Dualism of the legal status of the head of the organization

2020 ◽  
pp. 24-29
Author(s):  
O. S. Kulakova
Keyword(s):  
Legal Status ◽  
Corporate Law ◽  
Priority Rules ◽  
Legal Entity ◽  
Separate Part ◽  
Judicial Practice ◽  
The Status

The status of the head of a business company is a controversial legal category. The relevance of this issue is determined by the complexity of the nature of legal relations that develop at the intersection of labor and corporate law. The ambiguity of judicial practice in the qualification of the position of a person who is both a separate part of a legal entity and an employee makes it necessary to search for priority rules of law.

scholarly journals THE LEGAL ENTITY OF BAITUL MAAL WAT TAMWIL (BMT) AS A MICRO FINANCIAL INSTITUTION IN INDONESIA

2020 ◽  
Vol 2 (2) ◽  
pp. 140-150
Author(s):  
Moh Syaifur Rijal
Keyword(s):  
Legal Status ◽  
Financial Institution ◽  
Limited Liability ◽  
Limited Liability Company ◽  
Conceptual Approach ◽  
Legal Entity ◽  
Non Profit ◽  
The Status

The purpose of this study is to analyze the legal status and accountability of Baitul Maal Wat Tamwil (BMT) as a financial institution in Indonesia, because so far BMT has two main functions,  the first, Baitul Maal as a non-profit institution that distributes zakat, infaq and alms, and the second, Baitul Tamwil is an institution whose function is to collect and to distribute commercial funds. This research uses normative research using a statutory approach and a conceptual approach. The results of this study indicate that the legal status of BMTs so far can only be established with the status of a cooperative or limited liability company. It refers to the characteristics possessed by BMT itself. The form of BMT accountability follows the form of liability that exists in the form of a BMT legal entity, if the loss is caused by the management or organs, the management or organs are jointly and severally responsible, but otherwise if the management or organs can prove then the management or organs are not jointly responsible for the losses incurred by BMT.

scholarly journals Legal Status of Animals in Ukraine and Poland

2019 ◽  
Vol 1 ◽  
pp. 59-70
Author(s):  
Roman Marusenko
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Judicial Practice ◽  
The Status ◽  
Present Understanding

The article deals with the analysis of animals’ legal status via examples of Polish and Ukrainian legislation. The examples of inaccurate usage of legal terminology is this sphere (concerning subjects and objects) are analyzed. Legislative attempts to assign the status of subjects of law to animals in Ukraine and Poland are discovered. Remarkable examples from world judicial practice are revealed. Historical parallels are shown. Conclusion of possible solutions taking into account present understanding of nature of law and the aim of proposed changes in legal regulation is made.

scholarly journals TO THE ISSUE OF SOME POWERS OF A PROSECUTOR IN CRIMINAL PROCEDURE AND ADMINISTRATIVE PROCEEDINGS

2020 ◽  
Vol 16 (1) ◽  
pp. 66-74
Author(s):  
Елена Папышева
Keyword(s):  
Legal Status ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Judicial Practice ◽  
Legal Nature ◽  
The Status ◽  
Administrative Proceedings ◽  
The Relationship

This article discusses some powers of a prosecutor, his legal status in criminal procedure and administrative proceedings, the relationship between the functions of criminal prosecution and prosecutorial supervision. The author notes that at the stage of initiating a criminal case, prosecutor’s powers for criminal prosecution are exercised through supervisory activities, during which, on the facts of perpetration, he is entitled to make a reasoned decision to send the relevant materials to preliminary investigation bodies. The article analyzes prosecutor’s powers in initiating an administrative case, the legal nature of the prosecutor’s decision, which, according to the author, is not and cannot be evidence in the case (source of evidence), in contrast to the position of the courts and the prevailing judicial practice. Both processes (criminal and administrative proceedings) are based on identical principles and have similar institutions. Including for this reason, the problems of determining the status and powers of the prosecutor in exercising supervision have common roots.

Subsidiary Liability of Actually Controlling Persons in Cases of Bankruptcy: Theory and Judicial Practice

2020 ◽  
Vol 11 ◽  
pp. 72-85
Author(s):  
A. V. Efimov ◽  
Keyword(s):  
Legal Regulation ◽  
Practice Research ◽  
Legal Entity ◽  
Scientific Methods ◽  
Judicial Practice ◽  
The Status ◽  
Degree Of Certainty ◽  
General Scientific ◽  
Definition Of ◽  
Actual Control

