крещении С. Д. Майнагашева за 1886 г., метрическая запись о бракосочетании/венчании его родителей Д. А. Майнагашева и В. Н. Кызыласовой за 1877 г., метрическая запись о смерти/погребении деда этнографа А. П. Майнагашева за 1866 г., по Таштыпской Христорождественской церкви — метрическая запись о рождении/крещении отца Д. А. Майнагашева за 1851 г.; сведения из трёх последних ревизий Казановского рода Сагайской степной думы за 1832, 1850 и 1858 гг.; данные о фактах крещения представителей рода на 1854 г. В ходе генеалогических изысканий проведена экспертиза семейной родословной Майнагашевых, составленной в 1970–1980-х гг. топографом М. Г. Мойнагашевым на основе устных преданий и архивных источников. Критический анализ этой генеалогической схемы показывает, что её информационный потенциал нуждается в тщательной научной верификации с привлечением церковных метрических записей и актов гражданского состояния. Дальнейшее изучение генеалогии Майнагашевых будет посвящено анализу родословных легенд, а также генетико-генеалогическому тестированию современных мужских потомков. The article deals with the issue of documentary reconstruction of the Khakass ethnographer Stepan Dmitrievich Mainagashev’s (1886–1920) genealogy. Until now, there have been gaps in biography of the Khakass scientist S. D. Mainagashev, including an unspecified date of his birth. Despite the presence of genealogical legends about the origin of the Mainagashevs, there was no scientific verification of this genealogical information on the material of church metric books, lists of names and census lists (population censuses). The object of the study is S. D. Mainagashev’s biological genealogy, and the subject is the archival and documentary reconstruction of its patrilineal part. The source base consisted of the funds from such archives as: State Archive of the Krasnoyarsk Region, National Archive of the Republic of Khakassia, Minusinsk Archive. For the first time, unique archival documents on the genealogy of the Mainagashevs are introduced into scientific circulation: from the Askiz Peter and Paul Church — a metric record of the birth/baptism of S. D. Mainagashev in 1886, a metric record of the marriage/wedding of his parents D. A. Mainagashev and V. N. Kyzylasova in 1877, a metric record of the death/burial of the grandfather, ethnographer A. P. Mainagashev in 1866, from the Tashtyp Nativity Church — a metric record of the birth/baptism of D. A. Mainagashev’s father in 1851; data from the last three censuses of the Kazanov family of the Sagai Steppe Duma in 1832, 1850, and 1858; data on the baptism facts of representatives of the family as of 1854. Within the genealogical research, we carried out an examination of the Mainagashevs’ family genealogy, compiled in the 1970s and 1980s by the topographer M. G. Moinagashev on the basis of oral traditions and archival sources. The critical analysis of this genealogical scheme shows that its informational potential needs careful scientific verification with the involvement of church metric records and civil status acts. The further study of the Mainagashevs' genealogy will be devoted to the analysis of genealogical legends, as well as genetic and genealogical testing of modern male descendants.

scholarly journals Performance evaluation for the outsourcing of military base management services in the Republic of Korea using SERVQUAL and IPA

2020 ◽  
Author(s):  
Jinho Kim ◽  
Seongyoon Lee ◽  
Jaiill Lee ◽  
Seokjung Kang
Keyword(s):  
Large Scale ◽  
Pilot Project ◽  
Republic Of Korea ◽  
Analysis Framework ◽  
Military Base ◽  
Base Management ◽  
The Subject ◽  
Large Scale Survey ◽  
The Republic ◽  
First Time

AbstractThis study was conducted to evaluate the performance of a contracting-out project for military base management in response to recent defense reforms in the Republic of Korea that require military forces to concentrate on operations and combat missions. In this study, the service quality perspective via SERVQUAL was applied to the ROK defense sector for the first time, with the soldiers viewed as customers receiving a service. In addition, to improve the effectiveness of the contracted services, the importance-performance analysis framework was employed to identify the tasks that required urgent attention. We conducted a large-scale survey of 2,112 uniformed members within pilot project units. To avoid problems such as insincere responses or low response rates, we held interviews with the officers managing the units on the subject of the importance and purpose of the questionnaire. As a result, it was found that the outsourcing of cleaning services was the most successful initiative, while mowing/landscaping had the most urgent tasks for improvement, with some respondents believing that reliability and assurance should be improved.

