scholarly journals Legal status of the agrarian exchange of Ukraine

2020 ◽  
pp. 37-40
Author(s):  
Anastasiia TEROSHKINA
Keyword(s):  
Legal Status ◽  
Operative Management ◽  
Point Of View ◽  
Government Agencies ◽  
Agricultural Producers ◽  
Legal Form ◽  
Non Profit ◽  
Legal Documents ◽  
Definition Of ◽  
The Right

In this paper presents and analyzes the concept of the Agrarian Exchange from the point of view of scientists of the economic and legal community, as well as the legislative definition of the corresponding concept. Particular attention is paid to the study of legal documents designed to regulate the activities of the Agrarian Exchange, to establish its legal status. The issues of organizational and legal form and legal status of the property of the Agrarian Exchange are also revealed. Due to some similarities between the Agrarian and Commodity Exchanges, an analysis of the comparison of these two entities is given. The analysis allowed finding fundamental differences concerning the subjects authorized to create the Agrarian Exchange. At the same time, the paper proposes the need to create a subject of the agricultural market in such an organizational and legal form as a non-profit company. First of all, it will be correlated with the legal status of the property owned by the Agrarian Exchange. The possibility of participation in the founding activities of the Agrarian Exchange of large agricultural producers is also considered. But only if the Agrarian Exchange operates in a certain organizational and legal form, which may allow such participation alongside government agencies. That is why, the right of operative management of property, which has the Agrarian Exchange, is decisive for the legislator in the possible choice of organizational and legal form of creation of this entity. That is why the paper is aimed at encouraging the need to adopt a new legislative act that will clearly provide the nuances of the creation, operation and termination of the Agrarian Exchange.

ECONOMIC AND LEGAL STATUS OF THE CONSULTING ENGINEER IN UKRAINE: REGULATORY PROBLEMS

2017 ◽  
Author(s):  
Alla Brovdii ◽  
Keyword(s):  
Economic Activity ◽  
Legal Status ◽  
Road Construction ◽  
Legal Aspects ◽  
Legal Form ◽  
Employment Contracts ◽  
Economic Relations ◽  
Definition Of ◽  
The Right

Some aspects of the economic and legal status of a consulting engineer are analyzed, taking into account the specifics of national legislation. Some problems of the legal status of the consulting engineer and the forms of his economic activity are revealed. The introduction of such an entity as a consulting engineer in the modern conditions of construction development is of particular importance due to the need to improve the quality of construction work, the development of competition in this area and the need to change approaches to economic activity in this area. It is established that the concept of consulting engineer is defined in some special regulations, in particular, regulating activities in the field of road construction, but the economic and legal aspects of his business remain unresolved. This significantly affects the effectiveness of the introduction of the institute of consulting engineers in the field of management. The problem of lack of clear definition of the form of conducting economic activity by the specified participant of economic relations is revealed. The necessity of adopting a special normative legal act, namely the Law of Ukraine "On the activities of consulting engineers", in which to regulate general issues of their legal status, features of the organization of its activities, responsibilities, etc is proved. The author's definition of the concept of consulting engineer is proposed, taking into account the need to establish the organizational and legal form of his business, which will ensure proper regulation of relations between him and other participants in construction relations, including contractors and customers. The solution of some problems of the economic and legal status of the consulting engineer under the legislation of Ukraine is offered. The expediency of conducting the activity of a consulting engineer as a self-employed person, or carrying out its activity by creating a legal entity (association of consulting engineers) is substantiated. In addition, in our opinion, an entity that carries out engineering activities and has concluded employment contracts with duly accredited consulting engineers has the right to provide the services of a consulting engineer.

scholarly journals Some Issues of the Legal Regulation of the Cossacks in Constituent Entities of the Russian Federation

Lex Russica ◽  
2019 ◽  
pp. 49-59
Author(s):  
S. S. Zenin
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Legislative Process ◽  
Physical Force ◽  
Legal Form ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The article analyzes the current state of the legal regulation of social relations existing among the Russian Cossacks at the level of constitutent entities of the Russian Federation. The author examines the legal form of regulating social relations and the content of normative legal acts adopted in the constituent entities of the Russian Federation regarding the Russian Cossacks. The paper concludes that there is a need to develop a more effective mechanism of participation of constituent entities of the Federation in the legislative process on issues of joint jurisdiction at the federal level. The author highlights the need to apply a model legislation in order to unify the provisions of regional normative legal acts. The paper focuses on the importance of a clearer definition of the legal status of the Cossacks who have assumed obligations to carry out public service, including taking into account the possibility of using physical force, special means, and cold weapons that they have the right to wear as elements of national clothing.

scholarly journals Legal aspects of activity and development of personal peasant farms in Ukraine: problems and prospects of development

