scholarly journals Legal mechanisms for the implementation of corporate rights by public law entities

2020 ◽  
pp. 309-313
Author(s):  
Konstantin Leonov
Keyword(s):  
Local Governments ◽  
Supervisory Board ◽  
Legal Regulation ◽  
Public Law ◽  
The State ◽  
Corporate Rights ◽  
A Value ◽  
Communal Property ◽  
The Right ◽  
Authorized Capital

The state is the largest owner of corporate rights. Entities operating on the basis of state ownership only, as well as entities whosestate share in the authorized capital exceeds fifty percent or is a value that provides the state with the right to decisive influence on economicactivity are recognized as economic entities of the public sector of the economythese subjects. Instead, the subjects of economicsector of the economy are entities that operate on the basis of communal property only, as well as entities in the authorized capital ofwhich the share of communal property exceeds fifty percent or is a value that provides local governments with the right to decide impacton the economic activities of these entities.There are two main features of corporate rights of the state in the subjects of public law: 1) management of such corporate rightsis carried out in the manner prescribed by a separate law; 2) the purpose of managing the corporate rights of the state is to meet stateand public needs.In 2016, Ukraine underwent a reform that resulted in a significant strengthening of the legal regulation of the activities of supervisoryboards in companies in the authorized capital of which more than 50 percent of shares (stakes) belong to the state. In particular,an important novelty was that the majority of members of the supervisory board in such companies must be independent members ofthe supervisory board. Thus, in relation to the corporate rights of the state, the legislator has established a number of special restrictions.In particular, the corporate rights of the state are prohibited to transfer to companies for the formation of their authorized capital, exceptfor the transfer to the authorized capital of state joint stock companies and state holding companies. This restriction is aimed at preventingcovert privatization or withdrawal of corporate rights from state ownership.Significant strengthening of legal regulation of supervisory boards in companies in the authorized capital of which more than50 percent of shares (stakes) belong to the state, resulted in the introduction of the provision that the majority of members of the supervisoryboard in such companies must be independent members of the supervisory board. An independent member of the SupervisoryBoard has equal rights and responsibilities with other members and independently decides on voting on all issues on the agenda of theSupervisory Board meeting.

scholarly journals Peculiarities of notary protection of corporate rights of legal entities

2021 ◽  
pp. 112-117
Author(s):  
D.S. Derevyanko
Keyword(s):  
Legal Regulation ◽  
Public Law ◽  
The State ◽  
Business Organization ◽  
Family Labor ◽  
Corporate Rights ◽  
Legal Nature ◽  
Autonomous Republic ◽  
Authorized Capital ◽  
Legal Entities

In modern conditions of development and reforming the sources of legal regulation of private law relations, questions of their research have become especially actual. Approaches aimed to consolidate new, more appropriate mechanisms for regulating well-known legal institutions in the civil law of Ukraine have emerged. Article 9 of the Civil Code of Ukraine stipulates that its provisions are subject to application for the settlement of relations that may arise in the fields of environmental protection, use of natural resources, family, labor relations, if they are not regulated by other legislative acts. The above determines the study, including the features of notarial protection of corporate rights of both legal entities and comparison with the rules of such protection of the rights of other partic-ipants in civil relations. Corporate rights are the rights of a person whose share is defined in the authorized capital (property) of a busi-ness organization, including the authority to participate in the management of such business organization, receiving dividends (a certain share of profits) and assets in case of liquidation, as well as other laws and statutory documents. Corporate rights may belong to individuals and legal entities, the state of Ukraine, the Autonomous Republic of Crimea and territorial communities. Taking into account the legal nature of corporate rights, their definition, in par-ticular, through the possibility of receiving dividends and part of the property as a result of liquidation, corporate rights may belong to legal entities, including, for example, companies, cooperatives, farms, private enterprises and more. At the same time, in the article it has been substantiated the approach according to which the consolidation of provisions on the state, the Autonomous Republic of Crimea and territorial communities as legal entities under public law is inexpedient and premature. 

scholarly journals Legal principles of activity of the civil service of Ukraine on medicines and drug control

Legal Ukraine ◽  
2020 ◽  
pp. 8-16
Author(s):  
Kateryna Prystinska
Keyword(s):  
Drug Trafficking ◽  
State Policy ◽  
Local Governments ◽  
Medical Service ◽  
Legal Regulation ◽  
The State ◽  
Drug Control ◽  
Main Task ◽  
State Service ◽  
The Right

