Pro-Subjective Enterprise Concept

2020 ◽  
Vol 27 (3) ◽  
pp. 14-27
Author(s):  
Nataliia Kuznetsova ◽  
Viktoriia Khomenko
Keyword(s):  
Systematic Approach ◽  
Theoretical Framework ◽  
Civil Code ◽  
Business Organization ◽  
Legal Entity ◽  
Economic Relations ◽  
Relevant Concept ◽  
Definition Of ◽  
Optimal Approach ◽  
Framework Development

The article is devoted to the enterprise concept theoretical framework development, which is objectified in both Civil and Economic codes of Ukraine. Thus, named concepts are fundamentally different. In particular, Civil Code of Ukraine recognises enterprise as an object. In the same time Economic code gives a birth to prosubjective enterprise concept. Nevertheless, both legal acts are aimed to regulate economical relationships, which results to doctrinal and practical needs to identify the optimal approach of understanding the nature of enterprise under the current legislation of Ukraine. In order to identify the place of the enterprise in the system of subjects of economic relations, the relevant concept is compared with other subjects of the economic relations (business entity; business organization) and with the intersectoral participant of business relations – a legal entity. Based on the analysis of these concepts, the Authors claimed a non-systematic approach to concept defining under the Economic Code of Ukraine and other shortcomings of legislative techniques in the definition of the enterprise under named act, which resulted in the absence of a clearly constructed system of subjects of economic law. Thus, the establishment of the place of the enterprise in the relevant system seems impractical

scholarly journals Problems of Determining the Guilt of Legal Entities in Administrative Law

2021 ◽  
Vol 7 (5) ◽  
pp. 413-417
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Administrative Law ◽  
Civil Code ◽  
Legal Entity ◽  
Central Focus ◽  
Legal Science ◽  
The Russian Federation ◽  
Definition Of ◽  
Legal Entities

The problem of determining the guilt of a legal entity for an administrative offense is currently very relevant in legal science. This problem is the central focus of this work. However, in order to fully disclose the problem of determining the guilt of legal entities, the article highlights the problems that are associated with the concept of a legal entity and its essence. The presented paper lists the approaches to determining the essence of a legal entity. The concept of a legal entity in accordance with the Civil Code of the Russian Federation is given. The article analyzes the concept of a legal entity under civil law with the concept of an organization, which is defined in the science of sociology. This article gives the concept of a collective subject. And also, the correlation of the concept of a collective subject and the concept of a legal entity is considered. Further, the article identifies three main approaches to determining the guilt of legal entities in administrative law: subjective, objective and complex, and also expresses the opinion of the authors of the article about the approaches under consideration. The paper presents the author’s conclusions and possible solutions to problems related to the concept of a legal entity and the definition of the legal entity’s guilt in administrative law for administrative offenses.

Feminist Interpretations of Action and the Public in Hannah Arendt’s Theory

2020 ◽  
Vol 65 (Special Issue) ◽  
pp. 87-103
Author(s):  
Noémi Bíró
Keyword(s):  
Human Activity ◽  
Political Thought ◽  
Hannah Arendt ◽  
Political Action ◽  
Theoretical Framework ◽  
Public Realm ◽  
The Public ◽  
The Social ◽  
Social Feminism ◽  
Definition Of

"Feminist Interpretations of Action and the Public in Hannah Arendt’s Theory. Arendt’s typology of human activity and her arguments on the precondition of politics allow for a variety in interpretations for contemporary political thought. The feminist reception of Arendt’s work ranges from critical to conciliatory readings that attempt to find the points in which Arendt’s theory might inspire a feminist political project. In this paper I explore the ways in which feminist thought has responded to Arendt’s definition of action, freedom and politics, and whether her theoretical framework can be useful in a feminist rethinking of politics, power and the public realm. Keywords: Hannah Arendt, political action, the Public, the Social, feminism "

Diagramming discursive intentionality—A cognitive-pragmatic model of intentional verbs

2020 ◽  
Vol 13 (2) ◽  
Author(s):  
Joschka Briese
Keyword(s):  
Practical Reasoning ◽  
Theoretical Framework ◽  
Theory Of Language ◽  
Definition Of

AbstractThis article presents a sign- and usage-based model of intentionality following the works of Robert B. Brandom and T. L. Short. The concept of discursive intentionality is established within Brandom’s theory of language explains discursive and practical reasoning as well as attributive and ascriptive practices. Discursive intentionality is distinguished from other intentionalities of conceptual proximity. Because Brandom’s concept of signs is underdetermined in his works, it will be complemented with T. L. Short’s theory of intentional signs. This dual theoretical framework leads to an innovative analysis of verbs which locates discursive intentionality at the semantic/pragmatic interface. After giving a definition of discursive intentionality, it will be diagrammed by breaking it down into different components (relata, relations, and predicates). Finally, it is tested regarding the plausibility of the diagrammatics of discursive intentionality, using the intentional verb “to promise” to differentiate between the ascription of intentionality and intention.

