scholarly journals MODERN LEGISLATION REGULATING STATUS OF LEGAL ENTITY

THE BULLETIN ◽  
2021 ◽  
Vol 2 (390) ◽  
pp. 250-255
Author(s):  
K. S. Zhylkichieva ◽  
A. A. Kalybaeva ◽  
G. Zh. Koshokova
Keyword(s):  
Civil Law ◽  
Criminal Code ◽  
Civil Code ◽  
Kyrgyz Republic ◽  
Legal Entity ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Law ◽  
General Regulation ◽  
Legal Entities

The article analyzes using the normative and systematic methods, as well as analysis and synthesis, the content of the statements of Constitution of the Kyrgyz Republic, Civil Code of the Kyrgyz Republic, Criminal Code of the Kyrgyz Republic, the Law of the Kyrgyz Republic «About Normative Legal Acts of the Kyrgyz Republic», the Law of the Kyrgyz Republic «On the Regulations of the Jogorku Kenesh of the Kyrgyz Republic» and the works of the legal scholars. It examined the provisions of laws adopted for general regulation and concludes they are serious problems, because of them there is a "blurring" of the contour of the legislation on legal entities in the article. The publication supports the opinion of the authors of the Concept for Development, according to which the regulation of the status of legal entities in the civil legal field can be characterized by a set of the laws and regula-tions in force in the Kyrgyz Republic, which do not always correspond to each other, as well as to the Civil Code. The low legal and technical level and ineffectiveness in practice are also shown by some adopted laws. It noted the Civil Code of the Kyrgyz Republic, adopted on May 8, 1996, created the new foundation for the regulation of legal entities, which was supplemented by many new laws over the next decades in the article. The authors come to the conclusion the fairly honest assessment can be applied to the established regulation – that with the main vector of development of the Concept of Civil Legislation in Kyrgyzstan, in general, there is an economic, social and well-grounded the logic and generally justifiable modern civil law in relation to legal entities. But at the same time, for many problems, correct solutions have not yet been found and no efficiency ratings have been given.

scholarly journals THE HUNGARIAN LAWS ON BRINGING LEGAL ENTITIES TO CRIMINAL LIABILITY

2019 ◽  
Vol 8 ◽  
pp. 73-80
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Criminal Code ◽  
The European Union ◽  
Legal Entity ◽  
Criminal Procedure Law ◽  
The Law ◽  
Legal Entities

The article is dedicated to the issues of introduction of criminal liability of legal entities in Hungary. Attention is paid to the fact that the establishment of criminal liability of legal entities in this country has been largely caused by the need for bringing its national laws in compliance with the provisions of a number of acts of the European Union (EU) and its membership in the Organization for Economic Cooperation and Development (OECD). The Hungarian legal acts on criminal liability of legal entities are reviewed; the main of them are the special omnibus law On Measures Applicable to Legal Entities within the Framework of Criminal Law 2001 which came into effect on May 1, 2004, and contains provisions of criminal and criminal procedure law as well as the Hungarian Criminal Code 2012 which came into effect on July 1, 2013. It is indicated that under the Hungarian laws, a legal entity is a criminal liability subject criminal law measures are applicable to. At the same time, it is highlighted that not all legal entities can be held criminally liable. It is noted that criminal liability of legal entities is possible in case of any willful violation of the Hungarian Criminal Code by an individual acting in the interests of a legal entity in case of the presence of conditions stipulated by the law. Criminal law measures applicable to legal entities are named: liquidation, fine, restriction of activity. A conclusion is made that in Hungary, criminal liability of a legal entity is understood as application of criminal law measures to a legal entity by court in the course of a criminal procedure in the event of a willful crime (criminally punishable act) committed by an individual acting in the interests of the corresponding legal entity upon the presence of conditions stipulated by the law On Measures Applicable to Legal Entities within the Framework of Criminal Law 2001.

scholarly journals LEGAL ENTITIES AS THE MAIN PARTICIPANTS IN BUSINESS ACTIVITY IN RUSSIA AND CHINA

2019 ◽  
Vol 6 (4) ◽  
pp. 134-158
Author(s):  
O. Berzin ◽  
E. Shliagina
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
People’S Republic Of China ◽  
Business Activity ◽  
People's Republic Of China ◽  
Legal Entity ◽  
Republic Of China ◽  
The Russian Federation ◽  
The Law ◽  
Legal Entities

