scholarly journals Status of LLC Shareholder and Forms of Obtaining It (Comparative-legal Analysis)

Law and World ◽  
2021 ◽  
Vol 7 (3) ◽  
pp. 42-72
Keyword(s):  
Legal Status ◽  
German Law ◽  
Case Law ◽  
Legal Analysis ◽  
Legal Norms ◽  
Legal Literature ◽  
The Us ◽  
The Status ◽  
Logical Synthesis ◽  
General Regulation

The status of the LLC shareholder characterizes the legal status of the shareholder, its legal relationship with other shareholders, the LLC itself, management of the LLC, and third parties. Although the legal status of LLC shareholder (its rights and obligations) is prescribed under Georgian law, issues related to its definition are still relevant, as Georgian legislation is limited to general regulation only, and Georgian case law and legal literature are also characterized by the scarcity of consideration of shareholder status. The purpose of this article is to use comparative legal analysis to determine the essence of the status of the LLC shareholder, the grounds for its origin, and legal consequences. The article analyzes the concept of the status of the LLC shareholder, subjects of the status of the LLC shareholder, LLC share concept, the rights, and obligations connected to the status of the LLC shareholder, forms of receiving the status of the LLC shareholder and its period. Since the regulatory norms of Georgian LLC are the institute of logical synthesis created as a result of the reception of the norms of German law and the norms of US law, the article mainly provides a comparative analysis of the Georgian and German legal norms on the status of the LLC shareholder, as well as, to some extent, the US regulations.

The Legal Status of Local Government in South Africa under the New Constitutional Dispensation

2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Mbuzeni Mathenjwa
Keyword(s):  
South Africa ◽  
Local Government ◽  
Legal Status ◽  
Case Law ◽  
The Status ◽  
History Of ◽  
The Republic ◽  
First Time

The history of local government in South Africa dates back to a time during the formation of the Union of South Africa in 1910. With regard to the status of local government, the Union of South Africa Act placed local government under the jurisdiction of the provinces. The status of local government was not changed by the formation of the Republic of South Africa in 1961 because local government was placed under the further jurisdiction of the provinces. Local government was enshrined in the Constitution of the Republic of South Africa arguably for the first time in 1993. Under the interim Constitution local government was rendered autonomous and empowered to regulate its affairs. Local government was further enshrined in the final Constitution of 1996, which commenced on 4 February 1997. The Constitution refers to local government together with the national and provincial governments as spheres of government which are distinctive, interdependent and interrelated. This article discusses the autonomy of local government under the 1996 Constitution. This it does by analysing case law on the evolution of the status of local government. The discussion on the powers and functions of local government explains the scheme by which government powers are allocated, where the 1996 Constitution distributes powers to the different spheres of government. Finally, a conclusion is drawn on the legal status of local government within the new constitutional dispensation.

GENESIS OF LEGAL RESPONSIBILITY OF JUDGES IN UKRAINE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
The State ◽  
Judicial System ◽  
Court Decision ◽  
Legal Responsibility ◽  
Criminal Prosecution ◽  
Legal Analysis ◽  
Legal Literature ◽  
Modern Methods ◽  
The Status ◽  
Moral Damage

The article examines the features of the formation (genesis) of legal responsibility of judges in Ukraine (from Kievan Rus to the present day). It has been proven that at present there are many problems regarding the criminal (legal) responsibility of judges. It was found that judges are insufficiently protected from manifestations of criminal prosecution, which, in turn, affects the increase in loyalty to the prosecution, in contrast to the defense in the criminal process. It has been established that today there are no perfect mechanisms for appealing the inaction of judges in court. It was determined that bringing judges to disciplinary responsibility in the High Council of Justice does not fully comply with the requirements of the European Charter on the Status of Judges. Based on the results of the legal analysis of the activities of the institutions of judicial responsibility, it was found that modern methods of bringing judges to justice in Ukraine are imperfect, often contradictory, and in some cases allow judges to avoid responsibility. It has been established that the issue of civil liability of judges for carrying out wrong actions against citizens today requires an urgent solution, since the legal literature does not fully disclose the provisions that govern the conditions, grounds and procedure for holding judges accountable for resolving unfair sentences and implementing illegal actions that entail material and/or moral damage to citizens. It has been determined that for harm caused as a result of an unjust court decision made by a judge, as well as due to the judge's inaction, property liability is imposed on the state, since the judge conducting the proceedings acts on behalf of the state, that is, Ukraine. It was found that today a judge can be brought to disciplinary responsibility in cases determined in accordance with the Law of Ukraine «On the Judicial System and the Status of Judges».

