Some problematic aspects of questions put to the forensic experts concerning overdraft for legal entities

2021 ◽  
pp. 188-197
Author(s):  
Y. Pertsovych
Keyword(s):  
Comprehensive Analysis ◽  
Classification Criteria ◽  
Practical Significance ◽  
Working Capital ◽  
Basic Principles ◽  
Expert Report ◽  
Market Relations ◽  
Logical Semantic ◽  
Standard List ◽  
Legal Entities

Considering the fact, that within the bounds of current market relations the sufficient sum of the working capital is predominant for a high competitiveness of a legal entity, the purpose of the article is to cover some problematic issues in drawing up an expert report on cases, regarding overdraft for legal entities. Methodology. The methodology of this article includes an effective comprehensive analysis, generalization of available scientific and theoretical material and forming relevant conclusions and recommendations. The following methods of scientific research have been used during the study: terminological, logical-semantic, functional, systemic-structural, logical-normative. Results. In the course of the research some main problematic aspects of questions put to the forensic experts concerning overdraft for legal entities were identified. A standard list of documents required to obtain an overdraft has been compiled, as well as the list of basic principles, on which the requirements to the borrower are based. Scientific novelty. The scientific novelty of the research is demonstrated through the thoughtful clarification and complementation and determining of the overdraft classification criteria, compilement of the list of documents required to obtain it, as well as the list of basic, fundamental principles, on which the primary requirements to the borrower are based. Practical significance. The significant results of the study can be used by forensic experts in economic forensic investigations in drawing up expert reports on cases, regarding overdraft for legal entities.

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.

LEGAL NATURE OF SOURCES OF CONSTITUTIONAL LAW OF UKRAINE

2019 ◽  
pp. 98-104
Author(s):  
Galyna Volosheniuk
Keyword(s):  
Law Enforcement ◽  
Scientific Knowledge ◽  
Constitutional Law ◽  
Functional System ◽  
Comprehensive Analysis ◽  
Practical Significance ◽  
Legal Nature ◽  
Basic Approaches ◽  
Logical Semantic

Purpose. The purpose of the paper is to analyze the concepts and problems of the legal nature of the sources of constitutional law of Ukraine and to analyze the basic approaches to understanding the sources of constitutional law and their features. Methodology. The methodology involves a comprehensive analysis and generalization of available scientific and theoretical material and the formulation of relevant conclusions and recommendations. The following methods of scientific knowledge were used during the research: terminological, logical-semantic, functional, system-structural, logical-normative. Results: The research outlines the basic approaches to understanding the sources of constitutional law and their features. Based on this, these approaches are summarized and our view of the legal nature of the sources of constitutional law of Ukraine is offered through the disclosure of their functions and features. Originality.The article deals with the legal nature of the sources of constitutional law of Ukraine, outlines the basic approaches to understanding the sources of constitutional law and their features. These approaches are summarized and their view of the legal nature of the sources of constitutional law of Ukraine is offered through the disclosure of their functions and features. Practical significance. The results of the research can be used in legislation and law-enforcement activities.

INNOCENCE AND LIMITED INNOCENCE: THE PRACTICE OF THE ANGLO-AMERICAN LEGAL SYSTEM

2019 ◽  
pp. 48-54
Author(s):  
Ivanna Polonka
Keyword(s):  
Mental Illness ◽  
Legal System ◽  
Comprehensive Analysis ◽  
Practical Significance ◽  
Administration Of Justice ◽  
Legal Criterion ◽  
Anglo American ◽  
American Legal System ◽  
Extensive List ◽  
Logical Semantic

