SOME ISSUES OF SENTENCE EXECUTION IN THE FORM OF FORCED LABOR

Author(s):  
Лилия Наиловна Попова

В статье рассматривается проблема недостаточного количества рабочих мест для трудоустройства осужденных к наказанию в виде принудительных работ: из-за ограниченного количества вакансий для данных осужденных отдельные территориальные органы испытывают трудности, так как возможность их трудоустройства напрямую связана с местом размещения исправительного центра. С учетом того что рабочих мест, предоставляемых органами местного самоуправления, не всегда достаточно, необходимо взаимодействие органов и учреждений ФСИН России с организациями различной правовой формы. Однако не каждая организация согласится трудоустраивать осужденных, так как возникает обязанность контроля за работающими осужденными. Автором предлагается правовой механизм предоставления льгот по финансовым обязательствам для коммерческих организаций, трудоустраивающих осужденных к принудительным работам. Реализация льгот позволит привлечь к сотрудничеству дополнительное количество коммерческих организаций и будет способствовать квотированию рабочих мест. The article deals with the problem of insufficient number of jobs for the employment of convicts sentenced to forced labor: due to the limited number of vacancies for these convicts, individual territorial bodies are experiencing difficulties, since the possibility of their employment is directly related to the location of the correctional center. Taking into account the fact that the jobs provided by local self-government bodies are not always enough, it is necessary to interact with the bodies and institutions of the Federal Penitentiary Service of Russia with organizations of various legal forms. However, not every organization will agree to employ convicts, as there is a duty to monitor the working convicts. The author proposes a legal mechanism for providing benefits for financial obligations for commercial organizations that employ convicts to forced labor. The implementation of the benefits will attract an additional number of commercial organizations to cooperate and will contribute to the quota of jobs.

2021 ◽  
Vol 10 (1-2) ◽  
pp. 29-46
Author(s):  
Valentina I. Borisova ◽  
Igor V. Borisov ◽  
Farkhad S. Karagussov

Abstract Financial institutions are the centre of economic and legal interests of participants of the financial services market, which is itself characterised by a high level of conflict of interests of its participants. The purpose of the article is the scientific development of the legal structure of organisational and legal forms of financial institutions, in the market of financial services, as a legal mechanism for reconciling the economic and legal interests of the main participants of this market. The features of basic and modified legal forms of legal entities are elaborated in this article. It is determined that financial institutions are established and operate in ‘modified’ legal forms. Such forms emerge due to the supplementation of the structure of the main elements of the basic legal forms of legal entities. This refers to additional functional legal means that reflect special requirements for the relevant types of legal entities, depending on the economic and legal interests of their founders/participants.


Author(s):  
Pavlo Yakovlev

In the article legislative bases of participation of institutes of civil society are illuminated in providing of informative safety of the state. Attention is accented on that informative safety of Ukraine in a modern period is the mortgage of maintenance of the proper level of law and order in society, providing of state sovereignty, integrity and economic power of country. On the basis of analysis of norms of Constitution of Ukraine, and also legislative acts in the field of information and national safety, the state of legislative settlement of participation of institutes of civil society is described in realization of the events sent to providing of informative safety of the state. Underline, that in modern Ukraine President as country's Leader is the basic subject of creation of norms in the field of adjusting of cooperation of the system of state administration and civil society on questions providing of informative safety.          Reasonably, that on present tense in the system of national legislation of Ukraine a question is regulated not enough in relation to the administrative legal forms of cooperation of the system of state administration and civil society in the questions of providing of informative safety of the state. Also, the indefinite is remained by a question in relation to the legislative fixing of concepts "informative safety" and "institutes of civil society". Normative settlement is needed also by possibilities for the institutes of civil society to get having a special purpose information on questions informative safety and (or) informative sovereignty of Ukraine. It is noticed on the insufficient adjusting of questions in relation to the culture of the use of facilities of treatment of information and methods of her defence. It is marked that in legal science there are a doctrine ground of optimal administrative legal mechanism of joint activity of institutes of civil society and states on questions, that touch an exposure and counteraction to the threats of informative safety of Ukraine directly, perspective directions of research.


2017 ◽  
pp. 208-211
Author(s):  
Ivan Aleksandrovich Sedov ◽  

Author(s):  
U. Y. Roshchektayeva

In the Russian Federation since the 1990s, the state tried to create a system of independent auditing: preparing for the auditors, formed the audit organization determined the list of their activities were confined to professional duties, rights and responsibilities of auditors in accordance with legislative acts, including rules (standards) of audit. However, still remain problematic issues of theory, methodology and methods, including definition of the essence of audit, control objects, object of knowledge, principles and functions. Requires justification also questions of development of methodology of audit by clarifying its requirements, tenets and elements of the system. The development of market relations in the economy, processes of globalization, the emergence of new organizational and legal forms of economic entities and diverse forms of ownership have had an impact on the mechanism of economic control in the Russian Federation, which became one of the most important elements of a market economy that actually performs the function of managing of economic subjects. One of the most important, promising and effective economic control of financial and economic activities of commercial organizations in a market is independent control - audit.