scholarly journals STATUS OF EXPOSERS IN CRIMINAL PROCEEDINGS

2020 ◽  
Author(s):  
B. Drychyk
Keyword(s):  
Legal Status ◽  
Information Provision ◽  
Legal Liability ◽  
Legal Analysis ◽  
Legal Aid ◽  
Criminal Proceedings ◽  
The Status

The article describes and analyzes the peculiarities of the legal status of the defendants in criminal proceedings. There is a need for a thorough legal analysis of the legislative consolidation of the rights and guarantees of participation of this category of subjects both at the stage of pre-trial investigation and at trial. The result of the work is the conclusion about the possibility of the defendant's participation in criminal proceedings, his release from legal liability, the use of legal aid, confidentiality, provision of information, provision of information on the status and results of the examination, inspection and / or investigation, lodging an appeal.

THE LEGAL STATUS OF CENTRAL BANK INVESTMENTS UNDER ENGLISH LAW

1998 ◽  
Vol 57 (2) ◽  
pp. 374-390 ◽  
Author(s):  
WILLIAM BLAIR
Keyword(s):  
Legal Status ◽  
Case Law ◽  
Central Banks ◽  
The Public ◽  
State Immunity ◽  
The Us ◽  
English Law ◽  
The Uk ◽  
Special Provision ◽  
Made In

Central banks have enormous sums of money in various forms of investments. When claims are made either against the banks themselves, or against other governmental bodies, issues arise as to whether these assets can be attached, and made available to satisfy judgments. The article explains how central banks are treated in English law. It explains the special provision made in respect of their assets under the State Immunity Act 1978. There is wide immunity from attachment, though questions can arise as to the ownership of such assets. The UK legislation is, in some respects, wider than its counterpart, the US Foreign Sovereign Immunities Act 1976. Recent case law is described in which the English courts have recognised that the public responsibilities of central banks have to be taken account of when determining the extent of their liability to attachment.

Some Features of Termination of Rowers of the Chairman of the Court of General Jurisdiction

2021 ◽  
Vol 4 ◽  
pp. 66-70
Author(s):  
Ya.B. Zholobov ◽  
Keyword(s):  
Legal Status ◽  
Early Termination ◽  
Legal Norms ◽  
The Status ◽  
Age Limit

The derivative nature of the legal status of the president of the court from the status of a judge in general requires the establishment of certain correspondences in the mechanisms for its acquisition and termination. At the same time, the existence of disciplinary and other liability of court presidents for non-performance of their duties leads to an arbitrary interpretation and application of existing legal norms established at the level of legislative and subordinate acts. The article supports the idea of appointing presidents of courts from among persons with judicial status. The options for terminating the powers of the chairman of the court are considered: automatic suspension or termination in the event of suspension or termination of their powers as judges of the respective courts; reaching the age limit for office; voluntary resignation while retaining the powers of a judge; early termination of powers of the chairman of the court with the preservation of the position of judge in connection with the failure to perform or improper performance of his official duties.

Who Are Protected by the Fundamental Guarantees under International Humanitarian Law? Part 2: Breaking with the Control Requirement in Light of the icc Case Law

2021 ◽  
pp. 1-58
Author(s):  
Raphaël van Steenberghe
Keyword(s):  
Armed Conflict ◽  
Legal Status ◽  
Case Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
General Control ◽  
Geneva Conventions ◽  
The Status ◽  
Control Requirement ◽  
Specific Paper

Abstract International humanitarian law provides for fundamental guarantees, the content of which is similar irrespective of the nature of the armed conflict and which apply to individuals even if they do not fall into the categories of specifically protected persons under the Geneva Conventions. Those guarantees, all of which derive from the general requirement of human treatment, include prohibitions of specific conduct against persons, such as murder, cruel treatment, torture, sexual violence, or against property, such as pillaging. However, it is traditionally held that the entitlement to those guarantees depends upon two requirements: the ‘status requirement’, which basically means that the concerned persons must not or no longer take a direct part in hostilities, and the ‘control requirement’, which basically means that the concerned persons or properties must be under the control of a party to the armed conflict. This study argues in favour of breaking with these two requirements in light of the existing icc case law. That study is divided into two parts, with each part devoted to one requirement and made the object of a specific paper. The two papers follow the same structure. They start with general observations on the requirement concerned, examine the relevant icc case law and put forward several arguments in favour of an extensive approach to the personal scope of the fundamental guarantees. The first paper, which was published in the previous issue of this journal, dealt with the status requirement. It especially delved into the icc decisions in the Ntaganda case with respect to the issue of protection against intra-party violence. It advocated the applicability of the fundamental guarantees in such a context by rejecting the requirement of a legal status, on the basis of several arguments. Those arguments relied on ihl provisions protecting specific persons as well as on the potential for humanizing ihl on the matter and also on the approach making the status requirement relevant only when the fundamental guarantees apply in the conduct of hostilities. The second paper, which is published here, deals with the control requirement. It examines several icc cases in detail, including the Katanga and Ntaganda cases, in relation to the issue of the applicability of the fundamental guarantees in the conduct of hostilities. It is argued that the entitlement to those guarantees is not dependent upon any general control requirement, and that, as a result, some of these guarantees may apply in the conduct of hostilities. This concerns mainly those guarantees whose application or constitutive elements do not imply any physical control over the concerned persons or properties.

