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 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 CUSTOMS OFFICIALS’ ADMINISTRATIVE LIABILITY FOR THE VIOLATION OF THE PROCEDURE OF INFORMATION PROVISION: PROBLEMATIC ASPECTS OF LEGAL REGULATION

2020 ◽  
pp. 17-26
Author(s):  
Ilona Mishchenko
Keyword(s):  
Public Information ◽  
Information Provision ◽  
Legal Regulation ◽  
Legal Entity ◽  
Legal Provisions ◽  
The Law ◽  
Administrative Responsibility ◽  
Prompt Response ◽  
Legal Entities

The article considers the problematic issues of bringing to administrative responsibility Ukrainiancustoms officials for violation of customs subjects’ information rights. The consequences ofnon-fulfilment and/or improper fulfilment of the Customs Code of Ukraine on advising on thepractical application of certain provisions of customs legislation, as well as on the improperproviding of information on customs rules to interested persons are analyzed. The grounds andpossibilities of bringing to administrative responsibility for violation of the procedure of customsconsulting and informing by customs authorities are compared. The legal provisions on suchliability are compared, depending on whose right (individuals or legal entities) to informationhas been violated by customs officials. The procedural features of bringing customs officers tosuch responsibility are analyzed, including the factors that complicate or make it impossible tobring them to justice. The author concludes that it is actually impossible to bring customs officialsto administrative responsibility for failure to provide customs advice, if it is initiated by a legal entity. These legal relations do not belong to the scope of the Law of Ukraine “On Citizens’Appeals”. It is emphasized the possibility of applying administrative penalties to customs officialsonly for violation of provisions of the Law of Ukraine “On Access to Public Information” inthe context of informing about customs rules. Based on the analysis of statistics, a conclusionabout the inefficiency of the entities authorized to draw up protocols on administrative offensesunder Article 212-3 of the Code of Administrative Offenses of Ukraine is made. The reasons ofthe inefficiency are the small number of such entities compared to the number of offenses, lackof prompt response for notification of violations, complicated procedure for such response, etc.The author proves the invalidity of some provisions of the Customs Code on the responsibility ofcustoms officials and suggests ways to solve this problem.

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 PROBLEMS OF LEGAL REGULATION OF LEGAL ENTITIES IN KAZAKHSTAN

2016 ◽  
Vol 1 (6) ◽  
pp. 0-0
Author(s):  
Майдан Сулейменов ◽  
Maydan Suleymenov
Keyword(s):  
General Meeting ◽  
Legal Regulation ◽  
Civil Code ◽  
The State ◽  
Corporate Body ◽  
The Law ◽  
The Republic ◽  
In Virtue Of ◽  
Legal Entities

This article deals with the issues related to the establishment of the legislation on legal entities in Kazakhstan, beginning with the 1991 Law on Enterprises and ending with the Laws enacted on the basis of the Civil Code of the Republic of Kazakhstan. Further, the article resolves most topical issues regarding legal regulation of legal entities. Considerable attention is paid to the concept of corporation and corporate relations. On the basis of the analysis of disputable viewpoints the author arrives at the conclusion that corporate relations constitute a part of the in-house relations regulated by civil standards. This is possible in virtue of the fact that the General Meeting is not a corporate body; rather it serves as an expression of the incorporators’ will. The article also tackles the issues on regulation of the activities of state legal entities, in relation to which the Law on the State Property is adopted in the Republic of Kazakhstan.

scholarly journals The Procedure for Distribution of Discovered Property of a Liquidated Legal Entity (Legal Aspects)

JURIST ◽  
2020 ◽  
Vol 12 ◽  
pp. 34-39
Author(s):  
Vasiliy A. Laptev ◽  
Keyword(s):  
Legal Regulation ◽  
Legal Aspects ◽  
Legal Entity ◽  
Legal Implications ◽  
The Law ◽  
Domestic Law ◽  
Legal Entities

As a result of the reform of the law on legal entities in Russia in 2014, the procedure for the distribution of property of a liquidated legal entity in court was established, which previously did not have legal regulation in domestic law. This article discloses the prerequisites for the introduction of this institution, the procedure and procedural aspects of its implementation. The legal implications of the appointment and completion of the procedure are considered. It provides an overview of jurisprudence and identifies how it can be developed.

scholarly journals Some aspects of establishing the conformity of an industrial design to the criteria for protection