2020 ◽  
pp. 53-58
Author(s):  
M.Yu. Pokalchuk ◽  
V.S. Suslova
Keyword(s):  
Maximum Size ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Point Of View ◽  
Theoretical Point ◽  
Legal Form ◽  
The Moment ◽  
Definition Of ◽  
The Right ◽  
Peasant Economy

The article is devoted to the analysis of legal aspects and basic principles of activity of personal peasant economy in Ukraine. The efficiency of creating such a form of management is also analyzed and attention is paid to the shortcomings in its legal regulation. Based on the legislative definition of personal economic, the article formulated proposals for the legal regulation of their activities. Peculiarities of the right to use land plots as a basis for personal farming are given. The maximum allowable area of land used by personal farms has been identified. Emphasis is placed on cases of increasing this size from a practical and theoretical point of view. The purpose of this article is to analyze the activities of personal farming. Analyze aspects of land lease, eliminate shortcomings in legislation and make proposals to address issues. The authors concluded why the owners of private farms violate the law and illegally exceed the maximum size of land for farms of this organizational and legal form. Given that members of the personal peasant economy abuse the advantages provided by the state to carry out such activities, attention is paid to the moment of transition of the personal peasant economy to the farm. Aspects of taxation of the personality of peasant farms are analyzed and the possibility of reduction to privileged categories at transformation in a farm is offered. The legal aspects of renting private farms are also studied. Based on the analysis of indicators of lease of farms of this organizational and legal form, we provide proposals for the regulation of regulations on issues related to aspects of the activities and development of personal farms and the institution of lease.

Foreign agents in Russia: How a borrowed American legal institute acquired a different sense in Russian legislation and law enforcement practices

2021 ◽  
Vol 30 (4) ◽  
pp. 97-121
Author(s):  
Andrey Kondrashev
Keyword(s):  
Political Activity ◽  
Government Agencies ◽  
Constitutional Court ◽  
Foreign Agent ◽  
Non Profit ◽  
The Status ◽  
Non Profit Organizations ◽  
Financial Burdens ◽  
Definition Of ◽  
The Right

The article examines the institution of a “foreign agent” that appeared in Russian legislation in 2012. The author, analyzing American legislation, the position of the Venice Commission, the Office for Democratic Institutions and Human Rights of the Organization for Security and Cooperation in Europe (hereinafter — the OSCE/ODIHR), the decisions of the Constitutional Court of the Russian Federation, as well as the existing Russian judicial practice, comes to the conclusion that ’misappropriation’ status of a foreign agent by the Ministry of Justice of Russia for non-profit organizations (hereinafter — NPOs) occurs in the absence of clear legal definition of the term “political activity”, does not correlate with the identification of the real connection and activities of NPOs on the order or instruction of a foreign donor, and is actually applied in those cases when it comes to appeals to government agencies, criticism of government agencies or assessment of their decisions. All this indicates that the purpose of the restrictions imposed by the state was by no means a desire to ensure transparency and openness through access to information about foreign financing of non-profit organizations, but rather the purpose was to politically stigmatize and impose additional organizational and financial burdens on NPOs, which dare to criticize the authorities. The author advocates the complete abolition of this institution of a foreign agent, since the pre-existing Russian legislation already made it possible to exercise control over the financing and activities of NPOs. The expansion of the number of types of foreign agents, introduced since December 2019 (first in terms of recognition by media as foreign agents), led by December 2020 to the appearance in Russian legislation of individuals of foreign agents and foreign agents-unregistered public associations and even greater and disproportionate restrictions on the constitutional the right to association. Moreover, the status of a “foreign agent” (in relation to a candidate for an elective office and a candidate affiliated with an acting foreign agent) is supposed to be introduced into the electoral legislation with the obvious goal of political stigmatization of persons trying to exercise their passive electoral right.

scholarly journals Theoretical problems of defining the concept of «economic organization»

2021 ◽  
Vol 2 (20) ◽  
pp. 10
Author(s):  
O. O. Shchokina
Keyword(s):  
Legal Status ◽  
Economic Organization ◽  
Economic Activities ◽  
Legal Form ◽  
Economic Law ◽  
Economic Organizations ◽  
The Status ◽  
Legal Forms ◽  
Definition Of ◽  
The Right