scholarly journals HAK KEWARISAN BAGI AHLI WARIS YANG MELAKUKAN OPERASI PENYESUAIAN KELAMIN GANDA (KHUNTSA) DALAM TINJAUAN HUKUM ISLAM

2017 ◽  
Vol 2 (1) ◽  
pp. 63
Author(s):  
Wiwit Widya Wirawati ◽  
Abdullah Kelib
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Research Result ◽  
Secondary Data ◽  
Legal Norms ◽  
Descriptive Research ◽  
The Status ◽  
Approach Method ◽  
The Right ◽  
Double Sex

<p>ABSTRACT<br />Allah SWT has set the rules on the issue of inheritance clearly and firmly in Al-Qur'an Surah An-Nisa article 11. It explains about the division of inheritance based on male and female sex, that is 2:1 (Das Sollen). But in fact there is a group of people called Khuntsa (double sex). Neither in Al-Qur‘an nor Hadist explains the provisions of inheritance for khuntsa heirs and the large number of parts they receive (Das Sein). The formulation of the problem in this study is how inheritance for the heirs who perform double genital surgery (khuntsa) according to KHI and how the right should be given to the heirs who perform<br />double genital adjustment surgery (khuntsa) in accordance with Islamic Law. <br />This research uses juridical normative approach method with analytical descriptive research specification. Sources and types of data are secondary data obtained from Islamic legal norms on inheritance and khuntsa obtained from Al-Quran, Hadist, KHI, and fuqaha and experts opinions in various literature on inheritance and khuntsa. <br />Based on the research result, khuntsa inheritance right is not regulated in KHI.<br />Theredore if khuntsa conducts genital adjustment surgery, and get the clarity of its legal status hence its right of inheritance is as specified in Article 176 KHI. The provision of inheritance for khuntsa heirs in Islamic Law is khuntsa first predicted as male then female.<br />Khuntsa and other heirs share the smallest and most convincing estimates, while the remaining doubts are held until the status of the khuntsa law is clear. If the khuntsa matter is clear, the acceptance of all the heirs is perfected by adding share to those who are reduced according to the acceptance they should receive. In the future, the formulation of KHI should regulate the right of khuntsa inheritance along with the amount of the inheritance received.</p><p> </p>

scholarly journals Международно-правовое положение Внутренней Монголии на рубеже XIX–XX вв. глазами ее правителя (записка хорчинского князя Удая, 1910 г.)

2020 ◽  
Vol 13 (6) ◽  
pp. 1496-1512
Author(s):  
Roman Yu. Pochekaev ◽  
Keyword(s):  
Inner Mongolia ◽  
Legal Status ◽  
Point Of View ◽  
Legal Analysis ◽  
Historical Archive ◽  
Russian State ◽  
The Status ◽  
The Russian Empire ◽  
Chinese Peasant ◽  
Regional Authorities

Introduction. The article publishes and provides a historical legal analysis of one letter by Prince Uday, ruler of Khorchin Khoshun (Horqin Banner) in Inner Mongolia at the end of 19th – first quarter of 20th century, who sent it to Pyotr Stolypin, the Prime-Minister of the Russian Empire, in 1910. This letter is a part of a file kept in the Russian State Historical Archive (St. Petersburg, Russia) in original Mongolian as well as in its Russian translation. As is known, the document was not published before. Goals. The aim of research is to extract from the Uday’s note — the information on the international legal status of Inner Mongolia which is given from the local ruler’s point of view. Results. The results of the research confirm the value of the note as a source, although its author attempted to emphasize his own significance in the eyes of the Russian authorities. Coupled with materials of other contemporaries (Russian and Western diplomats, intelligence officers, missionaries, merchants and scientists) it allows to give an authentic view on the status of Inner Mongolia at the international scene at the edge of 19th – 20th centuries. The utmost interest should be paid to the dynamics of relations of rulers of Inner Mongolia with the Qing imperial authorities that initiated a forced colonization of Mongolian lands through resettlement of Chinese peasant colonists, changes in relations of Manchu administration and Mongol feudal lords with Russian regional authorities and merchants, as well as strengthening of the Japanese influence in the region.