2021 ◽  
pp. 27-38
Author(s):  
Oleksandr Doroshenko ◽  
Liudmyla Rabotiahova
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Industrial Design ◽  
Legal Protection ◽  
Step Test ◽  
The Internet ◽  
The European Union ◽  
Administrative Procedure ◽  
Individual Character ◽  
The Law

Keywords: registered industrial designs, novelty, individual character, administrativeprocedure, invalidity The new edition of the Law of Ukraine «On the Protection of Rights to Industrial Designs» No. 3770-XII,adopted on October 14, 2020, introduced significant changes to the regulation of thelegal protection of industrial designs. The basic norms of the law were harmonizedwith the articles 212−217 Chapter 9 «Intellectual Property» of the Association Agreementbetween Ukraine, on the one hand, and the European Union, the EuropeanAtomic Energy Community and their Member States, on the other hand. The conceptsof «individual character», «the overall impression», «the informed user» and «thedegree of freedom of the designer», «the circles specializing in the relevant industry»have been introduced into the sphere of legal protection. These concepts were not previouslyused in the legislation of Ukraine. The article analyzes the content of theseconcepts on the basis of European law enforcement practice, Decision of the EuropeanUnion Intellectual Property Office Board of Appeal, Judgment of the Court of Justiceof the European Union и Judgment of the General Court of the European Union. Inaccordance with the new edition of the Law, an industrial design can be declared invalidin an administrative procedure. Authors reviewed the administrative procedure for establishing the conformity of a registered industrial design to the criteria for protection(a novelty and an individual character). A registered industrial design shall beconsidered to be new, if no identical design has been previously disclosed to the publicand to have an individual character if the overall impression it produces on the informeduser differs from the overall impression produced on such a user by any previouslydisclosed design. A design shall be deemed to have been made available to thepublic (i) if it has been published following registration or otherwise, or exhibited,used in trade or otherwise disclosed, (ii) except where these events could not reasonablyhave become known in the normal course of business to the circles specializing inthe relevant industry in Ukraine. Authors analyzed this two-step test. Particular attentionwas paid to the disclosure of industrial designs as a trade mark, copyrightwork, patent, utility model or otherwise on the Internet. Criteria for assessing disclosureof designs on the internet considered.

scholarly journals On the issue of codification of legislation in the field of intellectual property

2021 ◽  
pp. 74-81
Author(s):  
Andrii Shabalin
Keyword(s):  
Intellectual Property ◽  
Legal Protection ◽  
Legal Regulation ◽  
Civil Code ◽  
Intellectual Property Right ◽  
Scientific Article ◽  
The European Union ◽  
Positive Meaning ◽  
History Of ◽  
Legal Concepts

Keywords: intellectual property right, codification, legislation, The Civil Code ofUkraine This scientific article examines the issue of the need to create aspecial code of intellectual property in Ukraine. For a full-fledged and objective study,an analysis was made of the history of Ukrainian legislation in the field of intellectualproperty, foreign models of legal regulation of intellectual property rights, especiallyEuropean legal experience, were also investigated. The author supports the positionregarding the creation in Ukraine of the Intellectual Property Code, the analogueof which exists in Italy and France. Based on the study of Ukrainian and foreign legalsystems, the author defines the main criteria for creating an intellectual propertycode: Legal and organizational criteria are defined. The author points out the need toimplement the European legislative practice, the jurisprudence of the EuropeanCourt of Human Rights and the Court of Justice of the European Union on judicialcases in the field of intellectual property into the code. This vector of implementationwill have a positive meaning for the adaptation of the Ukrainian legislative system toEuropean democratic standards in the field of legal regulation, legal protection of intellectualproperty rights. The author pays special attention to the need to harmonizethe intellectual property code with the Civil Code of Ukraine and procedural legislationin order to level the negative legal consequences in legal practice in the field ofintellectual property; also in the IP Code shall contain the following provision or requirements,which contained universal definitions of legal concepts in the field of intellectualproperty. Based on the conducted scientific analysis, the author points outthe need for the existence of the Ukrainian code of intellectual property and speciallaws in the field of intellectual property. It follows from this that there is a need forlegal regulation of individual legal relations (objects of law) in the field of intellectualproperty law. The author points out that such a legal system corresponds to the modelof legal regulation of the field of intellectual property that exists in the EuropeanUnion.

