Еnforcement of Property Rights and Conractual Obligations

2003 ◽  
pp. 83-100 ◽  
Author(s):  
A. Radygin ◽  
R. Entov
Keyword(s):  
Property Rights ◽  
Legal Framework ◽  
Economic Consequences ◽  
Theoretical Approaches ◽  
Contractual Obligations ◽  
Regional Authorities ◽  
Practical Recommendations

The paper deals with theoretical approaches to the problems of property rights and contractual obligations and with analysis of economic consequences of the imperfect enforcement system. In particular, the authors consider Russian experience in the sphere of corporate conflicts. Legal and practical recommendations related to the improvement of legal framework, judiciary reform, executory process and different federal and regional authorities are also presented.

scholarly journals The Achievements, Problems and Prospects of Functioning and Circulation of Agricultural Receipts in Ukraine

2021 ◽  
Vol 2 (517) ◽  
pp. 273-279
Author(s):  
I. V. Abramova ◽  
Keyword(s):  
Comparative Analysis ◽  
Property Rights ◽  
International Finance ◽  
System Approach ◽  
Legal Framework ◽  
Financial Instruments ◽  
Agricultural Producers ◽  
State Register ◽  
Effective Instrument ◽  
Practical Recommendations

In present times, agrarian receipts are becoming increasingly popular among small agricultural producers. In parallel, the issues related to the improvement of the legal framework for their functioning and circulation, the incompleteness of the process of registration of property rights and lease agreements for land plots in the State Register of property rights to immovable property, low awareness of farmers with the mechanisms of circulation of these financial instruments appear to be relevant. The study is aimed at theoretical substantiating the problems, achievements and prospects associated with the functioning and circulation of agrarian receipts, as well as developing practical recommendations for improving this process. The study was carried out according to the general methodological scheme of the system approach. In the course of the study, the methods of comparative analysis, statistics-economic, abstract-logical, graphic, and some other methods were used. It is determined that the functioning of the five-year project «Agrarian Receipts in Ukraine», initiated by the International Finance Corporation (IFC), provided a powerful basis for the successful use of agrarian receipts. The peculiarities of functioning and circulation of agrarian receipts in agriculture of Ukraine are substantiated. A comparative analysis of the use of agrarian receipts and other credit instruments by agricultural producers is carried out. Problems are identified and advantages associated with the use of agrarian receipts are outlined. It is proved that agrarian receipts are an effective instrument for attracting relatively cheap credit resources by small and medium-sized agricultural producers. Registration of agrarian receipts speeds up the procedure for obtaining a loan; does not require additional collateral, since the collateral is the future crop; can be repaid by the products for which the loan was provided. It is determined that the improvement requires a mechanism of functioning of agrarian receipts in terms of increasing the period of their use, expanding the list of entities that can issue agrarian receipts, changing the collateral for agrarian receipt. Further research will be aimed at developing new and improving existing financial instruments of rural development.

scholarly journals SEPARATE ISSUES OF LEGAL REGULATION OF REGIONAL LEGISLATION

ASJ. ◽  
2020 ◽  
Vol 2 (42) ◽  
pp. 31-34
Author(s):  
K. Inalkaeva
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Practical Significance ◽  
Legal Consciousness ◽  
Legislative Process ◽  
Constitutional Court ◽  
Theoretical Approaches ◽  
Moral Attitudes ◽  
Implementation Problems

The purpose of the study is to analyze theoretical approaches to the mechanism for resolving legal conflicts, as well as to analyze its components, identify implementation problems and proposals for their elimination. The aim of the study is to improve the effectiveness of conflict prevention in draft laws, laws and other regulations. There is insufficient research on the procedure for adopting regional laws, organizing the work of regional parliaments, and public participation in the legislative process. We hope, if not to reveal, then at least to identify problematic issues that will find worthy researchers and solutions in the future. The paper notes the role of the constitutional Court of the Russian Federation as a subject of conflict-of-laws relations. It is concluded that the legislative process is directly related to the level of legal consciousness of the relevant subjects, moral attitudes, and awareness of their mission as creators of legislation. The practical significance of the research results provides a real opportunity for the competent authorities to take concrete measures aimed at removing corruption-related provisions from the regulatory legal framework.

scholarly journals SWOT analysis & privatization in Croatia

2006 ◽  
Vol 51 (168) ◽  
pp. 121-136 ◽  
Author(s):  
Ivo Druzic ◽  
Tomislav Gel
Keyword(s):  
Swot Analysis ◽  
Limited Liability ◽  
Transition Process ◽  
Legal Framework ◽  
Economic Consequences ◽  
Macro Level ◽  
Public Enterprises ◽  
Tax Havens ◽  
Holding Companies ◽  
Privatization Process