scholarly journals Administrative Penology: Modern Research Prerequisites

2021 ◽  
Vol 5 ◽  
pp. 28-33
Author(s):  
Artem N. Deryuga ◽  
◽  
Sergey N. Shaklein ◽  
Keyword(s):  
Central Element ◽  
Special Scientific ◽  
Administrative Punishment ◽  
Fixed Type ◽  
The Subject ◽  
Legal Mechanism ◽  
Effective Result ◽  
Comprehensive Study

Administrative punishment is the most important legal “lever” to reduce the level of administrative tort. Hence, it is important to study the issue of increasing the effectiveness of administrative punishment and the formation of a special scientific directionadministrative Penology, the Central element of the subject of which is administrative punishment and those phenomena, events, facts, States and processes that form the legally fixed type and limits of administrativetort sanctions. The need for a comprehensive study of administrative punishment is associated with obtaining the most effective result, designed for the long term, by analyzing the effectiveness of the existing exclusively legal mechanism for the appointment and execution of administrative punishments and searching for reserves of administrative punishment, using the achievements of legal, sociological and psychological Sciences.

scholarly journals Content of Investigative Situations of the Initial Stage of Investigating Coercion to Fulfill or Non-Fulfillment of Civil Obligations Committed by Organized Criminal Groups

2020 ◽  
Vol 79 (4) ◽  
pp. 54-60
Author(s):  
Є. В. Зозуля
Keyword(s):  
Criminal Group ◽  
Criminal Proceedings ◽  
Difficult Situation ◽  
Initial Stage ◽  
Criminal Groups ◽  
Constituent Elements ◽  
First Time ◽  
Comprehensive Study

A number of issues concerning the essence of the investigative situation have been studied. The author has indicated the need for a comprehensive study of its constituent elements, given the specifics of the investigation of coercion to fulfill or non-fulfillment of civil obligations committed by an organized criminal group. The interrelationships of investigative situations of the initial stage of the investigation have been analyzed; directions of the development have been indicated. The bases for choosing and realizing actions at the initial stage of investigation have been analyzed; investigative situations and algorithms of the corresponding actions have been specified. Ways to solve a difficult situation and transition from one investigative situation to another during the pre-trial investigation have been suggested. Based on the analysis of scientific opinions on such a forensic category as the investigative situation of the initial stage of the pre-trial investigation, the author has substantiated own views on this issue. The processes that take place in the system of interrelation of the investigative situation of the initial stage of the investigation along with the actions corresponding to it have been studied. The specific investigative situations of the initial stage of the pre-trial investigation and the actions that correspond to them during the investigation by the fact of coercion to fulfill or non-fulfillment of civil obligations committed by an organized criminal group have been analyzed. Taking into account the positive and negative practice of investigating crimes related to the researched crime, the author for the first time has elaborated an algorithm of the investigator’s behavior at the initial stage of their investigation, given that those actions are committed by an organized group of people. Given the positive practice of investigating coercion to fulfill or non-fulfillment of civil obligations, the author has defined the possible ways to use information about the investigative situations of the initial stage of the investigation in order to optimize the activities of investigative units during the investigation of this category of criminal proceedings. Typical investigative situations of the initial stage of investigation have been studied and algorithms of the investigator’s actions during their realization have been defined.

scholarly journals Pengaturan Penyelesaian Sengketa Penanaman Modal dalam Peraturan Daerah Nomor 7 Tahun 2018 tentang Penanaman Modal Provinsi Riau

