DEVELOPMENT OF THE INSTITUTION OF LEGAL REGULATION OF AGRARIAN ENTREPRENEURSHIP

2021 ◽  
Vol 2 (1) ◽  
pp. 15-23
Author(s):  
Игорь Владимиров
Keyword(s):  
Agricultural Production ◽  
Legal Regulation ◽  
Environmental Security ◽  
The State ◽  
Entrepreneurial Activity ◽  
Legal Institution ◽  
Agrarian Law

The author notes that modern agricultural production has the character of specific entrepreneurial activity in special conditions, with a unique membership, whose activities are regulated by special legislation, which is structurally an institution of agrarian legislation. The author believes that the new agribusiness relations will be followed by the formation of a new specific legal institution of agrarian law - the institution of legal regulation of agrarian entrepreneurship with its own subject, principles, methods and content of statutory acts aimed to ensure the efficiency of commercial agricultural production under new and constantly changing conditions, as well as food and environmental security of the State.

scholarly journals ON QUESTION OF THE PRINCIPLE OF EQUITY IN THE ENFORCEMENT OF MONETARY OBLIGATIONS

2018 ◽  
Vol 1 (2(14)) ◽  
pp. 99-102
Author(s):  
Halyna Volodymyrivna Zadorozhnia ◽  
Yurij Anatoliyovych Zadorozhnyi ◽  
Ruslana Оlexandrivna Kotsiuba
Keyword(s):  
Research Study ◽  
Legal Regulation ◽  
The State ◽  
Entrepreneurial Activity ◽  
Target Setting ◽  
The Status ◽  
Legislative Proposals ◽  
The Subject ◽  
Legislative Changes ◽  
The Individual

Urgency of the research. Study of the problem of implementation of monetary obligations in the field of banking relations is determined by violation of the principle of equity in relation to individuals. Target setting. The state has actually removed from the regulation of credit relations in the field of ensuring the fulfilment of monetary obligations that arise between the individual and the bank. Actual scientific researches and issues analysis. Many modern scientists (I. Bezklubyi, T. Bodnar, A. Dzera, A. Kolodiy, V. Lutz, I. Opadchiy and others) studied the institution of the fulfilment of monetary obligations. Uninvestigated parts of general matters defining. Behind attention of scientists was left the issue of protecting the rights of individuals who have monetary obligations to the bank and do not have the status of the subject of entrepreneurial activity. The research objective. The purpose of the article is to develop legislative proposals taking into account international and foreign practice in the aspect of protecting the rights of individuals who have monetary obligations to the bank. The statement of basic materials. Specifics of legal regulation of contractual relations is determined between banks and recipients of funds in the aspect of liability for late fulfilment of monetary obligations, propositions to the legislation were substantiated. Conclusions. It is offered to solve the problem of violation of the principle of fairness in the aspect of fulfilment of monetary obligations in the field of banking relations through legislative changes.

scholarly journals INVESTMENT OF SOCIAL ENTREPRENEURSHIP IN UKRAINE: CURRENT ISSUES OF LEGAL REGULATION

2021 ◽  
Vol 2 (37) ◽  
pp. 467-475
Author(s):  
V. Kosovych ◽  
B. Kosovych ◽  
O. Rym
Keyword(s):  
Social Entrepreneurship ◽  
Organizational Support ◽  
Legal Regulation ◽  
The State ◽  
Social Enterprises ◽  
Entrepreneurial Activity ◽  
Economic Relations ◽  
Legal Standards ◽  
Main Form ◽  
Economic Trends

Abstract. The article deals with the research of the creation of conditions for the socialization of economic relations in modern Ukraine — legal regulation of social entrepreneurship investment. The Ukrainian state actively implements world economic trends and legal standards into national practice. These include social entrepreneurship and its legal support. It is stated that the main priorities of social entrepreneurship today are: development of social innovations, ecology, health care, education, vocational training, employment of people with disabilities, welfare, development of territories, culture, etc. In Ukraine, social entrepreneurship has a somewhat undeveloped character, primarily due to a lack of funds for its development. There is no specific legal regulation of social entrepreneurship in Ukraine. The main form of domestic social entrepreneurship is a charitable activity of public organizations. It is emphasized that the success of projects in the field of social entrepreneurship depends to a large extent on foreign investment. Investor rights in Ukraine are protected by advanced legislation and, despite bureaucratic obstacles, are guaranteed by the state. It is noted that the analysis of domestic economic and legal practice indicates the existence of social and legal prerequisites for successful investment in social entrepreneurship. Among these prerequisites, the following are outlined: public willingness and organizational support of the state, international assistance, presence of interested social groups, and availability of special draft laws that should stimulate the formation, development, and activity of social enterprises as the main form of social entrepreneurship. Attention is drawn to the fact that the draft Law of Ukraine «On Social Enterprise» changes social entrepreneurship ideology from charitable to entrepreneurial activity, which is combined with the implementation of innovation and solution of social problems. In particular, this approach is attractive for both internal and external investors and is the basis for social entrepreneurship’s future success. It is concluded that the proposed research can be of interest to both potential investors and investors who are already working in Ukraine and would like to develop or diversify their activities. Keywords: investments, social entrepreneurship, protection of investor rights, economic and legal preconditions for social entrepreneurship. JEL classіfіcatіon E20 G20 O35 K20 Formulas: 0; fig.: 0; tabl.: 0; bibl.: 21.

