scholarly journals CAPITAL INVESTMENTS: NORMATIVE LEGAL AND ACCOUNTING

2021 ◽  
pp. 166-181
Author(s):  
Olena PODOLIANCHUK ◽  
Nataliya GUDZENKO
Keyword(s):  
Capital Investment ◽  
Legal Framework ◽  
Legal Regulation ◽  
Capital Investments ◽  
Object A ◽  
Separate Object ◽  
The Difference ◽  
Definition Of ◽  
The Cost

The article evaluates the legal regulation and accounting of capital investments and determines that a single and precise term that would determine their essence has not yet been developed. The difference in the definitions of capital investments is outlined, which leads to confusion in their evaluation and reflection in the system of accounting accounts. There are two approaches to determining the nature of capital investment in the legal framework: economic and accounting. The dynamics and structure of capital investments by types of assets in terms of 2015-2019 are presented. Based on the results of elaboration of the regulatory framework and scientific opinions of scientists, their own opinion on the definition of capital investment has been expressed. It is noted that in the organization of accounting for capital investments it is important to assess, classify, justify objects, as well as the allocation of costs to current (to maintain the object in working order) and attribute investments to capital (improving the functional properties of the object ). A generalized classification of capital investments is proposed, which will help to timely and fully systematize the accounts and reflect in the reporting of objective and reliable information. It was found that one of the problems of accounting for capital investments is the distribution of costs and investments incurred between current costs and capital investments. Entities are invited to develop their own criteria for identifying capital investment objects and assigning the cost of repairs (capital repairs) to capital investments and approve them in the accounting policy and order. In order to ensure the objectivity of the information on capital investments, alternative changes to the Chart of Accounts have been proposed in the part of the Capital Investments account. The submitted proposals will provide an opportunity to consider capital investments as a separate object of accounting and to assess the rationality of investments.

scholarly journals PROBLEM ASPECTS OF DEFINITION OF THE CONCEPT OF PREDUDICATION IN THE MODERN CRIMINAL PROCESS

2020 ◽  
Vol 73 (4) ◽  
pp. 163-168
Author(s):  
Olexiy Scriabin ◽  
Keyword(s):  
Legal Regulation ◽  
Legal Rule ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Legal Space ◽  
The Subject ◽  
The Difference ◽  
Definition Of ◽  
Legal Consequences

The article considers the issue of defining the essence of the concept of prejudice in criminal proceedings. Prejudice is a complex and multifaceted concept. Depending on the meaning of the concept, the scope and effect of the institution of prejudice in criminal proceedings may be narrowed or expanded. The approaches of modern scientists to the definition of prejudice are highlighted. Prejudice is a rule of evidence, which establishes the procedure and grounds for use in the process of proof by the investigator, prosecutor, body of inquiry, judge, court of legal conclusions and facts established by those that have entered into force on the basis of the investigator, prosecutor , courts in administrative, commercial, civil or criminal cases, which essentially resolved the case, as those that do not require re-proof. The classification of prejudices according to the scale of application in the legal space is considered; depending on the subordination in legal regulation; by the nature of the connection with other cases; depending on the legislative consolidation; by legal consequences; depending on the subject of legal regulation; depending on the ability of the participants in the process to challenge the prejudice; by the subject of the creation of the prejudice. The problematic aspects of determining prejudices are analyzed. Necessary and important in determining the essence of the concept of prejudice is its distinction with the concepts of presumption, precedent and prejudice. The difference between precedent and presumption is manifested in the fact that precedent contains a legal rule for resolving a legal dispute, and prejudice is an evidentiary rule for the use of facts and legal conclusions. Prejudice and prejudice are not identical, as prejudice is a manifestation of such a characteristic of the legal force of a court decision as binding. The difference between a presumption and a prejudice lies primarily in their scope.

scholarly journals Illegal benefit in anti-corruption legislation: problems of legal regulation