The article examines the activities of the State Medical Service of Ukraine in terms of consideration of their management, jurisdictional and control and supervisory component. The State Medical Service is a state body that exercises rights and responsibilities in the field of administrative and legal regulation of the use of drugs and drug trafficking. This body has the right to make decisions that are binding on certain executive bodies, local governments, officials, businesses, citizens. In order to solve complex problems related to human health and counteract the spread of illicit drug trafficking, in 2014 the State Service of Ukraine for Medicines and Drug Control was established by reorganizing the State Service for Medicines. funds and the State Drug Control Service. The main task of this structure was the implementation of state policy, which was previously carried out by the State Service for Medicines and the State Service for Drug Control. Calculations of quantitative indicators of the Regulations on this service have been carried out. Significant uneven distribution of material and shortcomings of legal technique are shown. The tasks of the State Medical Service are analyzed, which are systematized in the following areas: practice of application of legislation; state control; issuance of instructions and licenses; issuance of permits. It has been proved that the State Medical Service is responsible for implementing a set of measures to combat drug trafficking. Its structure, territorial subdivisions and state enterprises are considered. It is shown that in 2019 the State Medical Service found 2 453 violations of the law, which resulted in the termination of licenses and a ban on business activities. This structure interacts with law enforcement agencies, citizens, public and international organizations in the field of combating drug trafficking. It is noted that the State Medical Service conducts extensive international cooperation in the field of combating drug trafficking with the European Commissions and International Committees, to which information related to drug trafficking is sent on a regular basis. Key words: administrative activity, executive bodies, narcotic substances, medicines, state policy, illicit trafficking.

scholarly journals RIGHT OF MUNICIPAL PROPERTY IN THE STATES OF THE EUROPEAN UNION: THE ISSUES OF CONSTITUTIONAL AND LEGAL REGULATION

2020 ◽  
Keyword(s):  
Local Government ◽  
Local Governments ◽  
Good Governance ◽  
Legal Regulation ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Communal Property ◽  
The Right ◽  
The Eu

The article deals with the constitutional and legal regulation of the right of municipal property in member countries of the EU. It is noted that the constitutions of the Member States mostly ignore the concept of ownership of local self-government. At the same time, the constitutions reinforce the issue of material and financial basis. As a rule, the translation from the languages ​​of the member countries of the EU into English uses the notion of «municipal property», «local government property» or «public property». In the constitutions of the member countries of the EU, the principle of financial and financial autonomy, guarantees of local self-government are found. The legal basis of municipal property rights is also determined by the local government law, and sometimes by a municipal property law and local acts. The municipal property laws set out the basic principles of municipal property management. It is noted that the management is in the interest of the population of the municipality and with the care of «good governance». It is stated that the existence of a special law on the property of local self-government does not solve all issues of systematization of legislation in this area. It is summarized that in the study of the conceptual apparatus in the sphere of municipal (communal) property, the essence of this right is of fundamental importance. In the legislation of these countries there are both concepts: «municipal» and «communal property». These concepts should be regarded as synonymous and for the convenience of designating this form of ownership in the EU Member States, it is permissible to apply the concept of «municipal property». Examples of application of both concepts in constitutional legal acts are given. The article concludes that, regardless of the subject of the right of municipal property, democratic states provide guarantees for the management of municipal property for the benefit of the community; attention is paid to objects that are in permanent exploitation by residents of communes. The author note the direct link between the powers of local governments, the interests and needs of the community and municipal property. Functional delineation of municipal property by local governments influences the decision to acquire, multiply and dispose of them. Local government real estate management in these countries draws attention to the object of management, goals and main purpose, basic decision-making principles, etc.

Components of the economic sovereignty of the state

2021 ◽  
pp. 83-88
Author(s):  
Anna Turenko
Keyword(s):  
European Integration ◽  
Legal Regulation ◽  
The State ◽  
Basic Component ◽  
State Sovereignty ◽  
Significant Step ◽  
The Right

Economic sovereignty and its elements are analyzed in the article. It is emphasized that a significant step for rethinking approaches to the characteristics of the sovereignty of the state, in particular, the economic became European integration processes. On the example of tax sovereignty as a basic component of economic sovereignty, it is argued that state sovereignty and its realization depends not only on the right of state to independently decide on tax-legal regulation, but also on the nature of those measures selected by the state to carry out regulatory influences.