The concept of “economic organization” is known in the science of economic law since Soviet times. However, it did not become widespread and was used only by some scholars. The legal status of economic organizations has not been comprehensively studied in the Ukrainian science of economic law. The purpose of the article is to set out the theoretical problems of defining the concept of “economic organization” and to outline the directions of their solution. The concept of “economic organization” is quite apposite to denote all the diversity of economic entities, but its usage caused a number of theoretical problems. These include problems: the relationship between the concepts of “economic organization” and “undertaking”, the status of a legal entity, the definition of organizational and legal forms of economic organizations, the distinction between commercial and non-commercial economic organizations and classification of economic organizations in general. The definition of “economic organization” needs to be clarified taking into account the following: in the economic turnover involved some business organizations that are not legal entities; the right to carry out economic activities should have the organization, that formed in the prescribed organizational and legal form, which provides economic competence for commercial or non-commercial economic activities

scholarly journals Role and Place of Higher Specialized Courts in the Judicial System of Ukraine

2020 ◽  
Vol 89 (2) ◽  
pp. 250-257
Author(s):  
V. V. Chumak
Keyword(s):  
Intellectual Property ◽  
Supreme Court ◽  
Legal Status ◽  
Judicial System ◽  
Judicial Power ◽  
Legal Documents ◽  
The Supreme Court ◽  
Specialized Courts ◽  
Definition Of

The role and place of higher specialized courts in the judicial system of Ukraine have been studied and determined. The author has studied such main categories as “judicial system of Ukraine”, “judiciary”, “judicial system” and “judicial power”. The judicial system of Ukraine has been established. The normative and legal base of functioning of highest specialized courts of Ukraine has been characterized. The author has provided own definition of the categories “judicial system of Ukraine” and “judicial power of Ukraine”. The author has offered to understand the category of “judicial system of Ukraine” as the totality of all hierarchically structured elements of the system (courts), which are endowed with exclusive competence to administer justice, built on the principles of territoriality and specialization, are defined by law and united by general principles of their organization and activity. In turn, the concept of “judicial power of Ukraine” is defined as the activity of courts (judicial system) to administer justice and to perform their professional duties within the limits and in the manner prescribed by the Constitution and laws of Ukraine in accordance with international and legal documents. It has been determined that highest specialized courts in the judicial system of Ukraine are the Supreme Court on Intellectual Property Issues and the Supreme Anti-Corruption Court. It has been concluded that highest specialized courts in the judicial system of Ukraine play an important role in the holistic mechanism of the entire judicial system, since they are endowed with exclusive competence to consider and decide cases on the merits of certain categories, and their activities are determined at the level of a separate regulatory act, which determines their legal status, and hence their place in the judicial system of Ukraine.

The legal status of emigrants from Russia in the first years after the October Revolution of 1917 (on the example of North Caucasians)

2021 ◽  
pp. 645-659
Author(s):  
Anzor A. Murdalov ◽  
Rustam A. Tovsultanov
Keyword(s):  
Legal Status ◽  
Second World War ◽  
October Revolution ◽  
North Caucasus ◽  
International Convention ◽  
The North ◽  
History Of ◽  
Definition Of ◽  
The Right ◽  
Second World

Emigration has been known to mankind for more than a century. We name the factors contributing to emigration, give examples from the history of emigration both abroad and Russia. We emphasize that at the present time, Russian citizens emigrate to other countries, using the right to freely leave the state, and can also have dual citizenship under Russian law, or renounce citizenship, and then get it again. We pay special attention to the settlement of the territory of North Caucasus, which began in the 8th – 7th – 6th – 5th thousand BC. We analyze the features of emigration of people from North Caucasus after the October Revolution of 1917. The specifics of the emigration of people from this region of country are emphasized. Thus, the majority of people emigrated to the Ottoman Empire, and then moved to Europe. We indicate that in fact, after the adoption of the Decrees of the Central Executive Committee, the SNK of RSFSR in 1921, “On the deprivation of the rights of citizenship of certain categories of persons who are abroad” many emigrants from Russia, including North Caucasians, have become disenfranchised. This circumstance greatly influenced the publication of the Nansen passport (it was introduced in 1922 and became widespread in 1924), according to which emigrants were granted a number of legal and social rights. In addition, it is applicable to emigrants from Russia, including from the North Caucasus, in 1922 and 1926. The Geneva definition of “Russian refugee” was given, and the International Convention on the International Status of Refugees of 1933 created an alternative to naturalization for refugees from Russia. Subsequently, before the outbreak of the Second World War, people received, as a rule, the citizenship of the countries in which they began to live.

scholarly journals Data protection in biobanks from a practical point of view: what must be taken into account during set-up and operation?