SASI ◽  
2020 ◽  
Vol 26 (1) ◽  
pp. 20
Author(s):  
Evi Deliana
Keyword(s):  
Dispute Resolution ◽  
Research Method ◽  
International Arbitration ◽  
Legal Research ◽  
Investment Activity ◽  
Foreign Investors ◽  
The Republic ◽  
The Government

Investment is any form of investment activity, both by domestic investors and foreign investors to do business in the territory of the Republic of Indonesia. Riau Province has issued Regional Regulation No. 7 of 2018 concerning Investment in Riau Province (PMPR). But there are weaknesses and disharmony with the higher regulation, the 2007 Investment Act. The research method used is normative legal research. The regulation in the PMPR regulation is still unclear, especially if there is an obligation to resolve disputes that occur between the government and foreign investors through national arbitration. Whereas in accordance with the 2007 Investment Act, dispute resolution between the government and foreign investors is carried out through international arbitration institutions based on the agreement of the parties.

scholarly journals СRIME CONNECTED WITH TRAFFICKING IN PERSONS IN THE MIRROR OF VICTIMOLOGICAL STATISTICS OF THE REPUBLIC OF KAZAKHSTAN

2017 ◽  
Vol 2 (79) ◽  
pp. 56
Author(s):  
Alimzhan Bekmagambetov
Keyword(s):  
Trafficking In Persons ◽  
The Supreme Court ◽  
Expert Assessments ◽  
The Republic ◽  
Drugs And Crime ◽  
First Time ◽  
Legal Statistics ◽  
Further Development ◽  
Empirical Material ◽  
Comprehensive Study

In article aimed on researching victimological aspects of the crime connected with trafficking in persons in the Republic of Kazakhstan through the prism of official statistics of the UN Committee on Drugs and Crime, the International Organization for Migration in Kazakhstan, the Commission on Human Rights under the President, the Committee on Legal Statistics and Special Accounts of the Prosecutor General's Office and the Supreme Court of the Republic of Kazakhstan. . The novelty of this publication is that the author for the first time in the country attempted a comprehensive study of diverse empirical material, doctrinal views, expert assessments of practitioners and the formulation of conclusions of a theoretical and applied nature. Тhe author comes to a conclusion about lack of a united integral victimological picture concerning the group of criminal acts connected «with human turnover». In the global plan, the opinion on further development of practices in the sphere of conceptual justification and the practical embodiment of victimological policy is supported.

scholarly journals Historical experience of the reforms of taxation of private entities in Russia and the Republic of Kazakhstan

2020 ◽  
pp. 58-83
Author(s):  
Tatyana Leonidovna Ishchuk ◽  
Ayagyul Serikovna Baimukhametova
Keyword(s):  
Sequential Algorithm ◽  
Positive Development ◽  
Reform Process ◽  
Tax System ◽  
Historical Experience ◽  
Foreign Experience ◽  
Universal Instrument ◽  
The Subject ◽  
The Republic ◽  
Comprehensive Study

The object of this research is the reform process of taxation of private entities based on the Russian, Kazakh and other foreign experience. The subject of this research is the set of legal, organizational and economic measures pertinent ti the reforms taxation of private entities aimed at ensuring fairness and further positive development of tax system of Russia and Kazakhstan. The author determines the patterns in periodicity of conducting reforms, success and mistakes in their implementation from the perspective of the theory of taxation, tax regulation, and theory of reforms. The article proposes an algorithm for carrying out the reform of taxation, which can serves as a universal instrument for reforms of the entire tax system or its separate elements. The scientific novelty consists in the comprehensive study of the reforms of taxation of private entities based on the Russian, Kazakh and other foreign experience for the period from 1991 to 2020 within the framework of decennial cycle ended with the crises, which allowed detecting the merits and flaws and proposing a unique sequential algorithm for conducting taxation reform. Articulation and substantiation of the goals, as desired state of the system of taxation of private entities, vectors of its transformations and development, requires their precise formulation, quantification and implementation.

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