The legal entity is one of the most common forms of business activity in the Russian Federation and the People’s Republic of China. The regulation of legal entities in Russia and China has changed in recent years, which makes the study of this issue especially relevant. This article explores and compares the concept of business activity, the system of legal entities and several types of particular legal entities in regard to companies found in Russia and China. The research concludes that the system of legal entities in the Russian Federation has an exhaustive regulation that facilitates the interpretation of the civil legislation and allows distinguishing the relevant characteristics of any type of organization. In China, there was no unified system of legal entities until 2017. While the General Provisions of the Civil Law of the People’s Republic of China adopted in 2017 is a serious and important attempt to establish a system of legal entities, the law does not contain the essential characteristics of legal entities; additionally, a number of the provisions of the legal acts in force devoted to the regulation of the activities of legal entities have not yet been brought in line with the new law.

scholarly journals PROBLEMS OF CIVIL LEGAL PROTECTION AND DEFENSE OF BUSINESS REPUTATION OF A LEGAL ENTITY IN UKRAINE

2021 ◽  
Vol 76 (3) ◽  
pp. 33-38
Author(s):  
Olha Bondarenko ◽  
Keyword(s):  
Legal Protection ◽  
Legal Regulation ◽  
Civil Code ◽  
Scientific Study ◽  
The Internet ◽  
The European Union ◽  
Legal Entity ◽  
The Law ◽  
Business Entities ◽  
Legal Entities

The article considers topical issues related to civil law protection and protection of the business reputation of a legal entity in Ukraine. The right to business reputation belongs to a special group of civil relations, which requires scientific study and analysis, given that there is still no legislative enshrinement of the concept of business reputation of a legal entity in the Civil Code of Ukraine. And in the time of constant socio-economic development, the relevance of the definition and legal regulation of civil relations in the field of business reputation of legal entities is significant and important because business reputation is a certain assessment of the legal entity, based on conclusions about business qualities and moral personality, which are closely related to the activities of the business entity and their compliance with the requirements of the law and the proper performance of contractual obligations to partners. The purpose of the article is to analyze, compare and study the foreign experience of the European Union to determine the optimal concept of business reputation, and provide suggestions on how to solve existing problems of protection of business reputation in violation of the Internet in our country. During the study of the issue, the basic concepts of business reputation contained in the regulations of Ukraine were analyzed. It is established that the civil legislation does not contain a definition of the term «business reputation of a legal entity», which in turn complicates the process of legal protection and protection of the business reputation of business entities. Equally important is the issue of protection against damage to business reputation on the Internet, which now affects almost every aspect of modern society. Protecting business reputation on the Internet is significantly complicated by the lag in the development of Ukrainian legislation from the realities of information technology development. If there are more or less clear ways to protect the infringed personal non-property right in traditional print media, television, then there is virtually no special regulation of relations and protection of the law on the Internet. In conclusion, we note that at the legislative level, namely in the Civil Code of Ukraine there is no legal regulation of protection and protection against violations of the business reputation of legal entities on the Internet. The problem of implementing the mechanism of protection of business reputation of a legal entity in the courts of Ukraine is relevant and unresolved and as a result requires further scientific study.

scholarly journals Problems of Determining the Guilt of Legal Entities in Administrative Law

2021 ◽  
Vol 7 (5) ◽  
pp. 413-417
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Administrative Law ◽  
Civil Code ◽  
Legal Entity ◽  
Central Focus ◽  
Legal Science ◽  
The Russian Federation ◽  
Definition Of ◽  
Legal Entities

The problem of determining the guilt of a legal entity for an administrative offense is currently very relevant in legal science. This problem is the central focus of this work. However, in order to fully disclose the problem of determining the guilt of legal entities, the article highlights the problems that are associated with the concept of a legal entity and its essence. The presented paper lists the approaches to determining the essence of a legal entity. The concept of a legal entity in accordance with the Civil Code of the Russian Federation is given. The article analyzes the concept of a legal entity under civil law with the concept of an organization, which is defined in the science of sociology. This article gives the concept of a collective subject. And also, the correlation of the concept of a collective subject and the concept of a legal entity is considered. Further, the article identifies three main approaches to determining the guilt of legal entities in administrative law: subjective, objective and complex, and also expresses the opinion of the authors of the article about the approaches under consideration. The paper presents the author’s conclusions and possible solutions to problems related to the concept of a legal entity and the definition of the legal entity’s guilt in administrative law for administrative offenses.