ADDITIONAL CONCLUSION ON A DISSERTATION

2021 ◽  
Vol 3 (3) ◽  
pp. 163-180
Author(s):  
А.V. Gabov
Keyword(s):  
System Analysis ◽  
Legal Regulation ◽  
Focus Of Attention ◽  
The State ◽  
State System ◽  
Federal Law ◽  
Current Regulation ◽  
Historical Method ◽  
The Right ◽  
Academic Degrees

Introduction: the article deals with the legal phenomenon of an additional conclusion on a dissertation that rarely comes into the focus of attention of domestic researchers, which is regulated in the Regulations on Awarding Academic Degrees and the Regulations on the Council for the Defense of Dissertations for the Degree of Candidate of Science, for the Degree of Doctor of Science. The relevance of the issue is explained by the ongoing processes of transformation of all the main elements of the state system of scientific certification. Purpose: to show the main elements of this institute, the problems of its regulation, including in connection with the changes made to the state system of scientific certification by Federal Law of 23 May 2016 No. 148-FZ “On Amendments to Article 4 of the Federal Law ‘On Science and State Scientific and Technical Policy’” (hereinafter – Law No. 148-FZ), as well as the directions for improving legal regulation of this institute. Methods: system analysis, historical method. Results: the goals of the institute of additional conclusions on the dissertation are revealed; marked defects in the regulation of additional conclusion on the dissertation; given the significant changes in the state system of scientific attestation in connection with the receipt of a number of organizations right of self-awarding degrees, as well as the accumulated practice of application of this institute, the directions of its improvement are formulated. Conclusions: according to the author of the article, the institute of additional conclusion should not be abandoned, it may well be in demand in the future and in the activities of organizations, those who have received the right to independently award academic degrees. The current regulation of the institute of additional conclusion requires complete renovation.

scholarly journals PROBLEMS OF LEGAL REGULATION OF THE USE OF POLYGRAPH IN THE SECURITY AND DEFENSE SECTOR OF UKRAINE

2021 ◽  
pp. 62-66
Author(s):  
S. Kazmiruk ◽  
I. Pampukha ◽  
N. Blyzniuk
Keyword(s):  
Armed Forces ◽  
Legal Regulation ◽  
The State ◽  
Political Activity ◽  
Control Procedure ◽  
Territorial Integrity ◽  
Linguistic Support ◽  
Military Security ◽  
The Right ◽  
Psychophysiological Detection

The year 2021 was proclaimed the year of the Euro-Atlantic transformation at the Department of Defense of Ukraine. The result of such transformational processes in the DoD of Ukraine and the Armed Forces of Ukraine will be the creation of the integrated Euro-Atlantic type defense institution that will ensure their obligatory transformation, together with the other subjects of the security and defense sector of Ukraine to the new standards functioning and the command and control procedure. In particular, the introduction of legal regulation of the use of the polygraph. Military security is one of the fundamental requirements to implement the right of the people of Ukraine on self-identification, preserve Ukraine as a state and secure its sustainable development. The protection of the sovereignty and territorial integrity of Ukraine is the utmost valuable function of the State. The fulfillment of this norm of the Constitution of Ukraine in terms of existential military threat to national security requires applying a number of measures and defensive actions that adhere to the principles and norms of international law. The main purpose of the Strategy of the military security of Ukraine is a preliminary prepared and comprehensively maintained all-encompassing defense of Ukraine based on the principles of deterrence, sustainability, and cooperation that ensures military security, sovereignty, and territorial integrity of the state by introducing innovative tools to detect hidden information. In the course of the Euro-Atlantic integration process, there is a critical moment to start carrying out specific, complex, and relevant tasks in the sphere of external political activity that facilitate the implementation of relevant directions in developing innovative systems aimed at identifying concealed and false information. Particularly, the linguistic support of events of defense and military cooperation in order to systematically implement the reforms of the security and defense sector that are directed to meet the international NATO-members' standards. It is also relevant to urgently implement the legal and ethical norms on the activity of the polygraph examiner's when performing a psychophysiological detection of deception using a polygraph.