2021 ◽  
Vol 2021 (2) ◽  
pp. 57-66
Author(s):  
О. V. Vynohrad ◽  
◽  
P. H. Kovalska ◽  
Keyword(s):  
Criminal Liability ◽  
Legal Regulation ◽  
Application Of Law ◽  
Long Time ◽  
The Difference ◽  
Definition Of ◽  
To Receive ◽  
Rule Making ◽  
Incorrect Classification

The types and meaning of the main methods of preventing corruption are examined in the article. Administrative methods of combating corruption are identified among them. They are divided into two groups: rule-making (adoption of relevant law); law enforcement (application of law). The importance of proper legislative regulation in liquidating corruption is outlined. The formation of anti-corruption legislation, which has been going on for a long time, is revealed and it is noted that to date anti-corruption legislation has undergone a significant transformation and changed its purpose that is “prevention” instead of “struggle”. Emphasis is placed on innovations and reforms contained in the updated anti-corruption legislation. The provisions of statutary acts, which enshrine illegal benefit, are given. For carrying out a detailed analysis, the scholars’ positions on the current legislation on the definition of “illegal benefit” were analyzed. It revealed differences in existing approaches to the essential features of this phenomenon. The concept and features of a gift are analyzed in order to distinguish it from the illegal benefit and identify the main reasons for this. The importance of clear regulation of illegal benefit and gifts in order to avoid incorrect classification of violated anti-corruption legislation was emphasized. After analyzing the essence of “illegal benefit” and “gift”, it was found out that common to the subject of gift and illegal benefit was to receive both materially defined and things that do not have a monetary equivalent and material reflection. A sign that allows to distinguish a gift from an illegal benefit is the sign “without any legal grounds” for receiving an illegal benefit and “gratuitousness and receipt/gift at a price below the minimum market”. It is the last part of the component definition of a gift that testifies to the value characteristics of a gift. It is noted that taking into account the fact that since the difference between a gift and an illegal benefit is unclear, it may lead to incorrect classification of violated anti-corruption legislation. Key words: illegal benefit, gift, anti-corruption legislation, corruption offense, corruption-related offenses, criminal liability, administrative liability.

scholarly journals PROPERTY IN ECONOMIC ACTIVITY: CERTAIN PROBLEMS OF DEFINITION AND CLASSIFICATION IN UKRAINE

2021 ◽  
Vol 76 (3) ◽  
pp. 52-61
Author(s):  
Oleksandra Rozhenko ◽  
Keyword(s):  
Economic Activity ◽  
Legal Regulation ◽  
Process Approach ◽  
Property Relations ◽  
Economic Entity ◽  
Specific Category ◽  
Category Property ◽  
Definition Of ◽  
Management Functions

The article examines the definition of the term «property» in management sphere, analyses the existing definitions of the term «property» in management sphere. On this basis, the different approaches are identified and a process approach to the interpretation of a specific category is proposed. Regarding the classification of the types of property and sources of its formation, the use of terms and concepts that have expired in the legislation has been established. It is proposed to eliminate the identified differences and contradictions in the interpretation of the terms of legal regulation of property relations in management sphere in Ukraine in view of the types of property and sources of its formation. The definition of the category «property» in management sphere, which is available in current legislation and modern scientific sources, is considered. The approaches to the definition of the term «property» in management sphere are singled out, namely: property is things, assets, property of a certain type, classification-based approach and combined approach. The definition of the essence of the term «property» in management sphere is proposed to be considered according to the process approach, which is initially considered resources, which later acquire the characteristics of assets and further property. The differences and ramifications in the classification types of property under the current legislation are analysed, the ways of their elimination are offered, which will lead to the increase of efficiency of the use of the created property of the economic entity. According to the process approach, which assumes that a certain set of resources acquires the characteristics of assets, which, in turn, are part of the property of a particular entity. A distinctive feature of the proposed approach is that the property in management sphere is defined as a set of assets that are formed through a number of resources. The use of the provided proposals and elimination of identified contradictions in the classification of property types and sources of its formation will promote the intensification of various management functions of economic activity in the part of implementing economic mechanisms and regulators to optimize property formation and increase of its efficiency.