Legal framework for privatization in Croatia was based on two key laws: the Transformation Act of 1991, and the Privatization Act of 1993, amended in 1996. Early start of privatization process in 1990s in Croatia was marked by the transformation of socially-owned companies into stock holding companies or limited liability companies. The first step (1991-1993) of this process of almost 2700 companies which entered privatization was their evaluation and transformation into private ownership entities. The second step (1994- 1997) consisted of privatization of CPF portfolio. The portfolios change constantly, not only as a result of privatization but also because companies themselves change, as does their position in the market. The third step (1998) in the privatization process was voucher privatization. Privatization of large infrastructure and utility companies designated as public enterprises began in 1999 (Croatian Telecom) and INA in 2002 (public enterprises are privatized on the basis of separate laws). Attempts to discuss privatization in Croatia in terms of SWOT analysis have been motivated by the stark difference among Croatian professional economists in an appraisal of Croatia's performance during the transition process in general and of the privatization process in particular. Therefore we considered the elements of SWOT analysis to be an acceptable way to delve into the confusing world of bickering arguments on the state and perspective of the Croatia's privatization process. In this paper we have tried to provide an impartial approach by employing two criteria i.e. strength and weaknesses in judging the events and results of the privatization process in Croatia. Strength of the overall privatization process can be mostly ascribed to the institutional swiftness on micro as well as on macro level. On the micro level 80% of the companies were formally privatized in the first two years despite unfavorable external conditions comprising the economic consequences of war. On the macro level it took approximately three years to restructure and downsize CPF majority ownership in 2700 companies to majority ownership in just 70 companies. Overall weakness of the restructuring process is concentrated in a painfully slow emergence of sound business activity in market environment. The economic inefficiency of this model is reflected in the substitution of modern entrepreneurial capitalism, which was hoped for with retrograde rent seeking capitalism, typical of early capitalism in its transition from a feudal to an industrial environment two centuries ago. Instead of efficiency and development, it is characterized by the drain of liquid capital through inflated debts, false reserves and falsified claims and the tunneling of constant capital through "soft" loans into tax havens outside the country. Therefore, the solution is not to deal with the consequences, which are evident in various affairs that are treated as individual deviations of the more or less good model of privatization. The problem lies in the model itself.

scholarly journals International legal experience in combating illegal migration by sea

2021 ◽  
Vol 66 ◽  
pp. 284-287
Author(s):  
O.O. Kukshynova ◽  
A. O. Samoilenko
Keyword(s):  
European Union ◽  
Legal Framework ◽  
Legal Regulation ◽  
European Countries ◽  
The European Union ◽  
Illegal Migration ◽  
Illegal Migrants ◽  
Theoretical Approaches ◽  
The Impact ◽  
Treaty Of Amsterdam

This article highlights the impact of international law on the global process of illegal migration, reveals a number of international problems related to international migration, in particular by sea, identifies the main factors influencing illegal migration in general, indicates the state of illegal migration in various European Union countries. attention is paid to such important international legal instruments as the Schengen Agreement of 1985 and 1990, the Dublin Convention of 1990, the Maastricht Treaty of 1992 and the Treaty of Amsterdam of 1997. The article also focuses on the European Union agency, which deals with the protection of external borders and their protection from illegal migrants, in particular, by sea.The analysis of theoretical and practical aspects of combating illegal migration by sea at the international level, as well as in the development of scientific and theoretical approaches to solving migration problems, characterizes the legal regulation of combating illegal migration by maritime transport and maritime participation established intergovernmental bodies. The main tools of the European Union to combat illegal migration by sea, which can be used to improve the legal regulation of migration authorities of other countries, as well as substantiate the organizational and legal framework of European countries in the field of legal support to combat illegal migration by sea.The actions of European states represented by the relevant state bodies in solving the problems of illegal migration with the help of merchant fleets of European countries are studied. The article pays attention to the influence of illegal migration on the formation and change of legal awareness of society, as the beginning of the formation of criminogenic factors among illegal migrants in the host country.

scholarly journals IMPROVEMENT OF THE DIGITAL TRANSFORMATION STRATEGY OF BUSINESS ON THE BASIS OF DIGITAL TECHNOLOGIES

2019 ◽  
Vol 6 ◽  
pp. 10-18
Author(s):  
Pavlo Hrynko
Keyword(s):  
Structural Model ◽  
Human Resources Management ◽  
Digital Economy ◽  
Digital Transformation ◽  
Enterprise Management ◽  
Theoretical Approaches ◽  
Digital Development ◽  
Digital Strategy ◽  
Characteristic Features ◽  
Practical Recommendations

This paper is a theoretical and methodological substantiation of the provisions for the transformation of business in the digital economy and the development of practical recommendations for the formation of an organization’s digital strategy. The characteristic features of changes in consumer behavior that contribute to improving the business management model in the digital economy through the development and implementation of a digital strategy are highlighted. The relevance of theoretical and methodological recommendations and organizational provisions of compositional management and the creation of a fundamentally new enterprise management subsystem are substantiated. Theoretical approaches to improving the organizational structure of enterprises in the digital economy are investigated. The goal and main trends in the field of human resources management are identified, which must be taken into account when forming the organization's digital strategy. The research models of the roadmap of digital transformation of the business, as well as the structural model of the digital development of the business model of the enterprise are presented.