scholarly journals Integrating aspect of economic development in Ukrainian agriculture

Ekonomika APK ◽  
2020 ◽  
Vol 312 (10) ◽  
pp. 38-48
Author(s):  
Inna Bezhenar ◽  
Larisa Malik ◽  
Andrii Shvets
Keyword(s):  
Rural Areas ◽  
Agricultural Production ◽  
Agricultural Sector ◽  
Analytical Data ◽  
The State ◽  
Entrepreneurial Activity ◽  
Small Scale ◽  
Family Farms ◽  
Agricultural Enterprises ◽  
Business Entities

The purpose of the article is to determine the directions of integration processes in the development of entrepreneurial activity in the agricultural sector of the economy. Research methods. Using statistical and graphical methods, the state and trends of integration transformations of agricultural enterprises in Ukraine were assessed. Research results. The dynamics of changes in the number of agricultural enterprises in Ukraine during 2013-2019, their structure on the basis of legal status, scope and results of activities are analyzed and the relevant conclusions on the ways of development of integration processes in the agricultural sector are formed. The functioning of agrarian business entities of different sizes has been studied. The integration potential of small business entities in the agricultural sector has been identified. The dynamics of the main production indicators of small and micro enterprises is given, their share in the total volume of agricultural production is determined. Also, small forms of management due to integration and cooperative processes provide an opportunity to develop in rural areas, making financial contributions to local budgets, while large enterprises (agricultural holdings) usually have minimal impact on the development of rural economy and rural areas. The main segments of agricultural production (such as potatoes, vegetables, fruits and berries) in which households play a key role are identified. Priority areas for the development of personal farms have been identified, in particular, through the creation of family farms and their association in cooperatives, etc. The information base of the study is the scientific achievements of leading domestic and foreign scientists, analytical data of the State Statistics Service of Ukraine. On the basis of the obtained results the social and economic expediency of development of cooperative forms of management in the countryside and integration of small-scale agricultural producers is substantiated. Scientific novelty. It is proposed to turn personal peasant farms into family farms as components of integration formations in agrarian business. Practical significance. The state of business structures of the agricultural sector of the Ukrainian economy is assessed and the prospects and advantages of the development of integration formations and cooperation in the sustainable development of rural areas are outlined. Tabl.: 8. Figs.: 1. Refs.: 20.

scholarly journals LEGAL INSTITUTION FOR DEMOCRATIC CIVIL CONTROL OVER ACTIVITY OF SECURITY AND DEFENSE SECTOR OF UKRAINE: STATE-OF-THE-ART OF NORMATIVE LEGAL REGULATION

2021 ◽  
pp. 39-44
Author(s):  
V.L. Zolka
Keyword(s):  
Legal Status ◽  
Freedom Of Expression ◽  
Legal Regulation ◽  
The State ◽  
Legal Institution ◽  
Military Organizations ◽  
Military Administration ◽  
The Status ◽  
Control Institution ◽  
Public Monitoring

The article is dedicated to study the status of legal regulation of legal institution “Democratic civil control over activity of security and defense sector of Ukraine” and to substantiate the theoretical recommendation as regards improvement of military and security legislation. It has been proved that uncontrollable military organizations and law enforcing bodies of the state bring potential danger both individuals and society’s humanistic values. They are dangerous because of unbalanced mechanism of the democratic civil control. Disruption of containment mechanism and counterbalance in the power separation system in the state, usurpation of power by one person or group of people can paralyze not only power itself but other institutions of society. Subjects of state segments for democratic civil control turn to be the attendant bodies of political will by one person, the certain cover-up and justification of unlawful violation. Under those conditions the civil monitoring of institutions in the security and defense sector of Ukraine becomes inefficient. Their subjects experience limitations: such as access to information of law-enforcement authorities and military formations; implementation of freedom of expression.   Most of substantial reactions are left unattended by state jurisdiction and military administration. Their legal status also remains imperfect and deprived of real impact gears on the objects under control. It has been proved that in order to ensure efficiency of openness and transparency in activity of Security and Defense Sector it is required to implement the complex of organizational and legal measures such as an active elucidative campaign for the purpose of bringing to essentiality, goal, form and tools of public control over SDS and to consolidate new philosophy where the civil control will take leading place. The certain declaratory of the most mechanisms of civil control institution have been deduced herein. The means to improve situation in this field are proposed to be developed by participation of interested subjects both public administration, members of public monitoring and subsidiary objects of new special law. By its developing the negative and positive experience of civil control has to be taken into consideration. The other way to secure the effective mechanism of democratic civil control over SDS is to specify statutory norms for SDS in the law of Ukraine.  