scholarly journals Legal regulation of legal relations in the field of land accounting

2019 ◽  
Author(s):  
D. Kondratenko
Keyword(s):  
Public Relations ◽  
Local Governments ◽  
Legal Regulation ◽  
The State ◽  
Main Body ◽  
Public Authorities ◽  
Registration System ◽  
Land Registration ◽  
Land Relations ◽  
Definition Of

Problem setting. The article analyzes the issue of legal relations in the field of land accounting. The legal nature of public relations in this area has been clarified. The accounting of the quantity and quality of land is investigated. The author’s definition of legal relations in the field of land accounting is provided. The circle of subjects of these legal relations is outlined. Analysis of recent researches and publications. To date, in the scientific literature there is no comprehensive study of the legal regulation of legal relations in the field of land accounting. There are only developments devoted to certain issues of land law science. Target of research. The study of the legal regulation of legal relations arising in the field of land accounting, the allocation of subjects of these legal relations. Article’s main body Justification of the appropriateness of obtaining, systematizing all the resources available on the land plot, determining the size, quality status and distribution of the land fund, providing the necessary data about the land, studying the legal relations arising on this occasion. The basis of the land registration and registration system in Ukraine is the State Land Cadastre. It reflects the subjective information on land, which accumulates as a result of land accounting. Such information is necessary primarily for the implementation of state control over the use, reproduction and protection of land. Only a legally regulated and wellmaintained process of conducting accounting and registration activities in the field of land relations can become the key to the introduction and functioning of a transparent mechanism for the circulation of land in market conditions and an effective mechanism for managing them. In this aspect, it is important to note that it is necessary to distinguish land accounting in the proper sense and land rights accounting (as a broader category compared to the first). In the context of the land registration reform and the further process of improving the State Land Cadastre, it is necessary to talk about the formation of land information relations. Conclusions and prospects for the development. Land accounting relationships are public relations that arise in connection with the activities of public authorities and local governments, which are endowed with appropriate powers to take measures to obtain, systematize and analyze information on the quantity, territorial location and use of land. The subjects of these legal relationships are landowners and land users, the state, state authorities and local selfgovernments, who are vested with the respective powers.

scholarly journals Legal status of the company's share in own authorized capital under the Law of Ukraine “On limited and additional liability companies”: problems of legal regulation

2021 ◽  
Vol 11/1 (-) ◽  
pp. 31-36
Author(s):  
Volodymyr TSIUPRYK
Keyword(s):  
Legal Status ◽  
Limited Liability ◽  
General Meeting ◽  
Legal Regulation ◽  
Legal Nature ◽  
The Law ◽  
The Right ◽  
A Company ◽  
Authorized Capital ◽  
A Share

Introduction. Nowadays, the issue of determining the legal status of the company's share in the own authorized capital of LLC and TDV has become quite acute, as evidenced by the adoption on July 28, 2021 by the Commercial Court of Cassation in Case № 904/1112/20, in which the Court established a new approach legal nature of such a phenomenon and expressed his own position on the understanding of the legislation concerning the legal status of the share of LLC and TDV in its own authorized capital. Given that a limited liability company is the most popular type of legal entity that is chosen to conduct business in Ukraine, the analysis of this issue is relevant. Some scientific value for the development of the transfer of the participant's share are the works of individual authors devoted to the study of the legal nature of the share in the authorized capital but the problems arising around the legal status of the company. in their own authorized capital in these works were only mentioned along with others, but did not receive a detailed separate study. The purpose of the paper is to analyze the normative regulation of the legal status of the company's share in the own authorized capital of LLCs and ALCs, identification of shortcomings in their legal regulation and implementation, as well as the search for ways to eliminate them. Results. One of the most relevant decisions concerning the subject of this article is the Judgment of the Commercial Court of Cassation in case № 904/1112/20 of July 28, 2021. The court in this case found that the votes attributable to the share belonging to the company itself are not taken into account when determining the results of voting at the general meeting of participants on any issues. However, Ukrainian legislation does not contain any direct norms that would prohibit the exercise of the right to manage a company in relation to itself on the basis of a share in its own authorized capital. That is why the company cannot be a participant in relation to itself, although they seem logical, but do not have sufficient regulatory support, and therefore do not allow to be firmly convinced of their compliance with the law. In view of this, it can be stated that there is a significant gap in the national legislation on this issue, which, in our opinion, the Court failed to “fill” with this decision in the case. Conclusion. In the Ukrainian legislation at the level of the Law of Ukraine “On Limited and Additional Liability Companies” Article 25 defines the possibility for a company to acquire a share in its own authorized capital. However, the regulation of the legal status of such a share cannot be called sufficient, due to which in practice there are certain problems in the implementation of the provisions of the legislation concerning the share of the company in its own authorized capital. The solution of these legal problems is necessary to ensure the highest quality and clarity of the law, as well as to form case law with common approaches to understanding a single rule.