scholarly journals LEGAL AXIOMS: APPROACHES TO UNDERSTANDING

2020 ◽  
Vol 1 (9) ◽  
pp. 8-12
Author(s):  
Inna Zelenko ◽  
Keyword(s):  
Legal Regulation ◽  
Complex Phenomenon ◽  
Legal Principles ◽  
Common Features ◽  
The Third ◽  
Legal Science ◽  
The Difference ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship

The article reflects the diversity of views on the concept of "legal axiom". It is clarified that there are lawyers who deny the existence of the concept of "axiom" in law. It is presented that some scholars identify legal axioms with legal customs in terms of content, formulation and existence, as well as methods of provision. It is revealed that legal axioms have common features and differences with legal presumptions. It is emphasized that the legal presumption and legal axiom are understood as true without evidence. It is considered that the difference between a legal presumption and a legal axiom lies in the difference of circumstances: they allow to consider them plausible; possibilities (impossibilities) of refutation; significance, content and form It is demonstrated that there are several approaches to the relationship of legal axioms with the principles of law. It has been found that the first group of scholars identify the principles of law and axioms. Attention is drawn to the fact that the second group of scholars notes that axioms are prerequisites for the principles of law. It is presented that the representatives of the third group distinguish between the concepts of principles of law and legal axioms. It has been shown that the complex interrelationships of principles and axioms are reflected in their dialectical unity, their ability to pass from one to another, and the disclosure of one phenomenon through another. It is noted that axioms are subject to change, so axioms and presumptions are closely interrelated and under certain conditions can replace each other. The definition of legal axioms has been further considered. Legal axioms are a multifaceted complex phenomenon of legal reality related to law, legal awareness and legal science. regularities, properties of special legal principles of law and serve to simplify legal regulation.

Budget Security Threats and Risks within the Framework of the Digital Economy Development

Financial law ◽  
2021 ◽  
Vol 1 ◽  
pp. 37-39
Author(s):  
Nadezhda G. Dolmatova ◽  
Keyword(s):  
Public Relations ◽  
Digital Technologies ◽  
Legal Framework ◽  
Legal Regulation ◽  
Digital Economy ◽  
Security Threats ◽  
Digital Currency

Currently, Russia has begun to form a legal framework for the development of the digital economy. The introduction of digital technologies affects all areas of public relations, including budgetary legal relations. In connection with digitalization, issues of budget security are becoming more relevant. The article substantiates the need to improve the legal regulation of budget relations in terms of ensuring budget security and the use of digital technologies. The author’s classification of budget security threats is given. Legal contradictions in the field of digital currency regulation are revealed. Measures are proposed to eliminate conflicts and gaps in the current legislation regulating budgetary legal relations and relations arising in connection with the use of digital currency.

scholarly journals COMMUNICATION PLATFORMS: A MODER VISION

2021 ◽  
Vol 12 (1) ◽  
pp. 98-106
Author(s):  
Angelica Dosenko
Keyword(s):  
Social Networks ◽  
Communication Technologies ◽  
Theoretical Justification ◽  
Communication Platform ◽  
Independent Unit ◽  
Different Types ◽  
Points Of View ◽  
The Difference ◽  
Definition Of

The aim.Тhere is a theoretical justification for the phenomenon of «Communication Platform».Theapplied social and communication technologies there is a layering of terminological apparatus: classification and identification of terms and theoretical and methodological basis. One of such phenomena is the development of communication platforms, which are separated into an independent definition and depart from Internet platforms and social networks. It is important to study the development of platforming as a process of forming platforms of different types and cluster formation.Research methods.The method of theoretical analysis is used to study the existing points of view and clearly derive the definition of «communication platform».A method of comparison to derive the author's vision of the existence and functioning of the characteristics of the definition of «Communication Platform»and distinguish it from other types of platforms.The method of sociological survey contributed to the practical vision of the communication platform as an independent unit that is able to raise socially important issues and help solve difficult issues.The resultsof the study showed the difference between the terms «Social Networks»and "Communication Platform". There is a classification of platforms, the difference between them. The own vision of the terminological unit is given. This approach demonstrated the need for further scientific study of the phenomenon, the need to unify the approach to the description of platforming as a process in applied social and communication technologies.Social networks as a communication unit are considered in detail, the features that distinguish platforms and social networks are described.The conclusionsemphasize the further need to study communication platforms as applied scientific units. The definition of the phenomenon taking into account the author's vision is offered. Emphasis is placed on the features inherent in communication platforms.