Human Life and Health as an Object of Environmental Law in the Globalised World

2020 ◽  
Vol 27 (1) ◽  
pp. 189-200
Author(s):  
Anatolii Getman
Keyword(s):  
Environmental Law ◽  
Human Life ◽  
Legal Protection ◽  
Environmental Safety ◽  
Legal Regulation ◽  
Environmental Security ◽  
The State ◽  
Dominant Factor ◽  
Negative Consequences ◽  
State Of The Environment

The article examines the issues of legal protection of human life and health in the latest globalisation processes, which have covered all spheres of political, economic, financial, social, geographical and cultural life and are becoming a basic factor of humanity on the planet. These processes set new trends in the ecological development of the state, redefine the problems of environmental security due to the changing nature of the challenges and threats facing humanity. The unfavourable state of the environment and the need to ensure environmental safety require the adoption of adequate legal, organisational and other measures. It is believed that in these conditions a human, his life and health should be at the centre of the mechanism of legal regulation of protection and defence, environmental safety, especially the establishment of the legal status of citizens affected by the negative consequences of environmental danger and guarantees of such citizens. The state has a number of obligations to human to create conditions for his “environmental comfort”. Such obligations should be reflected in the environmental legislation of the respective states. Recently, urban areas have been becoming threatening, the uncontrolled expansion of which inevitably leads to disruption of the normal functioning of the biogeotic cover of the planet, and consequently – a negative impact on health and life of mankind and especially that part of it living in large cities or other cities. It turns out that the general unfavourable state of the environment makes new demands on environmental security, which in the context of globalisation and internalisation of environmental problems is becoming a dominant factor in global security, as the environmental situation worsens, requiring effective policies to improve it.

Gay Divorce: Thoughts on the Legal Regulation of Marriage

Hypatia ◽  
2007 ◽  
Vol 22 (1) ◽  
pp. 24-38 ◽  
Author(s):  
Claudia Card
Keyword(s):  
Domestic Violence ◽  
Legal Regulation ◽  
The State ◽  
Legal Institution

Although the exclusion of LGBTs from the rites and rights of marriage is arbitrary and unjust, the legal institution of marriage is itself so riddled with injustice that it would be better to create alternative forms of durable intimate partnership that do not invoke the power of the state. Card's essay develops a case for this position, taking up an injustice sufficiently serious to constitute an evil: the sheltering of domestic violence.

scholarly journals Legal protection of natural resources from the negative impact of agricultural activity

2020 ◽  
Vol 3 (3) ◽  
pp. 52-57
Author(s):  
Viktor Mushenok
Keyword(s):  
Natural Resources ◽  
Agricultural Production ◽  
Crop Production ◽  
Negative Impact ◽  
Legal Protection ◽  
Legal Regulation ◽  
The State ◽  
Organic Fertilizers ◽  
Agricultural Activity ◽  
The Impact

The article considers the existing mechanisms of legal regulation of the impact of agricultural activities on the environment, as well as the preservation of natural resources necessary to ensure quantitative and qualitative employment in crop production and animal husbandry in agriculture. The position that the quality and level of development of agricultural production directly depends on the state of natural resources is confirmed. The generalization is made that the development of special legal regulation of greening of the norms of the domestic agrarian legislation at obvious strengthening of influence on environment of negative influence of processes of agricultural production does not lose urgency. The following proposals for improving certain provisions of the Law of Ukraine «On the Basic Principles (Strategy) of the State Environmental Policy of Ukraine for the period up to 2030» are provided. Legislative consolidation of measures is proposed: reduction of negative impact on the environment of the results of intensification of processes in agriculture; technological development of agricultural production in the field of crop production through the introduction of technologies for biologization (greening) of agriculture and ensuring the production of organic agricultural products; increasing the productivity of arable land and obtaining high and stable yields of the crop industry, provided that sufficient doses of mineral and organic fertilizers, etc. Defined as a prospect for further research – the study and borrowing from domestic legislation of best practices of legal regulation of agricultural relations in the European Union.

scholarly journals Concepts and signs of public administration

2021 ◽  
pp. 220-223
Author(s):  
O.B. Ziboreva
Keyword(s):  
Public Policy ◽  
Public Administration ◽  
Legal Regulation ◽  
The State ◽  
Entrepreneurial Activity ◽  
Important Place ◽  
State Public Policy ◽  
State And Local ◽  
Definition Of ◽  
Service State

