scholarly journals РОЛЬ ГОСПОДАРСЬКИХ ІНТЕРЕСІВ У ПРАВОВІЙ РЕГЛАМЕНТАЦІЇ ГОСПОДАРСЬКИХ ВІДНОСИН І ВИРІШЕННІ ГОСПОДАРСЬКИХ КОНФЛІКТІВ

2019 ◽  
Vol 15 ◽  
pp. 90-98
Author(s):  
Л. М. Ніколенко ◽  
Н. В. Іванюта
Keyword(s):  
Economic System ◽  
Theoretical Study ◽  
Economic Interest ◽  
Priority Areas ◽  
Proper Functioning ◽  
The Law ◽  
Definition Of

У статті проведено теоретичне дослідження поняття господарського інтересу в аспекті правового забезпечення якісного функціонування господарської системи, його впливу на позначення пріоритетних напрямів, визначення характеру співвідносності з галузями права.   In this article a theoretical study of the concept of economic interest in the aspect of legal support the proper functioning of the economic system and its impact on the designation of priority areas, the definition of the nature of the relations with the branches of the law.

scholarly journals ECONOMIC INTEREST OF AN ENTERPRISE IN ECONOMIC SECURITY CONCEPT

2021 ◽  
Vol 137 (3) ◽  
pp. 107-116
Author(s):  
BOGMA Olena ◽  
SILAKOVA Hanna
Keyword(s):  
Economic System ◽  
Economic Security ◽  
Economic Interest ◽  
Economic Activities ◽  
Economic Interests ◽  
Dual Nature ◽  
Theoretical Substantiation ◽  
Economic Needs ◽  
Definition Of ◽  
The Impact

Background. Ensuring the necessary and sufficient level of economic security is one of the most important issues for any enterprise. The conceptual bases of the theory of eco­nomic safety of the enterprise defines the strategy, tactics and mechanism of its maintenance, so it is very important to understand the essence of "economic interest" concept. The aim of the article is to clarify the content of the "economic interest of the enter­prise" concept and systematize the main essential characteristics of the definition. Materials and мethods. The questions of theoretical substantiation of the research object are based on general and special methods of cognition such as historical, abstract-logical and comparative. Methods of analysis and synthesis, analogies, system approach are used as a concept to determine the essential characteristics of the definition of"eco­nomic interest of the enterprise". Method of theoretical generalization and formulation of deductions have been used to draw conclusions. Results. Studies of the terminological principles of determining the economic inte­rest of the enterprise have established a large number of scientists’ opinions on the content of this concept. They are grouped into five main approaches – the appropriate goal; certain material (non-material) good; the need or system of needs of the entity; expression of rela­tions between the respective subjects; motivation and stimulus of the subject. Therefore, it is proposed to consider the economic interests of the enterprise, based on the awareness of their carriers of their own economic needs. The study clarified the main essential cha­racteristics of "economic interest of the enterprise" the concept, which includes the fact that economic interests are a form of manifestation of economic needs; personalized and sub­jec­tive nature of economic interests; focus on obtaining various benefits; awareness of the impact of media on the economic system and economic processes; dual nature of economic interests. Conclusion. We clarified the definition of economic interests of the enterprise. It is proposed to consider the concept as the perceived needs of their carriers, which can be met through economic activities and encourage them to influence directly or indirectly the com­ponents of the domestic economic system in order to obtain certain benefits.

scholarly journals The Issues of the Formation of the Common Economic Interest in the Russian Economic System

2019 ◽  
pp. 34-43
Author(s):  
Aleksej Tsikin
Keyword(s):  
Economic System ◽  
Middle Ages ◽  
Rapid Development ◽  
Environmental Safety ◽  
Economic Interest ◽  
Economic Interests ◽  
Economic Relations ◽  
The Common ◽  
Definition Of ◽  
Modern Russian

The article is devoted to studying the theory of economic interests on the basis of the retrospective analysis of the works of the main economic school representatives, modern Russian and foreign scientists. The aim of the work is to elaborate the concept of the common economic interest in the modern Russian economic system. To achieve this aim, the author conducted the development analysis of the relevant methodological approaches to the study of economic relations, identified the most relevant concepts and proposed the concept interpretations of the national economic system priorities. It is established that the evolution of the theory of economic interests is directly related to the world economy development. In the current conditions, approaches related to absolutization of state (characteristic of the Late Middle Ages) or private (used during the rapid development of the market) interests are not applicable to achieve the common economic interest. Today, the theory introduces the factors of uncertainty, limited knowledge, explores real and perceived interests, and increases the role of social security and environmental safety. The analysis carried out in the work indicates the need to include social, innovative, technological, labor, infrastructure, institutional priorities, as well as self-sufficiency of the economy in the definition of the common economic interest. The results of the work can be used in developing strategies to improve the competitiveness of the Russian economy.