Purpose. The purpose of this paper is to study the norms of the Anglo-American legal family regarding the сriteria for innocence of the incapacitated subjects of objectively unlawful acts: medical and legal criteria. Methodology. The methodology includes a comprehensive analysis and a synthesis of available scientific and theoretical information. It is includes the formulation of relevant conclusions and recommendations. Such methods of scientific knowledge were used: terminological, logical-semantic, functional, systemic-structural, comparatively legal. Results: In the course of the study, it was recognized that the law of countries within the Anglo-American legal system was characterized by clear problems with the formulation of both legal and medical criteria of insanity. The main reason for this omission is the application in practice of judicial precedents that have been adopted since the last century. Originality. The study identified a number of shortcomings of the Anglo-American legal family in determining the criteria of insanity, namely: there is no strong-willed character of the legal criterion; their indisputable character makes it impossible to deduce the intermediate states of the human psyche; the circumstances that the crimes may be committed by persons whose “defect of mind” does not take place as a result of mental illness are not taken into account; the burden of proving insanity is transferred to the defendant himself. The medical criterion of insanity in the Anglo-American legal family also raises a number of remarks, the main of which is a fairly extensive list of forms of mental illness and abnormalities, which provokes impunity for potential criminals. Practical significance. The results of the study can be used in law-making and enforcement activities in the administration of justice against incapacitated persons.

scholarly journals CORPORATE LAW AND CORPORATE CULTURE AS A MEANS OF INFLUENCING EFFICIENCY

2020 ◽  
Vol 1(13) ◽  
pp. 97-103
Author(s):  
Oksana Korolovich ◽  
◽  
Maryna Resler ◽  
Vasyl Pihosh ◽  
◽  
...  
Keyword(s):  
Corporate Culture ◽  
Positive Impact ◽  
Basic Result ◽  
Practical Experience ◽  
Corporate Law ◽  
Practical Significance ◽  
Culture Form ◽  
Basic Principles ◽  
Corporate Rights ◽  
Legal Entities

Corporate law and corporate culture are a set of means of multidirectional influence on the efficiency of corporate legal entities, using the means of generating the effects of influence on efficiency in general, affecting specific numerical indicators of activity. In addition, corporate law regulates the relations that may arise during the creation, implementation and termination of economic activity, determines the means, forms and structure of the organization. The purpose of the article is to determine the features and basic principles by which corporate law and corporate culture form models of behavior that help achieve goals and optimize certain processes in the activities of corporate legal entities. The research methodology is based on the methods of logical analysis. In addition, the study used the method of critical analysis of scientific literature and practical experience. The results of the study allowed us to consider corporate culture and corporate law as specific means of modeling staff behavior or management. They are such tools that form a scientific novelty and allow to achieve such an image of staff interaction that is acceptable for the efficiency of corporate legal entities. This is especially true because corporate rights are subjective in nature and arise within a specific relationship based on objective law. The basic result that forms the novelty was the structuring of corporate culture and corporate law, which is implemented in terms of: model basis, which determines the features and basic principles of influencing the behavior of staff; patterns of behavior in the organization, which determine the internal environment, where each employee invests in a common goal (efficiency of the enterprise). The study of the model basis of corporate culture and corporate law, models of behavior in the organization allowed to outline the basic principles by which they positively affect the efficiency of corporate legal entities. The selected principles of corporate culture and corporate law provide a positive impact on the efficiency of corporate legal entities, only if the formation of clan or adhocratic types of corporate culture. The practical significance of the study is to identify elements for software development that will help corporate entities to involve employees in work processes, as well as to create and strengthen corporate culture. Keywords: corporate culture; corporate law; efficiency; corporate entity; personnel model or type of behavior

The current state of the legislative implementation of criminal law policy

2020 ◽  
pp. 111-118
Author(s):  
Oleksandr Ostrohliad
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Practical Significance ◽  
New Approach ◽  
Public Discussion ◽  
Current State ◽  
Criminal Offenses ◽  
Legal Technology ◽  
Logical Semantic

Purpose. The aim of the work is to consider the novelties of the legislative work, which provide for the concept and classification of criminal offenses in accordance with the current edition of the Criminal Code of Ukraine and the draft of the new Code developed by the working group and put up for public discussion. Point out the gaps in the current legislation and the need to revise individual rules of the project in this aspect. The methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative, comparative-historical. Results In the course of the study, it was determined that despite the fact that the amendments to the Criminal Code of Ukraine came into force in July of this year, their perfection, in terms of legal technology, raises many objections. On the basis of a comparative study, it was determined that the Draft Criminal Code of Ukraine needs further revision taking into account the opinions of experts in the process of public discussion. Originality. In the course of the study, it was established that the classification of criminal offenses proposed in the new edition of the Criminal Code of Ukraine does not stand up to criticism, since other elements of the classification appear in subsequent articles, which are not covered by the existing one. The draft Code, using a qualitatively new approach to this issue, retains the elements of the previous classification and has no practical significance in law enforcement. Practical significance. The results of the study can be used in law-making activities to improve the norms of the current Criminal Code, to classify criminal offenses, as well as to further improve the draft Criminal Code of Ukraine.