The article is devoted to the definition of the concept in the signs of public administration. It was found that the transition from the state-centric paradigm of state administration to the concept of a service state led to the renewal of the conceptual apparatus of administrative law. There was a need to substantiate the essence and characteristics of public administration, with the help of which the goals of the existence of a service state are realized.It is substantiated that the category “public administration” occupies an important place in modern scientific research. Scientists of public administration are mainly considered as: a) a way of realizing public interest as the interest of a certain social community, united within the territory of the state; b) as a mechanism for the implemen-tation of state policy; c) as the activity of public authorities (or state bodies and local self-government bodies) aimed at achieving socially important goals.It has been established that the definition of the concept of “public administration” in a broad sense depends to a certain extent on the level of development of democratic relations in society. If the state is characterized as democratic, then public administration can be defined as professional, paid, funded from the state and local budgets, the activities of state bodies and local self-government bodies, their officials, aimed at ensuring the rights, needs and interests of man and citizen, civil society, subjects objects of entrepreneurial activity and other participants in public relations within the framework of a unified state (public) policy. In a narrow, technocratic, understanding, public administration of any state can be considered as a set of actions of state-authorized bodies and their officials aimed at implementing public policy measures in all spheres of society.It has been proved that the signs of public administration are: a) the relationship between the direction of actions of persons directly carrying out public administration measures and state (public) policy; b) the professional nature of public administration; c) detailed legal regulation of most of the public administration activities; d) the presence of a distribution of competence between various subjects of public administration in order to avoid duplication of their functions.

The institution of term in legal relations to ensure the execution of state (municipal) contract and guarantee obligations: issues of legal regulation practice

2021 ◽  
pp. 475-485
Author(s):  
Vadim V. Kramskoy
Keyword(s):  
Research Methodology ◽  
Legal Regulation ◽  
The State ◽  
Legal Institution ◽  
Contractual Obligation ◽  
Methods Of Analysis ◽  
Analysis And Synthesis ◽  
Security Relations ◽  
State Of Affairs ◽  
Interim Measures

We investigate the institution of term in security relations, used in the provisions of state (municipal) contracts concluded for the procurement of goods, works, services to meet state and municipal needs. The main goal is to analyze the provisions of the legislation on the contractual system in terms of comprehending the existing approach to securing in law the security obli-gations of counterparties of the state customer, the periods during which one or another method of securing the execution of the contract is valid, and the period during which it is provided by the supplier, contractor, executor secur-ing both the contractual obligation and the guarantee obligation following it. We pose the problem of inconsistency in the legal regulation of the named legal institution and legal uncertainty in the application of its individual as-pects, an explanation is given for this state of affairs, and we give examples of the possible formulation of conditions on the duration of security obliga-tions in a contract. In particular, it shows cases of a “legal vacuum” in a situation with the return of funds contributed as a security for the performance of a contract, a case of a gap in the law regarding a condition on the term of provision of a guarantee, etc. The work is practice-oriented and contains examples of the possible formulation of the terms of contracts in terms of the effect of interim measures. The research methodology is based on methods of analysis and synthesis, formal legal and comparative legal methods.

The principle of greening in agricultural law

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Yermolenko Volodymyr ◽  
Keyword(s):  
Agricultural Production ◽  
The State ◽  
General Nature ◽  
Toxic Substances ◽  
Biological Origin ◽  
Natural Factors ◽  
Agrarian Policy ◽  
Ecological Aspects ◽  
Agrarian Law ◽  
Factors Of Production

The importance of greening of modern agricultural production in terms of increasing the use of toxic substances of chemical or biological origin, which requires the direction of modern agricultural production in the direction of greening of artificial and natural factors of production, giving these issues extreme relevance. The conceptual and categorical transformation of ecological aspects of agriculture is given, which alternately took the form of the principle of agrarian law first as the principle of greening of labor in agriculture, then – the principle of greening of agriculture, ecological orientation of entrepreneurship in agriculture, and later – greening of agriculture and finally, acquired the formulation of the principle of greening of agricultural legislation. Other variants of the author's positions are also presented, among which the greening of agrarian law or directly the principles of agrarian law, as well as the state agrarian policy are considered. Based on the general nature of the principles, the implementation of which requires implementation in the regulations of the legislation, the priority of formulating the principle of greening of agricultural legislation is substantiated. At the same time, there are examples of greening the content of status agrarian laws, as well as non-«greening» status laws, which indicates the incomplete implementation of this principle in agricultural legislation. An array of functional agrarian laws is analyzed for certain areas of activity, which in quantitative terms and in terms of coverage outweigh the greening of status laws. Keywords: principle, greening, agrarian law, greening of agricultural legislation

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