scholarly journals Likums runā latviski: cīņas par juridisko valodu “Tieslietu Ministrijas Vēstneša” lappusēs

2021 ◽  
pp. 370-377
Author(s):  
Dina Gailīte ◽  
Keyword(s):  
Public Administration ◽  
Legal System ◽  
Civil Law ◽  
Criminal Code ◽  
Civil Code ◽  
The State ◽  
Penal Law ◽  
The Law ◽  
State Language

Until the establishment of the Latvian state, the Latvian language was not used in public administration, laws, and the legal system. After the establishment of the state, the Latvian language became the state language, and there was an urgent need to develop terminology in numerous spheres, including justice. The authors of the publications of the law journal “Tieslietu Ministrijas Vēstnesis” (Journal of the Ministry of Justice) actively participated in this process. The discussions about terminology of two major codes, the Penal Law (Criminal Code) and the Civil Law (Civil Code), were particularly extensive.

scholarly journals CIVIL LEGAL NATURE OF RELATIONS BETWEEN LEGAL ENTITY AND ITS FOUNDERS

THE BULLETIN ◽  
2021 ◽  
Vol 389 (1) ◽  
pp. 284-289
Author(s):  
K.S. Zhylkichieva ◽  
A.A. Kalybaeva ◽  
G.Zh. Koshokova
Keyword(s):  
Limited Liability ◽  
Kyrgyz Republic ◽  
Limited Liability Company ◽  
Bank Account ◽  
Legal Entity ◽  
Legal Nature ◽  
Analysis And Synthesis ◽  
The Law ◽  
State Registration ◽  
Authorized Capital

The article analyzes using the normative and systematic methods, as well as analysis and synthesis, the content of the statements of Civil Code of the Kyrgyz Republic, the Law of the Kyrgyz Republic "On economic partnerships and companies" and the Law of the Kyrgyz Republic "On state registration of legal entities, branches (representative offices)" and the works of Kyrgyz and Russian legal scholars. Within the framework of this article, the features of civil-legal nature of relations between legal entity and its founders are considered on the example of such legal entity as Limited Liability Company. The result of the authors' research is the statement – legal address of organization is determined in the decision to create legal entity, and is also established in all of its constituent documents. The legislation only stipulates when legal address changes, legal entity must notify state authorities about it. The authors come to the conclusion such lacuna in the legislation of the Kyrgyz Republic contributes to violation of rights of creditors of legal entity, since if it fails to fulfill obligations, it is rather difficult to find location of legal entity or location of its property. According to the authors, it is necessary to provide for minimum amount of authorized capital of legal entity in the norms of legislation and establish this capital should be placed in special bank account. Such decision will allow, firstly, to guarantee availability of any compensation to creditors for obligations of legal entity, and secondly, it will somewhat reduce number of registered such entities.

scholarly journals On the (finaly promulgated) new Hungarian Civil Code from 2013

2014 ◽  
pp. 337-346
Author(s):  
Attila Dudás
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Unsuccessful Attempt ◽  
Distinctive Features ◽  
The Status ◽  
History Of ◽  
The Subject ◽  
Legal Entities

After 15 years of codification of civil law, with one ?unsuccessful attempt? represented by the Civil Code from 2009, Hungary finally received a new Code in February, 2013. By its coming into force on March 15th, 2014, the Civil Code from 1959 finally ceased to exist which, regardless the fact that it has been amended more than 100 times, permanently bore the marks of the era in which it was conceived. The new Civil Code may be regarded as the first complete code in the history of codification of civil law in Hungary, since it comprises all classical branches of civil law. The completeness of the new Code is additionally reinforced by the fact that it is based on the principle of monism in the wider sense, meaning that besides unified rules on all contracts, commercial and non-commercial, it contains rules on the status of all legal entities as well. In contrast to the ?first? new Civil Code from 2009, the ?second? new Civil Code from 2013 represents an incomparably higher degree of compromise. Therefore, it has all the predispositions to be long-lasting and stable, which are the most important distinctive features of a solid civil law codification. In this paper the subject of analysis are the process of codification of civil law from 2009 until 2013 and the most important novelties of the new Civil Code.