BASIC FUNDAMENTALS OF CIVIL LAW AND THEIR IMPORTANCE

2019 ◽  
pp. 120-126
Author(s):  
Diana Vivcharuk
Keyword(s):  
Law Enforcement ◽  
Scientific Knowledge ◽  
Civil Law ◽  
Comprehensive Analysis ◽  
Practical Significance

Purpose. The purpose of the article is the regulation of relations on the principles of civil law. Methodology. The methodology includes a comprehensive analysis and a synthesis of available scientific and theoretical information. It is includes the formulation of relevant conclusions and recommendations. Such methods of scientific knowledge were used: terminological, functional, systemic-structural, logical-normative. Results: it was determined, that principles of civil law – an ideas of the civil law, that characterized by systematic,versatile, more stable, more regylated. Originality. An article is the special reseach that explores the problems of civil law in Ukraine. Practical significance. The results of the research can be used in legislation and law-enforcement activities.

DEPENDENCE OF THE COMPANY'S LEGAL PERSONALITY FROM THE PERSONALITY OF ITS SHAREHOLDER AS A TREND OF LEGISLATION AND LAW ENFORCEMENT PRACTICE

2021 ◽  
Vol 14 (2) ◽  
pp. 52-58
Author(s):  
MARIETTA SHAPSUGOVA ◽  
Keyword(s):  
Law Enforcement ◽  
Limited Liability ◽  
Complete Separation ◽  
Socialist Economy ◽  
Legal Entity ◽  
Legal Personality ◽  
Long Time ◽  
Law And Legislation ◽  
Market Relations ◽  
Legal Entities

The concept of a legal entity as an independent legal entity, independent distinctiveness of its participants was formed gradually. In the Fatherland Law, it reached its climax in the Soviet era. It was then that such classical features of a legal entity were formulated as organizational unity, property isolation, and independent responsibility. The economic system drove this approach. In a planned socialist economy, an individual could not be the owner of the means of production, and therefore the legal personality of an enterprise was maximally alienated from a person's personality, which was reflected in its characteristics. For a long time, by inertia in Russian law and legislation, this alienation of the shareholder's personality from the legal entity's personality was preserved. The reason for the revision of this approach was the abuse by limited liability participants of legal entities controlled by them, using such a person as a "mask" for their activities and leading to a violation of creditors' interests. In this regard, with Russia's transition to market relations, an interest arose in the foreign theory of corporate law, which developed mechanisms to combat such abuses, studies of corporate forms of a legal entity, and mechanisms for bringing controllers and beneficial owners to justice were updated. The article examines the dynamics of the transformation of a legal entity's theory from dependence to independence and again to its dependence. It is argued that the shareholder's connection with the legal entity is preserved, and complete separation of the legal personality from the shareholder's personality is impossible, which is confirmed by the doctrine, law enforcement practice, and trends in the development of legislation on legal entities.

Experience of creating a digital multimedia game

2021 ◽  
pp. 141-148
Author(s):  
О.В. Крежевских ◽  
А.И. Михайлова
Keyword(s):  
Vocational Education ◽  
Practical Significance ◽  
Basic Principles ◽  
Team Interaction ◽  
Digital Multimedia ◽  
Professional Groups ◽  
The Creation ◽  
Further Development ◽  
Creative Tasks

Создание геймифицированных образовательных ресурсов позволяет повысить мотивацию студентов к обучению, индивидуализировать образовательные маршруты, обеспечить вариативность содержания образования, учесть ограничения в здоровье. Цель настоящей статьи состоит в описании принципов разработки цифровых мультимедийных игр для сферы профессионального образования с учетом командного взаимодействия представителей различных профессиональных групп. В результате исследования выделены основные принципы разработки цифровых мультимедийных игр, предполагающие использование звуковых, анимационных и других эффектов при проведении корпоративных сеансов и выполнении творческих заданий. Практическая значимость заключается в возможности использования описанных принципов для дальнейшей разработки геймифицированных ресурсов. The creation of gamified resources makes it possible to increase the students’ motivation with the content of activities, to individualize educational routes, to ensure the variability of the content of education, to take into account health restrictions. The aim of this article is to describe the principles of developing digital multimedia games for vocational education, taking into account the team interaction of representatives of various professional groups. As a result of the study the basic principles of the development of digital multimedia games are highlighted, involving the use of sound, animation and other effects for corporate sessions and for doing creative tasks. The practical significance lies in the possibility of using the described principles for further development of gamified resources.