Currently, the problem of subsidiary liability of controlling persons is complicated by the specifics of the status of persons who are not in legal relations with the debtor, but actually control it. The identification of actually controlling persons is difficult due to the insufficient certainty of the signs of actual control. It is important to note that the degree of certainty of the signs of actual control at the level of legal regulation affects the accuracy of the qualifications of persons as controllers when considering specific court cases. The purpose of this article is to formulate theoretical conclusions on the identification and prosecution of actually controlling persons on the basis of judicial practice. Research objectives: assessment of the legal regulation of subsidiary liability of controlling persons; assessment of situations of actual control; identification of signs of actual control. This article is based on general scientific methods (systemic, functional, a group of logical methods such as deduction, induction, analysis, synthesis) and special legal methods (formal legal, legal modeling method). As a result, it was concluded that the definition of controlling persons includes both persons who are in legal relations with a legal entity (nominal control), and persons who are not in legal relations with a legal entity, but nevertheless have the ability to provide actual the control. Since the signs of actual control are insufficiently defined at the level of legal regulation, problems of subsidiary liability of actually controlling persons arise in judicial practice. It was revealed that the courts qualify actual control due to circumstances that indicate either the exercise of specific powers of the debtor's bodies directly by the actually controlling persons; or that the powers of the debtor's bodies are exercised by nominal controlling persons, but their will is formed by actually controlling persons.

Main stages of establishment of farms in independent Ukraine

2021 ◽  
pp. 125-132
Author(s):  
M. Dolynska
Keyword(s):  
Legal Status ◽  
Functional System ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Family Farms ◽  
Peasant Farmer ◽  
Legal Entity ◽  
Natural Person ◽  
The Status ◽  
Logical Semantic

Purpose. The aim of the article is to outline the evolution of the formation of farms from peasant (farmer) farms to family farms during 1991-2021 in independent Ukraine; to distinguish separate stages of development of various agricultural formations, which were called "farms" in independent Ukraine. Methodology. The methodology covers a comprehensive analysis and generalization of available scientific and theoretical material and the formation of relevant conclusions and recommendations. The following methods of scientific cognition were used during the research: comparative-legal, logical-semantic, functional, system-structural, and logical-normative. Results. In the course of the research, the historical and legal analysis of the legal status of the most common types of agribusiness entities such as peasant farms, family farms of independent Ukraine is carried out. Scientific novelty. Having analyzed the development of farming in Ukraine during 1991-2021, five main stages of the development of farming in independent Ukraine are determined. The author states that the main types of farms in Ukraine since 2017 are: a farm-legal entity and a farm without the status of a legal entity, which is registered as a natural person-entrepreneur. Members of one family who have established a farm in the form of a family farm based on registration of a natural person-entrepreneur are co-entrepreneurs of the above-mentioned family farm.Practical significance. The results of the research can be used in lawmaking and law enforcement during the preparation of normative and legislative acts on the legal regulation of farming.

scholarly journals Peran Notaris Dalam Hal Perolehan Pengakuan Badan Hukum Perseroan Terbatas Melalui Sistem Administrasi Badan Hukum (SABH)

Acta Comitas ◽  
2021 ◽  
Vol 5 (3) ◽  
pp. 601
Author(s):  
Anak Agung Istri Intan Argyanti Nariswari ◽  
Putu Tuni Cakabawa Landra
Keyword(s):  
Legal Status ◽  
Limited Liability ◽  
Limited Liability Company ◽  
Legal Entity ◽  
Limited Company ◽  
The Status ◽  
Standard Classification ◽  
Notary Public ◽  
The Republic

In the era of globalization, many entrepreneurs  developing their businesses by creating companies. But in the case, only Limited Liability companies can obtain a legal status. Limited Liability Company is regulated in UU Nomor 40 Tahun 2007. The issue that will be discussed is how the role of the notary public in obtaining the status of a legal entity PT which was approved by SABH and the problems that have been faced by a notary in terms of obtaining the status of the legal entity. This research used empirical research, by using fact approach and law approach. With that research method, it was found that the role of the notary in obtaining the status of a legal entity PT in SABH access is, the Notary log in or enters into the SABH system through a SABH account owned by a Notary; Access a copy of the limited company deed by entering the company data requested by the system to the SABH table; Entering the business fields that have been included in the current deed, the business fields must be the same and consistent with the 2017 Indonesian Business Field Standard Classification (KBLI), this is related to the next stage in the management of company business licenses; After everything is already inputted will publish  a Decree of the Minister of Law and Human Rights of the Republic of Indonesia regarding the legalization of the of a Limited Liability Company.

scholarly journals The Role of the Sole Executive Body in the Activities of the Corporation

Legal Concept ◽  
2020 ◽  
pp. 91-96
Author(s):  
Sergey Mudritsky
Keyword(s):  
Complex System ◽  
Corporate Governance ◽  
Legal Status ◽  
Legal Entity ◽  
Scientific Methods ◽  
The Status ◽  
Legal Position ◽  
Historical Comparative ◽  
Executive Body