8. Redundancy, reorganization, and transfers of undertakings

2019 ◽  
pp. 569-648
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Job Security ◽  
Economic Interest ◽  
Employment Contract ◽  
Hard Times ◽  
The Law ◽  
General Economic Interest ◽  
Definition Of ◽  
Conditions Of Work

This chapter discusses issues concerning an employer facing hard times or stiff competition, which may need to sell or contract out part of its operation, dismiss some employees, or change the terms and conditions of work. It tackles these situations together both for the practical benefit of grouping issues that arise from similar factual settings and for the analytical coherence of dealing together with protections designed to balance worker interests in job security with the general economic interest in lean, efficient, and flexible enterprise. The statutory definition of ‘redundancy’ is examined and is contrasted with termination of employment, or change in terms of employment, for other economic reasons. The chapter then deals with statutory redundancy payments and collective consultation on collective dismissals (whether for redundancy or other reasons). The discussion then focuses on distinctions in how tribunals assess the fairness of redundancy dismissals as opposed to other dismissals caused by reorganization which are categorized as being for ‘some other substantial reason’. Finally, the chapter addresses the law governing the transfer of undertakings, or ‘TUPE’, covering the transfer to the new employer of individual and collective relationships, the protection of existing terms and conditions, and the legality of transfer-related dismissals and transfer-related changes to the employment contract.

Peranan Hukum Dalam Pembangunan Ekonomi Negara Menurut Pandangan Ibnu Khaldun

Al-Risalah ◽  
2018 ◽  
Vol 11 (02) ◽  
pp. 75
Author(s):  
M Lohot Hasibuan
Keyword(s):  
Economic System ◽  
National Economy ◽  
External Factors ◽  
Economic Productivity ◽  
Law System ◽  
The Law ◽  
Almost All

 The law is no longer a record of behaviors which shape  the live of society; instead the law is expected to reveal the new  powers which expect the prosperity of the society. As the result,  almost all aspects of life are tied by law. The law should also realize  that there are external factors which effect the law and in the  application in reality. In that way, when designing the law policy,  the designer needs to consider some aspects such as psychology,  sociology,  and  geography.  Concerning  on  the  development  of  national economy, Ibnu Khaldun stated that law system should be  based on religion rule for the reason that the law will organize the  economic  system  well  to  be  balance  and  develop  the  economic  productivity 

scholarly journals What is a firm? A reply to Jean-Philippe Robé

2021 ◽  
pp. 1-11
Author(s):  
Simon Deakin ◽  
David Gindis ◽  
Geoffrey M. Hodgson
Keyword(s):  
Theory Of The Firm ◽  
Recent Book ◽  
Everyday Language ◽  
Modern Capitalism ◽  
Legal Foundations ◽  
Common Parlance ◽  
The Law ◽  
Business Entities ◽  
Definition Of ◽  
The Way

Abstract In his recent book on Property, Power and Politics, Jean-Philippe Robé makes a strong case for the need to understand the legal foundations of modern capitalism. He also insists that it is important to distinguish between firms and corporations. We agree. But Robé criticizes our definition of firms in terms of legally recognized capacities on the grounds that it does not take the distinction seriously enough. He argues that firms are not legally recognized as such, as the law only knows corporations. This argument, which is capable of different interpretations, leads to the bizarre result that corporations are not firms. Using etymological and other evidence, we show that firms are treated as legally constituted business entities in both common parlance and legal discourse. The way the law defines firms and corporations, while the product of a discourse which is in many ways distinct from everyday language, has such profound implications for the way firms operate in practice that no institutional theory of the firm worthy of the name can afford to ignore it.