2019 ◽  
Vol 43 (6) ◽  
pp. 301-309 ◽  
Author(s):  
Johannes Drepper
Keyword(s):  
Data Protection ◽  
Point Of View ◽  
Legal Form ◽  
State Laws ◽  
General Data Protection Regulation ◽  
Administrative Costs ◽  
Explicit Consent ◽  
Set Up ◽  
The Right ◽  
Implementation Of Standards

Abstract The European General Data Protection Regulation (GDPR) incorporates many of the principles of data protection that were already in force in the past. Insofar the data protection requirements for German biobanks have not fundamentally changed since the GDPR became applicable in May 2018. In detail, however, new and relevant requirements have been added. Due to many derogation clauses that allow national deviations, federal and state laws must also be taken into account in Germany, depending on the legal form of the biobank or the supporting institution, which increases the complexity in individual cases. Research-oriented biobanks can still rely on informed, voluntary and explicit consent from patients or test persons. Other legal bases are also possible in certain cases. The information and transparency requirements have increased with the DSGVO, which has led to higher administrative costs. However, a major problem existed before and continues to exist in clarifying how biobanks deal with the right to know and the right not to know of their subjects, how this is explained in advance and which policy can be implemented in the long term, also in the context of targeted recruitment for later studies. The complexity of the regulatory framework and the resulting demands on biobanks make the development and implementation of standards unavoidable. In addition, it is recommended that such infrastructures be centralised, professionalised and equipped with the necessary resources.

Toward an optimal performance index for neurosurgical robot's design

Robotica ◽  
2009 ◽  
Vol 28 (2) ◽  
pp. 279-296 ◽  
Author(s):  
Alessandro Gasparetto ◽  
Vanni Zanotto
Keyword(s):  
Optimization Problem ◽  
Target Position ◽  
Point Of View ◽  
Performance Indices ◽  
The Past ◽  
Surgical Devices ◽  
Definition Of ◽  
The Right ◽  
Kinematic Point ◽  
Suitable System

SUMMARYIn the past years a large number of new surgical devices have been developed to improve the operation outcomes and reduce the patient's trauma. Nevertheless, the dexterity and accuracy required in positioning the surgical tools are often unreachable if the surgeons are not assisted by a suitable system. Since a medical robot works in an operating room, close to the patient and the medical staff, it has to satisfy much stricter requirements with respect to an industrial one. From a kinematic point of view, the robot must reach any target position in the patient's body, being as less invasive as possible for the surgeon's workspace. In order to meet such requirements, the right robot structure has to be chosen by means of the definition of suitable kinematic performance indices.In this paper some task-based indices based on the robot workspace and stiffness are presented and discussed. The indices will be used in a multiobjective optimization problem to evaluate best robot kinematic structure for a given neurosurgical task.

scholarly journals Writers as Leaders of Nation: Typological Convergence of I. Franko and P. Kulish

2019 ◽  
pp. 14-29
Author(s):  
Yevhen Nakhlik
Keyword(s):  
State Building ◽  
Point Of View ◽  
Creative Work ◽  
Late Period ◽  
Leading Role ◽  
Age Related ◽  
The Social ◽  
Definition Of ◽  
The Right

The article draws a parallel between P. Kulish’s and I. Franko’s disposition to the age-related ideological autorevision. It is argued that, experiencing evolution of the worldview and creative work, revising his own early radical social impulses caused by the ‘national radical stage’ (Franko’s definition) of liberation movement in Halychyna, mature Franko in 1896 – 1907 got closer to the views of P. Kulish, especially those of the late period of his life (1874 – 1897). Like the latter, Franko defended the right to worldview evolution and changing views. These typological coincidences consisted also in the movement from the center-left forces to the right-centered ones; the transition to the primacy of the national idea over the social one; the drastic national self-criticism and simultaneous emphasis on the nation-building and state-building; gradual reorientation from the idea of social revolutionary development of society to evolutionary progress and moderate “means and ways of acting and speaking” (as Franko called it); the warnings against admiring communist illusion, against ochlocracy; and, finally, in the focus on the leading role of the nationally conscious Ukrainian intellectuals in the liberation struggle. Ideological and formal parallels between Franko and Kulish were revealed not only in the letters and journalism, but also in Franko’s practice of grounding his works on the materials of the national, biblical and Christian history and mythology (i. e. literary historicism and mythologism, focused on the present, the future and the author’s personality; symbolic autobiography). From this point of view it is worth to compare:  “Pisnia Budushchyny” (“Song of Future”) – “Try Braty” (“Three Brothers”); “Pokhoron” (“Funeral”), “Ivan Vyshenskyi” – “Velyki Provody” (“Great Farewell Procession”), “Marusia Bohuslavka”, “Dramovana Trylohiia” (“Drama-like Trilogy”); “Moisei” (“Moses”) – “Mahomet i Khadyza” (“Muhammad and Hadiza”), “Duma-Perestoroha, Velmy na Potomni Chasy Potribna” (“Warning Refl ections that will be Needed in Future”); “Strashnyi Sud” (“The Last Judgement”) – “Kulish u Pekli” (“Kulish in Hell”); “Slavianska Oda” (“Slavic Ode”) – “Tsarski Slova” (“Royal Words”).

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