Introduction: consideration of the role of the sole Executive body in the activities of the Corporation is of particular importance in modern conditions of development of corporate relations, since the sole Executive body occupies a dominant place in the system of corporate governance bodies. A Corporation can transfer the functions of a sole Executive body not only to an individual or legal entity, but also to an individual with the status of an individual entrepreneur, since the corresponding prohibition is not contained in the norms of civil legislation. In the event of damage to the Corporation, the sole Executive body may be brought to civil liability. in this regard, the authors set the goal of studying the legal status of the sole Executive body, its rights, duties and responsibilities. Methods: when writing this research, various scientific methods were used, from which we can distinguish historical, comparative legal, formal legal methods, and complex system-structural analysis. Results: the legal position of the sole executive body of the legal entity was studied taking into account recent changes in civil legislation. The author’s position on the possibility for an individual entrepreneur to function as an executive body of a legal entity has been substantiated. Conclusions: the study noted imperfection of the legislation regulating the legal status of sole Executive body and the necessity of making a number of changes and additions in normative legal acts.

scholarly journals On the Problems of Corporate Legal Relations in the Civil Legislation of the Republic of Tajikistan

2020 ◽  
Vol 15 (4) ◽  
pp. 21-28
Author(s):  
H. T. Nasirov
Keyword(s):  
Legal Status ◽  
Corporate Law ◽  
Or Management ◽  
Corporate Organization ◽  
The Status ◽  
Internal Relations ◽  
Common Interests ◽  
The Subject ◽  
The Republic ◽  
Private Individual

In the framework of this article, when considering corporate legal relations, their civil-legal component is presumed, which is based on the part of the internal relations of a legal entity existing in corporate organizations, associated with participation in these organizations or management of them. In this regard, it is proposed to consider corporate law as a special institution of civil law, the rules of which regulate civil relations in corporate organizations or their management, arising primarily between the founders of a corporate organization, as well as between the corporate organization and its founders. At the same time, having analyzed the legal status of participants of intraorganizational corporate legal relations, it is noted that due to the lack of some of them the status of the subject of civil legal relations, not all non-prohibited by law intraorganizational corporate legal relations aimed at achieving both common interests and pursuing private individual interests of members of corporations can be civil legal relations.

scholarly journals Signs of a Legal Entity of Public Law under the Legislation of Ukraine

2021 ◽  
Vol 39 (69) ◽  
pp. 386-394
Author(s):  
V. F. Poddubnaya ◽  
A. M. Yevkov ◽  
Yu. M. Filonova
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Public Law ◽  
Legal Capacity ◽  
Legal Entity ◽  
Legal Method ◽  
The Status ◽  
Separate Property ◽  
Cis Countries ◽  
Legal Entities

The article examines the legal status of legal entities of public law as participants in civil circulation. Both general and special research methods were used, which were determined by the purpose of the article, taking into account the object and subject of the research. To study the above-mentioned civil law relations in their interconnection and development, the dialectical method was used. The comparative legal method was used to analyze the world experience of legal regulation of the status of legal entities of public law in foreign legislation and the doctrine of law, in particular, in the legislation of the CIS countries. Results showed that legal entities of public law are organizations; as legal entities; have the characteristics of a legal entity: organizational unity, the presence of separate property, acting in circulation on their own behalf, independent civil liability. In addition to the general features of a legal entity, legal entities of public law also have special features that characterize them as participants in civil turnover. It was concluded that legal entities of public law are a type of legal entity, are created in the administrative order by the state and have targeted legal capacity.

scholarly journals Legal regulation of cooperation in Russia in 1917

2021 ◽  
Vol 26 (4) ◽  
pp. 202-208
Author(s):  
Yuliya O. Novikova
Keyword(s):  
Rapid Growth ◽  
Spiritual Development ◽  
Legal Status ◽  
Well Being ◽  
Legal Regulation ◽  
Legal Entity ◽  
The Status ◽  
Cooperative Partnership ◽  
Definition Of ◽  
First Time

The article deals with the features of the normative legal regulation of cooperation in 1917. New provisions regulating the activities of cooperative associations, that were fundamentally different from the norms of the cooperative legislation of the tsarist government, are defined. The author highlights the ideological foundations of the cooperative policy of the Provisional government, which influenced the formation of the main provisions of the cooperative legislation in 1917. Key features of the cooperative legislation of 1917 stand out: the determination of the legal status of cooperative companies for the first time a legislator was fixed definition of the concept of "cooperative partnership"; an accomplished fact of registration of a legal entity, this provision was introduced by the legislator for the first time since before the 1917 registration of a legal entity was permissive. This provision greatly facilitated the creation of cooperative associations, which contributed to their rapid growth. Another feature was that minors were allowed to become a member of a cooperative partnership from the age of seventeen, but they were not allowed to be included in the control and management bodies. Cooperative societies were now considered not only as an institution that increased the material well-being of the population, but also as an institution for its spiritual development. Since 1917, there had been a rapid growth of Union associations of cooperative associations both in the provincial and all-Russia ones. This was also a consequence of the new cooperative legislation. It is concluded that the rules of law that completely re-built the cooperative network, defined the status of cooperative partnerships, gave a new impetus to the development of cooperation as a powerful social movement that can mobilize huge masses of the population.

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