scholarly journals CIVIL LAW REGULATION OF BANKRUPTCY (INSOLVENCY) OF A LEGAL ENTITY: CURRENT STATE OF RESEARCH

2021 ◽  
Vol 2 (53) ◽  
pp. 152-157
Author(s):  
 O.A. Maksimova ◽  
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Systematic Research ◽  
Legal Entity ◽  
Analysis And Synthesis ◽  
Market Management ◽  
State Of Research ◽  
Science Methodology ◽  
Law Regulation ◽  
Legal Entities

Subject. Problems of civil law regulation of bankruptcy of a legal entity in the conditions of market management in the Russian Federation. Topic. Civil law regulation of bankruptcy (insolvency of a legal entity: a modern research context. Goals. Identification of the state of research on the problem of legal regulation of the bankruptcy procedure of a legal entity in modern Russian civil law science. Methodology. The research uses general scientific methods of information analysis and synthesis, as well as the civil law method. Results. The main thematic areas of civil law research on the problem of legal regulation of bankruptcy of legal entities are identified and the results of comparative studies in the context of the regulation of their insolvency are evaluated. Scope of application. Scope of civil law regulation of bankruptcy (insolvency) of legal entities. Conclusions. The analysis of the degree of development of the problem of insolvency (bankruptcy) of legal entities in civil law science has shown the lack of systematic research. It can be stated that the contribution of civil law to the solution of the current problems of insolvency (bankruptcy) of legal entities in the last few years is scanty. Keywords: civil law, legal regulation, insolvency (bankruptcy), legal entities

scholarly journals The memorandum of association in the light of the provisions on contracts of the Hungarian Civil Code

2021 ◽  
Vol 55 (1) ◽  
pp. 335-359
Author(s):  
Máté Mohai
Keyword(s):  
Characteristic Feature ◽  
Civil Law ◽  
Civil Code ◽  
Legal Entity ◽  
The Law

The new Hungarian Civil Code regulates the memorandums of association of companies in its Third Book, while the Sixth Book contains the provisions of (other?) contracts. The memorandum of association is quite different from typical civil law contracts. Its most characteristic feature is that it establishes a legal entity. In most cases, the regulation of the memorandum of association is different from the provisions on contracts set out in the Civil Code, and there is no provision in the law according to which the latter should also be applied to the memorandum of association. But should they?

Concerning the abuse of power by an official

2020 ◽  
pp. 103-110
Author(s):  
Ihor Oheruk
Keyword(s):  
Criminal Code ◽  
Comprehensive Analysis ◽  
Practical Significance ◽  
Abuse Of Power ◽  
Government Functions ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
Criminal Legislation ◽  
Logical Semantic

Purpose. The purpose of the work is to analyze the application of the second and third parts of Article 3692 of the Criminal Code of Ukraine to officials in the context, that defines them by the Criminal Code of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Methodology. The methodology includes a comprehensive analysis and synthesis of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. In the course of the study, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative. Results: in the course of research the cause of criminalization of such act as "abuse of power" is considered, the subject of the specified criminal act which has the features of "an official" in the context, that defines it by the note to Article 364 of the Criminal Code of Ukraine is analyzed and the main ways of committing criminal acts, that are provided for in this article of the Criminal Code of Ukraine are identified. Originality. The study found, that one of the key conditions for the opportunity to influence officials, that are authorized to perform government or local self-government functions, is the position held by the official and the related opportunities. Therefore, taking into account the opinion of the scientists, that the subject of crimes, that are provided for by the second and third parts of Article 3692 is special, the peculiarities of which is the cumulative feature, that denotes, that such person is not endowed with the status of an official, well-founded need to specify the criminal legislation of Ukraine in terms of the application the second and third parts of Article 3692 of the Criminal code of Ukraine concerning officials in the context, that defines them by the criminal legislation of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Practical significance. The research results can be used in lawmaking in the improvement of anti-corruption legislation.

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