LEGAL MECHANISM AS THE BASIS OF ORGANIZATIONAL AND ECONOMIC MECHANISMS OF COORDINATION OF INTERESTS OF THE STATE AND TERRITORIAL COMMUNITIES IN UKRAINE

2017 ◽  
Author(s):  
Sergii Gryshko ◽  
Keyword(s):  
Local Governments ◽  
Scientific Publication ◽  
Legal Regulation ◽  
The State ◽  
Local State ◽  
Theoretical Substantiation ◽  
Organizational Mechanism ◽  
The Status ◽  
Economic Mechanisms ◽  
Legal Mechanism

The article is devoted to the theoretical substantiation of the conditionality of organizational and economic mechanisms of coordination of interests of the state and territorial communities by the legal mechanism. Based on the analysis of scientific approaches to the concept and classification of mechanisms of public administration in general, the author proposes to ensure the coordination of the interests of the state and territorial communitiesin Ukraine through legal, organizational and economic mechanisms. The scientific publication reveals the content of the legal mechanism for reconciling the interests of the state and territorial communities through such elements as forms and methods of legal regulation. Among the forms of legal regulation of coordination of interests of the state and territorial communities in Ukraine, attention is focused on the Constitution of Ukraine, international acts ratified by the Parliament of Ukraine, competent, general, and sectoral laws of Ukraine, resolutions of the Cabinet of Ministers of Ukraine, and regulations of central and local executive bodies, local self- government bodies, the subject of regulation of which is the status of local state administrations and local self-government bodies, as well as the nature of relations between them. The methods of legal regulation include and characterize the permits, instructions, and prohibitions established for legislative acts, established for local state administrations and local self-government bodies. Taking into account the analysis of forms and methods of legal regulation of coordination of interests of the state and territorial communities in Ukraine, it is set that due to them the organizational and economic mechanisms of coordination of interests arise and are realized. In particular, with regard to the organizational mechanism, the legal mechanism creates such organizational elements as organizational entities, which are local state administrations, local governments, advisory, consultative and other bodies, as well as organizational actions, in particular, conciliation procedures, and for economic determines economic resources such as the order of formation and amounts of budget funds, objects ofstate and communal property rights.

Public Servitudes for the Certain Types of Facilities Placing: Towards a Discussion on Public Interest Presence

2021 ◽  
Author(s):  
A.P. Ushakova ◽  
Keyword(s):  
Public Interest ◽  
Legal Regulation ◽  
Public Law ◽  
Point Of View ◽  
Private Interest ◽  
Public Interests ◽  
The Public ◽  
Private Interests ◽  
Arbitrary Decision ◽  
The Right

From the standpoint of the dominant interest criterion the article examines the justification of the legislator`s decision to apply public law methods in order to regulate relations concerning the use of land for infrastructural facilities placing. The author gives the arguments in favor of understanding the public interest as the interest of the whole society as a system, rather than the interest of an indefinite range of persons or the majority of the population. The author concludes that there is the simultaneous presence in the specified legal relations and private interests of the participants of legal relations, and public interests of society as a system. Both types of interests in these legal relations are important, but in terms of different aspects of the legal impact mechanism. Public interest is important because its realization is the purpose of legal regulation of this type of legal relations, from this point of view it acts as a dominant interest. The private interest of the holder of a public servitude is important as an incentive to attract the efforts of private individuals to achieve a publicly significant goal. The private interest of a land plot owner is important from the point of view of securing the right of ownership. It is substantiated that the public servitude is not an arbitrary decision of the legislator, but an example of application of the incentive method in the land law, which provides a favorable legal regime for a socially useful activity.

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