Consent after the House of Lords: Taking and leading astray the Law of Theft

Legal Studies ◽  
1993 ◽  
Vol 13 (3) ◽  
pp. 308-322
Author(s):  
Mitchell C. Davies
Keyword(s):  
Criminal Law ◽  
House Of Lords ◽  
The Law ◽  
Definition Of ◽  
Specific Definition

The objectives of the Criminal Law Revision Committee when drafting the radical reforms proposed by the 1966 Theft Bill were described by a contemporary commentator2 as being: ‘. . . to do away with the more embarrassing and restrictive technicalities of the existing law . . .’In the same place it was observed that the Committee faced a choice between creating a specific definition of the various theft offences and their elements, or one whose generality would allow it to evolve to meet the challenges presented by ever more complex and sophisticated dishonest dealing.

Correction to a definition of negation

1984 ◽  
Vol 49 (1) ◽  
pp. 47-50 ◽  
Author(s):  
Frederic B. Fitch
Keyword(s):  
Fixed Point ◽  
Personal Communication ◽  
The Other ◽  
Transfinite Induction ◽  
Original Form ◽  
Basic Logic ◽  
Double Negation ◽  
Original Letter ◽  
The Law ◽  
Definition Of

In [3] a definition of negation was presented for the system K′ of extended basic logic [1], but it has since been shown by Peter Päppinghaus (personal communication) that this definition fails to give rise to the law of double negation as I claimed it did. The purpose of this note is to revise this defective definition in such a way that it clearly does give rise to the law of double negation, as well as to the other negation rules of K′.Although Päppinghaus's original letter to me was dated September 19, 1972, the matter has remained unresolved all this time. Only recently have I seen that there is a simple way to correct the definition. I am of course very grateful to Päppinghaus for pointing out my error in claiming to be able to derive the rule of double negation from the original form of the definition.The corrected definition will, as before, use fixed-point operators to give the effect of the required kind of transfinite induction, but this time a double transfinite induction will be used, somewhat like the double transfinite induction used in [5] to define simultaneously the theorems and antitheorems of system CΓ.

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

scholarly journals Criminal Liability and Crime and Punishment Proportionality in the Crime of Legal Entities

2016 ◽  
Vol 9 (6) ◽  
pp. 61
Author(s):  
Samira Soltani ◽  
Ahmad Ramazani
Keyword(s):  
Criminal Liability ◽  
Penal Code ◽  
Legal Person ◽  
The Public ◽  
Crime And Punishment ◽  
Economic Exclusion ◽  
The Law ◽  
Definition Of ◽  
Legal Entities ◽  
The Way

One of the innovations of Islamic Penal Code in 2013 was to accept criminal liability of legal entities. By accepting criminal liability of legal entities, the way to punish them is arisen. As a legal person cannot commit any crime, any punishments are not applicable to them. Accordingly, Article 20 of this Law enumerated a list of penalties applicable to legal persons and it was tried to use penalties in accordance with the legal entities to deal with them. Punishments such as dissolution, confiscation, cash fine, announcement of the judgment, Diyeh, social and economic exclusion; such as a ban on business activities, prohibition of the public invitation to raise capital and ban from drawing business documents listed in Article 20 and Article 14, are a set of punishments which relatively different from usual punishment for individuals. These penalties are relative diversity, but what is objectionable is that the details and conditions of implementation of each of these punishments are not clear. If legislator described the details exactly or provided the condition to require the adoption of The Executive Bylaw of the punishment, it would be better. Given that all the points and issues about penalties for legal persons are not stated in this law as well as ambiguities in the law for a comprehensive definition of legal person, the way to implement main and supplementary punishments, In this study it was tried to evaluate and criticize the legal entities penalties including main and supplementary ones and their grading.

scholarly journals The redirection of attacks by defending forces

2021 ◽  
pp. 1-18
Author(s):  
Tsvetelina van Benthem
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Prima Facie ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Law Of Armed Conflict ◽  
The Law ◽  
Definition Of ◽  
The Relationship

Abstract This article examines the redirection of incoming missiles when employed by defending forces to whom obligations to take precautions against the effects of attacks apply. The analysis proceeds in four steps. In the first step, the possibility of redirection is examined from an empirical standpoint. Step two defines the contours of the obligation to take precautions against the effects of attacks. Step three considers one variant of redirection, where a missile is redirected back towards the adversary. It is argued that such acts of redirection would fulfil the definition of attack under the law of armed conflict, and that prima facie conflicts of obligations could be avoided through interpretation of the feasibility standard embedded in the obligation to take precautions against the effects of attacks. Finally, step four analyzes acts of redirection against persons under the control of the redirecting State. Analyzing this scenario calls for an inquiry into the relationship between the relevant obligations under international humanitarian law and human rights law.

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