scholarly journals Adjustment of the Foundation's Articles of Association Judging from the Law Enforcement Perspective

2019 ◽  
Vol 1 (2) ◽  
pp. 73-86
Author(s):  
Fitri Pratiwi Rasyid ◽  
Audyna Mayasari Muin
Keyword(s):  
Law Enforcement ◽  
Business Activity ◽  
Legal Entity ◽  
The Social ◽  
The Law ◽  
Business Entities ◽  
Legal Entities

According to Indonesia Foundation Law, No. 16/ 2001, as amended by Law No. 28/2001, article 1(1) stipulates that Foundation is a legal entity that has separated assets to achieve specific objectives in the social, religious, and humanitarian fields, which has no members. Importantly, this regulation has required a Foundation to have legal entities status. In fact, some Foundations in Indonesia have existed, and continuously functioning performs business activity without having legal entities status. This phenomenon should be banned as clearly regulated in the Law that foundations shall not be drawn on as platforms of business unless through other business entities. Keywords: Foundation, Articles of Association.

INHERITANCE OF THE PROPERTY OF A MEMBER OF A PEASANT (FARMER) FARM

2021 ◽  
Author(s):  
Татьяна Алексеевна Безгодкова ◽  
Людмила Дмитриевна Туршук
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Civil Code ◽  
Peasant Farmer ◽  
Legal Entity ◽  
The Russian Federation

В статье рассматриваются проблемы правового регулирования наследования имущества члена крестьянского (фермерского) хозяйства. КФХ может существовать в двух формах: как юридическое лицо и без образования юридического лица. ГК РФ определяет порядок перехода по наследству имущества лишь КФХ без образования юридического лица. The article deals with the problems of legal regulation of inheritance of property of a member of a peasant (farmer) farm. PFF can exist in two forms: as a legal entity and without the formation of a legal entity. The Civil Code of the Russian Federation defines the procedure for the inheritance of property only in a farm without the formation of a legal entity.

Dispositive Model of Active Legal Capacity of People with Mental Disabilities in France and Quebec in the Context of the Russian Civil Code Reform (Part II)

2021 ◽  
pp. 80-87
Author(s):  
Terdi E. S. ◽  
◽  
Skrynnik I. K. ◽  
Keyword(s):  
Mental Disorder ◽  
Legal Protection ◽  
Legal Regulation ◽  
Civil Code ◽  
Point Of View ◽  
Legal Capacity ◽  
Persons With Disabilities ◽  
Legal Norms ◽  
Leading Role ◽  
Legal Method

The article is devoted to the problem of the inconsistency of the Russian imperative model of active legal capacity, according to which the content of active legal capacity in case of its restriction due to mental disability of a person is prescribed by the law, to the Convention on the Rights of Persons with Disabilities ratified by Russia in 2012. The purpose of the paper is to demonstrate the shortcomings of the imperative model, the main of which is the lack of authority of the Russian court to individually determine the consequences of restriction of active legal capacity of a person due to mental disorder, taking in account degree of actual decrease of his cognitive and volitional abilities. This purpose is achieved by the consistent implementation of the following tasks. First of all, characteristic of the Russian imperative model of active legal capacity is given. Secondly, the French dispositive model of legal capacity is described. In this model the forms of legal protection, but not the categories of active legal capacity, incapacitation and restricted active legal capacity are the backbone concepts for the legal regulation of this group of relationship. It is noted that under the influence of the Convention on the Rights of Persons with Disabilities the more progressive, from the point of view of international law, forms of this model are stipulated in many foreign countries. Thirdly, the evolved form of the French dispositive model of active legal capacity, implemented in the Bill 18 «An Act to amend the Civil Code, the Code of Civil Procedure, the Public Curator Act and various provisions as regards the protection of persons», that was adopted by the National Assembly of Quebec in 2 June 2020, is analyzed. The main advantage of the latter is that the court, establishing the form of protection, is not bound by the legal norms that imperatively determine the content of active legal capacity of a person with mental disorder. The court is able, based on the cognitive and volitional abilities of particular person, to individually determine which acts person can perform by himself, alone or with the assistance of the tutor, and which one can be performed by the tutor only. The objectives of the study determine the leading role of the comparative legal method in its implementation. The provided research makes possible to assess the perspectives of borrowing of French or Quebec dispositive models of active legal capacity of people with mental disorder by the Russian legislator.

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