scholarly journals Application of Comprehensive Geophysical Prospecting Method in Water Accumulation Exploration of Multilayer Goaf in Integrated Mine

2021 ◽  
Vol 2021 ◽  
pp. 1-12
Author(s):  
Lei Zhang ◽  
Lin Xu ◽  
Yong Xiao ◽  
NingBo Zhang
Keyword(s):  
Coal Seam ◽  
Coal Mine ◽  
Comprehensive Analysis ◽  
High Density ◽  
Electromagnetic Method ◽  
Mine Safety ◽  
Practical Significance ◽  
Time Base ◽  
Transient Electromagnetic Method ◽  
Transient Electromagnetic

A coal mine in Datong is an integrated mine. At present, there is goaf in the upper and lower part of the mining coal seam. There is a lot of ponding in the goaf, which has great potential safety hazards for production. In order to find out the scope and location of ponding in goaf, the comprehensive geophysical exploration method combining transient electromagnetic method and high-density resistivity method is used to carry out the research. Firstly, the time-base, turn-off time, receiving delay, current, superposition times, and other parameters of the instrument are tested on the surface of known goaf to obtain the best instrument parameters, and the parameters are used to verify the feasibility of the research scheme; then, the transient electromagnetic method is used for large-area exploration on the surface of the mine, the suspected goaf ponding area is found through comprehensive analysis, and the high-density resistivity exploration is arranged in the suspected goaf ponding area. According to the obtained results, the scope and location of the goaf ponding area are accurately located through comprehensive analysis. The results show that there are two goaf ponding areas in the exploration area, which are located above the 8# coal seam currently mined; the range and location of goaf ponding area can be accurately obtained by using the comprehensive geophysical method of high-density electrical method and transient electromagnetic method. This method can provide reference for mine water prevention and control in Datong area and has great practical significance to ensure coal mine safety production.

scholarly journals Interrelation of theoretical concepts of jurisprudence and legal practice (using the example of the category «legal subjectity»)

2021 ◽  
pp. 94-99
Author(s):  
V. A. Sichevliuk
Keyword(s):  
Practical Experience ◽  
Correct Interpretation ◽  
Legal Practice ◽  
Public Authorities ◽  
Basic Principles ◽  
Legal Entity ◽  
Theoretical Concepts ◽  
Legal Science ◽  
Organizational Integrity ◽  
Legal Entities

The article discusses the interrelation between theoretical concepts of jurisprudence and legal practice on the exampleof the category «legal subjectity». With an indication of real practical situations, the necessity of implementing the relevant theoretical achievements of legal science in the standards of practical legal activity is justified. It is noted that at the level of practice the integral content of legal categories, principles and other theoretical concepts of jurisprudence is inevitably operationalized and takes the form of terms. At the same time, the requirement for the unambiguity of the latter creates a constant need for practice in interpreting their content. The correct interpretation of the terms involves a combination of the achievements of theory and practical experience. Deviation from this rule leads to errors in terminology and mistakes in the interpretation of law. Attention is drawn to the need of using in the texts of judicial, administrative, contractual, and other documents the correct wording on the legal subjectity of separated units and governing bodies of legal entities. The contradictions of the notion of «complex legal entity» are also highlighted. Examples are given of how the legislative acts of Ukraine in some cases do not correspond to the basic principles of the legal entity institution, allowing the existence in the internal organizational space of legal entities of other legal entities. It is emphasized that this status of structural subdivisions of organizations and public authorities contradicts the need to ensure their organizational integrity as subjects of law, endowed with a complete kind of legal subjectity, namely «personal legal subjectity». Keywords: theoretical concepts of jurisprudence, category «legal subjectity», legal entity, personal legal subjectity, structural division of a legal entity.

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