scholarly journals ACCOUNTING FOR CAPITAL INVESTMENTS AND ITS IMPROVEMENT

2021 ◽  
Vol 2021 (1) ◽  
Author(s):  
О. Kravchenko ◽  
N. Ovcharova ◽  
A. Baha ◽  
D. Kravchenko
Keyword(s):  
Internal Control ◽  
Capital Investment ◽  
Information Needs ◽  
Rapid Development ◽  
Production Costs ◽  
Capital Investments ◽  
Investment Activity ◽  
Efficient Operation ◽  
Definition Of ◽  
And Control

At present, issues related to investment activities in Ukraine are very important. Of particular importance is the investment activity related to capital investment, creating a solid foundation for stable, efficient operation and rapid development of each enterprise. Insufficient capital investment can lead to limited opportunities, loss of income, increased production costs, increased production shortages, loss of competitiveness and decline of the enterprise. For effective management of capital investments of the enterprise the system of accounting and analytical support based on reliable definition of their cost, the mechanism of their reflection in the account and the reporting, effective system of the analysis and internal control is important. This study is devoted to the consideration of theoretical and methodological issues and problems of organization of accounting of capital investment accounting, identification of areas for improvement. This article analyzes domestic and international regulations on accounting to determine the nature and composition of capital investments. The issue of formation and differentiation of capital investment costs is considered. The classification of capital investments on various grounds is reflected, which is important for the formation of a proper organization of accounting and control in the enterprise. Sources of capital investment are the company's own funds, the use of budget funds or extrabudgetary funds, other sources of funding. The main sources of financing capital investments today are the own funds of enterprises. Generalized approaches to reflect capital expenditures that are associated with the creation or acquisition of non-current assets, as well as those that are included in the initial cost of such objects, in the accounts. It is proposed to streamline accounting through the introduction of additional sub-accounts that will meet the various information needs for analysis and control of capital investments in the enterprise. To separate the components of capital investments, the characteristics of the new sub-accounts to account 15 "Capital investments" are given. The main elements that need to be disclosed in the order on the company's accounting policy for capital investment are presented.

scholarly journals FEATURES OF DETERMINATION OF THE COST OF PLANTS CERTAIN KINDS WHEN CARRYING OUT FORENSIC MERCHANDISING EXAMINATIONS

2017 ◽  
Vol 17 ◽  
pp. 351-359
Author(s):  
О. S. Obolentseva-Krasivska
Keyword(s):  
Ornamental Plants ◽  
Biological Properties ◽  
Planting Material ◽  
The Subject ◽  
Definition Of ◽  
The Cost ◽  
Market Relations

Flowers, ornamental plants, planting material (saplings) and other plants with regard to which the market with possibility of carrying out independent adequate marketing was formed, are the subject of evaluation by the experts in field of forensic merchandising. With the development of the market and market relations such goods as flowers, planting material and others are increasingly encashed in the market of Ukraine and become the objects of forensic merchandising examinations and expert researches. Special feature of merchandising researches of the plant origin objects is the use of the comprehensive approach to the estimation of their quality and cost. Researches are carried out with the purpose of determination of properties, consumer value, conformity to standards and specifications of plants certain kinds. When studying a considerable variety of flower plants, one distinguishes scientific and industrial classifications. In merchandising flowers industrial classification of flower ornamental plants which provides distribution of flower plants to the separate groups similar on biological properties, the agricultural technician of cultivation and practical application in gardening is used. During carrying out merchandising examinations on an establishment of consumer properties of certain kinds plants, namely establishments organoleptic indicators of quality and quantity of flower decorative production given for research, the expert checks conformity of this production to requirements of normative and technical documents. Requirements to quality of flower production are normalised by standards depending on production kind – cutf lowers, pottery blossoming plants, pottery decorative sheet plants, sprouts of flower decorative production, planting material, seeds of flower ornamental plants. At carrying out merchandising researches of flower decorative production, plants and saplings it’s necessary for merchandising experts to pay special attention on definition of quality indicators and a grade of plants according to standards, and also to consider data concerning age of a plant, novelty of a grade and origin country of production.