2021 ◽  
Vol 5 (74) ◽  
pp. 52-55
Author(s):  
B. Bidova

Тhe object is a complex of public relations arising in the sphere of realization of national interests through an appropriate legal mechanism. The subject of the research are: legal norms and scientific approaches, legal categories of the theory of national interests, official documents (strategies, concepts, contracts, programs, projects, etc.) and law enforcement, including judicial, practice. 


2012 ◽  
Vol 2012 (3) ◽  
pp. 43-52
Author(s):  
Vitalii Lukashchuk

The necessary prerequisites of development of business activity in sports sphere are considered in the article. Different kinds and functions of business in the field of physical culture and sports are analyzed. The distinctive features of different organizational-legal forms of the sports commercial organizations a recharacterized. The author’s definition of business activity in sports sphere is offered. It is underlined that the business in the field of physical culture and sports will be effective only in the conditions of the favorable business environment.


2020 ◽  
Vol 6 (2) ◽  
pp. 161-181
Author(s):  
Andrzej Kliś

The following article deals with the social participation of citizens of Kazakhstan, as well as the functioning of non-commercial organizations that are a manifestation of social activity in this country. The presented research is an attempt to systematize the issue of non-commercial organizations in Kazakhstan from the point of view of Polish science. The issue of the non-governmental sector is an extremely broad field of research, therefore basic legal acts, regulating these forms of social initiatives, have been examined. In addition, the third sector appears to be an important element in analysing the activities of post-Soviet countries, which are usually characterized by an authoritarian system of power, trying to maintain maximum control over civic initiatives. It turns out, they can function independently despite the difficulties. In the first part of the article, the author presents the legal framework that has been taken into account by the Kazakh legislator in relation to civil society and its associations, including primarily non-commercial ones, which constitute the important content of this article. Additionally, the operation, legal forms and areas covered by the activities of these organizations were analysed. The next part of the text is the evaluation of regulations that raise the issue of establishing associations, as well as the interpretation of other state concepts that provide for the development of civil society. In the last part, the author continues his reflection on the functioning of non-profit organizations in Kazakhstan, discussing forms of state support for this sector. The article ends with a summary of the whole topic and verification of the hypotheses set out in the introduction.


2020 ◽  
Vol 2020 (3) ◽  
pp. 21-30
Author(s):  
Samofalov L.P. ◽  

The article addresses to analyze of the theoretical and legal issues of legal norms implementation. The implementation of regulations contained in laws and other regulations means the implementation in public relations, the behavior of citizens, the will of the legislator and other interrelation subjects. In science, there is an opinion that the concept of action of law is along with the concept of realization of law. Law implementation of the concept is multifaceted. Its condition is influenced by the norms quality, the mechanism of their action, material security, level of public consciousness, professional training of those persons who carry out law enforcement activities. The legal norms implementation is a consistent concretization and translation of objective possibilities through their subjective awareness and expression of will in the real behavior of the subjects. The consequence of the legal norms implementation is legal behavior. Legal behavior may be lawful or unlawful. Analysis of the scientists` views shows that the concept of legal behavior is different. Specialists in the field of theoretical and legal science nowadays distinguish such forms of implementation of legal norms as compliance, implementation, use and application. Each specific form depends on the nature of the subjects` actions. The first three forms are called forms of direct realization of the law, since they are implemented by the direct actions of the subjects of certain legal relations. But where these forms are insufficient to ensure a certain implementation of legal norms, the necessary intervention in the process of the authorities, there is a special form of application. Appropriate legal relations are required for the legal norms implementation. Considering the legal relations signs, it should be noted that the approaches of each of the scientists to this issue are different. Implementation is manifested through the content of legal relations, which primarily includes subjects who must have legal personality, to have the ability to be the bearer of rights and responsibilities, exercise them and be responsible for behavior that is contrary to the legal norms. Considering the above mentioned we can draw the following conclusions, in particular: legal behavior is the basis for the emergence of legal relations and the realization of subjective rights of citizens, it is covered by the possibility and validity of legal regulation; law implementation is a legal mechanism that includes the behavior itself, its implementation in appropriate legal forms and in legal relations; law implementation can be carried out both within specific and general legal relations; legal relations have their own structure and requires a certain type of legal behavior. Key words: law implementation, norms of law, legal behavior, forms of implementation, legal relations, structure of legal relations, legal facts.


2016 ◽  
Vol 1 (6) ◽  
pp. 0-0
Author(s):  
Тамара Меркулова ◽  
Tamara Merkulova

The article is about the forms of joint commercial activities, contained in Book 3 “Legal Entities” of the Civil Code of Hungary, which came into force in March, 2014. The Code does not divide legal entities into commercial and non-profit organizations. On the basis of the analysis of the list of legal forms of commercial organizations the author distinguishes legal entities, whose activities are aimed at receiving profits. These forms are: business partnerships, cooperatives, business combinations and groups of enterprises. The article describes general conditions, which are typical for all forms of commercial legal units. The article pays much attention to business partnerships and their types, such as simple partnerships, limited partnerships, limited liability partnerships and joint – stock companies. The article describes some important changes in the field of commercial legal entities. For example, according to the Civil Code of Hungary simple partnerships and limited partnerships are vested with the right of legal entities. Besides, the Civil Code introduces a new for the Hungarian legislation form of commercial activities between organizations which is called a group of enterprises.


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