scholarly journals Orzecznictwo i doktryna jako źródło prawa prywatnego

2018 ◽  
Vol 112 ◽  
pp. 47-65
Author(s):  
Józef Frąckowiak
Keyword(s):  
Case Law ◽  
Court Decision ◽  
Private Law ◽  
Legal Norms ◽  
Applicable Law ◽  
Legal Relation ◽  
Unambiguous Determination ◽  
Legal Literature ◽  
The Republic

JURISPRUDENCE AND DOCTRINE AS A SOURCE OF PRIVATE LAWIn Polish legal literature, it has long been pointed out that jurisprudence and doctrine have an impact on the formation of legal norms. In private law, the influence of jurisprudence and doctrine is particularly visible. Despite the unambiguous determination in art. 87 of the Constitution of the Republic of Poland, which is a source of law, and lack of case law and doctrine in this list, they play an important role in the creation of the norms of applicable law. In the private law doctrine, it is assumed that the norm of applied law is nothing else but a legal relation understood as a pattern of authorized and prescribed behavior for its parties. Such a relationship that arises from a legal event is shaped by elements derived from: ius cogens norms, parties agreement, ius dispositivi norms, non-legal norms to which the law or agreement of the parties refers, and ultimately by a court decision, within the limits specified in art. 322 k.p.c Code of Civil Procedure. The presented study is devoted to demonstrating what is the role of jurisprudence and the doctrine supporting it in the interpretation of the concepts used in the regulations and what are the relations between the legislator and the case law in this respect.

scholarly journals SOME ASPECTS OF THE LAWYER'S INVOLVEMENT IN THE NOTARIAL PROCESS

2020 ◽  
pp. 5-11
Author(s):  
M. Bondareva ◽  
S. Rabovska
Keyword(s):  
Legal Status ◽  
Case Law ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Functional Importance ◽  
Power Of Attorney ◽  
Negative Effects ◽  
Functional Component ◽  
Legal Situation ◽  
Legal Fact

The article examines the role and functional importance of the lawyer's involvement in the notarial process, discusses the peculiarities of the lawyer's procedural activity in committing certain groups of notarial proceedings. Based on the analysis of judicial and notarial practice, the authors consider the issues of registration of the powers of the lawyer who provides representation in the notarial process. The article concludes that it is necessary to eliminate ambiguous understanding of documentary confirmation of the representative's powers. The specifics of participation in the notarial process and the peculiarities of legal regulation for such participation are determined by the nature of procedural formalities in the sphere of the notarial process. The necessity of determining the lawyer's powers in the notarial process on the basis of a power of attorney issubstantiated. The specifics of the lawyer's activity in the notarial process are proposed to be determined on the basis of two significant aspects: the legal status of the person represented by the lawyer and the nature, complexity, subjectivity of the notarial proceedings. Since the notarial procedure involves the search for the most favorable, acceptable to the parties options for solving their legal situation, the use of various instruments of legal technique, the negative effects of the lawyer's participation in the dynamics of notarial proceedings areanalyzed. Particular attention is paid to the functional component of the lawyer's participation in the notarial proceedings in terms of the stage of the notarial process. Based on the analysis of the case law and the practice of notary decrees on the refusal to perform a notarial act, it is concluded that most of the refusals were made on the grounds that could be eliminated or corrected by the applicant. The paper also stipulates the expediency of the lawyer's involvement in the notarial process for the purpose of increasing the efficiency of such a process. The efficiency of the lawyer's participation in the stage of preparation for the execution of the notary proceedings is determined in order to ensure the legal analysis of the documents as should be provided by the applicant for confirmation of one or another legal fact; legal analysis of the grounds for refusal of a notary in committing notarial proceedings; ways of adjusting the course of the notarial process, offering alternatives to solving the legal situation of theperson. The article highlights the problematic aspects of the personal participation of a person on behalf of and in the name of whom the notarial proceedings are committed. Cases where such participation is mandatory are demonstrated. Based on the research, the authors of the article offer independent conclusions and judgments on the analyzed topics.

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