The Role of the Federal Budgetary Investments in Ensuring the Socio-Economic Development of Russia in 2019–2021

2019 ◽  
Vol 12 (3) ◽  
pp. 48-58
Author(s):  
R. A. Alandarov
Keyword(s):  
Economic Development ◽  
Socioeconomic Development ◽  
Federal Budget ◽  
Developed Countries ◽  
Legal Framework ◽  
Legal Regulation ◽  
Capital Investments ◽  
Investment Planning ◽  
Socio Economic Development ◽  
Investment Structure

The paper describes the specifics of planning federal budget allocations for budgetary investments in 2019–2021.The relevance of the paper is due to the fact that Presidential Decree No. 204 of May 07.2018 sets the goal for Russia to break into the top five world economies and ensure economic growth rates exceeding the world rates while maintaining the macroeconomic stability. The subject of the research is federal budget allocations for budgetary investments. The purpose of the research was to assess the volume, dynamics, structure and legal support of budgetary investments to ensure their compliance with the objectives of the socio-economic development of Russia. Based on a dynamic structural analysis of the federal budget investments as well as a comparative analysis of fixed investments in Russia and developed countries, it is concluded that there is a need to enhance the fixed asset investments by increasing budgetary investment amounts along with encouraging private investing by the population and businesses. Apart from increasing capital investments from the federal budget, it is also important to update the budgetary investment structure with a focus on the main socioeconomic development targets. The analysis of the legal regulation in the field of budgetary investments showed the necessity to refine the existing legal framework to improve the quality of the budgetary investment planning. Following the analysis of factors hindering the growth of private investing, proposals were made on to how to improve the investment climate in the Russian Federation.

Law in Ensuring the Safety of Genetic Technologies Against their Use for Criminal Purposes

Lex Russica ◽  
2020 ◽  
pp. 47-53
Author(s):  
N. V. Kruchinina
Keyword(s):  
Legal Status ◽  
Assisted Reproductive Technologies ◽  
Reproductive Technologies ◽  
Legal Framework ◽  
Legal Regulation ◽  
Human Reproduction ◽  
Economic Progress ◽  
Genetic Technologies ◽  
Criminal Groups ◽  
Definition Of

Genetic technologies offer wide prospects for socio-economic progress. At the same time, their application in practice could put at stake the interests of society, human rights and freedoms. Therefore, the development of genetic technologies requires its analysis from the standpoint of jurisprudence, thoughtful legislative regulation and protection from uncontrolled spread and criminal use. The paper analyzes different points of view on the use of genetic technologies. The author substantiates the necessity of proper legal regulation and security of the process of development of genetic technologies. The paper contains the results of the scientific research. The paper elucidates the problems related to the use of genetic technologies in the process of artificial human reproduction: imperfection of the legal framework (In particular, lack of the definition of the legal status of human embryo, lack of justification for the legality of its use for research and therapeutic purposes), the threat of the use of genetic technologies for criminal purposes. The author concludes that the use of genetic technologies for criminal purposes is especially dangerous because organized criminal groups focus their attention on genetic technologies. This gives rise to a special criminal situation that requires new approaches for effective counteraction. To this end, the priority is given to identification of crimes committed with the use of genetic technologies and analysis of the emerging practice of investigating this category of crimes. Failure to comply with standards, deviation from regulations and procedures imposed on medical care may result in harm to health or death also when the assisted reproductive technologies are used. The author has made some proposals to solve these problems with due regard to domestic and foreign experience in the use of genetic technologies in the field of human artificial reproduction (in particular, it is proposed to establish effective international cooperation in this area).

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