Economic and Social Rights Lost in Transition

2020 ◽  
Vol 2(22) ◽  
pp. 63-73
Author(s):  
Davor Trlin
Keyword(s):  
World War Ii ◽  
Property Rights ◽  
Social Order ◽  
Legal Framework ◽  
Former Yugoslavia ◽  
Self Management ◽  
New Democracies ◽  
Social Rights ◽  
World War ◽  
Basic Reason

All European constitutions after World War II expressed their commitment to economic and social rights. Those countries that began building socialist social order after the war specially emphasized those rights. After the break-up of the “socialist paradigm” and the establishment of “new democracies”, constitutional leaders have taken a new stance towards the socio-economic group. This is the process that did not bypassed countries formed by dissolution of Yugoslavia. We will analyse specially what is left of the constitutional experiment of self-management. Nowadays, there is no workers’ participation in place in any of the countries that emerged after the breakup of the former Yugoslavia, neither as a system nor as a practice of having consultations within companies with the aim to address specific technological, organisational and social problems. There are several reasons for this, but the basic reason is that politicians still believe that workers’ participation was created as part of the ideological apparatus of the former socialist system. By way of property rights and small shareholding, the laws opened the way to participation, and the legal framework could continue to develop.

The Neoliberal State

2005 ◽  
Author(s):  
David Harvey
Keyword(s):  
Property Rights ◽  
Free Trade ◽  
Common Property ◽  
Private Property ◽  
The State ◽  
Free Markets ◽  
Private Property Rights ◽  
Role Of The State ◽  
Contractual Obligations ◽  
Political Form

The role of the state in neoliberal theory is reasonably easy to define. The practice of neoliberalization has, however, evolved in such a way as to depart significantly from the template that theory provides. The somewhat chaotic evolution and uneven geographical development of state institutions, powers, and functions over the last thirty years suggests, furthermore, that the neoliberal state may be an unstable and contradictory political form. According to theory, the neoliberal state should favour strong individual private property rights, the rule of law, and the institutions of freely functioning markets and free trade. These are the institutional arrangements considered essential to guarantee individual freedoms. The legal framework is that of freely negotiated contractual obligations between juridical individuals in the marketplace. The sanctity of contracts and the individual right to freedom of action, expression, and choice must be protected. The state must therefore use its monopoly of the means of violence to preserve these freedoms at all costs. By extension, the freedom of businesses and corporations (legally regarded as individuals) to operate within this institutional framework of free markets and free trade is regarded as a fundamental good. Private enterprise and entrepreneurial initiative are seen as the keys to innovation and wealth creation. Intellectual property rights are protected (for example through patents) so as to encourage technological changes. Continuous increases in productivity should then deliver higher living standards to everyone. Under the assumption that ‘a rising tide lifts all boats’, or of ‘trickle down’, neoliberal theory holds that the elimination of poverty (both domestically and worldwide) can best be secured through free markets and free trade. Neoliberals are particularly assiduous in seeking the privatization of assets. The absence of clear private property rights––as in many developing countries––is seen as one of the greatest of all institutional barriers to economic development and the improvement of human welfare. Enclosure and the assignment of private property rights is considered the best way to protect against the socalled ‘tragedy of the commons’ (the tendency for individuals to irresponsibly super-exploit common property resources such as land and water).

Contract amendments: for better or for worse?

2019 ◽  
Vol 32 (6) ◽  
pp. 635-652
Author(s):  
Deanna Malatesta ◽  
Craig Smith
Keyword(s):  
Property Rights ◽  
Professional Service ◽  
Governance Structures ◽  
Initial Finding ◽  
Decision Rights ◽  
Content Type ◽  
Supplier Integration ◽  
Service Contracts ◽  
Theoretical Approaches ◽  
Ex Post

PurposePublic management researchers have successfully leveraged theory to advance the understanding of contracts and the different governance structures that underpin contract relationships. Yet there is still much to learn about the implications for different governance structures. Applying insights from property rights, the purpose of this paper is to examine the substance of initial government contracts and their subsequent amendments in order to determine whether allocation of decision rights leads to better or worse contract amendments.Design/methodology/approachThe authors evaluate the text of initial contracts and their subsequent amendments in 258 government–business relationships and focus on the implications of assigning key decision rights to the party with most relevant knowledge expertise.FindingsTwo primary findings are presented. First, initial contracts where knowledge expertise and the associated decision rights are co-located (i.e. integrated) are likely to be associated withex postadjustments that benefit both parties to the contract. Second, the authors find that this initial finding is likely a result of government integration as opposed to supplier integration.Originality/valueGiven that we know most professional service contracts require some form of contract amendment over time, this research helps us understand why some amendments will reinforce the collaborative (Pareto enhancing) nature of the relationship, while others may be more one sided (rent seeking). Unlike other theoretical approaches (e.g. transaction cost theory), property rights theory provides guidance for such decision making.

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