INHERITANCE OF THE PROPERTY OF A MEMBER OF A PEASANT (FARMER) FARM

2021 ◽  
Author(s):  
Татьяна Алексеевна Безгодкова ◽  
Людмила Дмитриевна Туршук
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Civil Code ◽  
Peasant Farmer ◽  
Legal Entity ◽  
The Russian Federation

В статье рассматриваются проблемы правового регулирования наследования имущества члена крестьянского (фермерского) хозяйства. КФХ может существовать в двух формах: как юридическое лицо и без образования юридического лица. ГК РФ определяет порядок перехода по наследству имущества лишь КФХ без образования юридического лица. The article deals with the problems of legal regulation of inheritance of property of a member of a peasant (farmer) farm. PFF can exist in two forms: as a legal entity and without the formation of a legal entity. The Civil Code of the Russian Federation defines the procedure for the inheritance of property only in a farm without the formation of a legal entity.

Diversity, Equity, and Inclusion (DEI) Statements in the U. S. Creative Sector: Progress, or More Bullshit?

2021 ◽  
Vol 5 (2) ◽  
pp. 33-46
Author(s):  
Antonio C. Cuyler
Keyword(s):  
Content Analysis ◽  
Research Question ◽  
Theoretical Framework ◽  
Status Quo ◽  
Arts Organizations ◽  
The Public ◽  
Cultural Organizations ◽  
The Status ◽  
Definition Of ◽  
Equity And Inclusion

This article represents a snapshot and analysis of U. S. service arts organizations’ DEI statements and activities in 2018. At that time, many primarily White-serving U. S. cultural organizations responded defensively to accusations of elitism and a harmful rigged funding system that maintained the status quo by awarding most cultural funding to these organizations while undermining the health and vitality of cultural organizations by and for historically oppressed communities (Sidford, 2011). Furthermore, Helicon Collaborative (2017) found that even with a host of cultural equity, “diversity” projects (Tseng 2016), and public-facing DEI statements, little had changed within six years. Therefore, this study uses directed and summative content analysis to investigate the research question “what do cultural equity and diversity statements communicate about cultural organizations’ positions on DEI?” This study also uses Frankfurt’s (2005) essay On Bullshit and Laing’s (2016) two-prong definition of accountability as a theoretical framework to examine if and how cultural organizations hold themselves accountable for achieving DEI in the creative sector. Lastly, readers should keep in mind that the public murder of Geor-ge Floyd in 2020 has hastened all of the service arts organizations’ access, diversity, equity, and inclusion (ADEI) work examined in this study.

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.

Economic sovereignty and economic security of Ukraine (interrelation and mutual understanding) in the context of their doctrinal and legal support

2021 ◽  
Vol 28 (3) ◽  
pp. 209-223
Author(s):  
Vasyl Ya. Tatsii ◽  
Yevhen M. Bilousov ◽  
Daryna S. Kosinova
Keyword(s):  
Economic Security ◽  
The State ◽  
Mutual Understanding ◽  
Economic Relations ◽  
Economies In Transition ◽  
Effective System ◽  
National Model ◽  
Legal Security ◽  
Definition Of ◽  
National Systems

The purpose of this article is to address current issues of doctrinal and legal security of economic security of the state with the actualisation of issues concerning the relationship between the concepts of “economic security” and “economic sovereignty” in their relationship and mutual understanding. The authors pay attention to the analysis of existing in the national legal doctrines of individual countries scientific approaches to the definition of “economic sovereignty”, clarify its main features, analyse the scientific approaches of domestic and foreign researchers to define the concept of “economic security” and on this basis own vision of the instrumental content of these definitions. It is argued that the concept of “economic sovereignty” is primary in relation to the concept of “economic security”. The article examines the national systems (models) of economic security of the state, including, in particular, American, Japanese, Chinese, models of institutional entities (in particular, the EU), models typical of countries with economies in transition. The authors found that Ukraine is characterised by a system (model) of economic security of countries with economies in transition, which is fragmented and inconsistent in its construction, which ultimately affects the state of economic security of the state as a whole. It was found that the main goal of Ukraine at this stage of its development in the context of building a national model of economic security is to create an effective system of means to overcome or minimise existing or potential threats, especially in the context of globalisation of trade and economic relations. The paper emphasises the need to borrow positive foreign experience of legal support of relations for the creation and implementation of national systems of economic security of the state to gradually transform Ukraine into an important participant in the processes of international economic security

scholarly journals Heliceculture as a promising area of agricultural production

2020 ◽  
pp. 33-41
Author(s):  
Ivan Zubar ◽  
Yuliia Onyshchuk
Keyword(s):  
Agricultural Production ◽  
Systematic Approach ◽  
Production Capacity ◽  
World Market ◽  
Economic Science ◽  
Limited Information ◽  
Current State ◽  
Promising Area ◽  
Definition Of ◽  
Effective Development

Purpose. The aim of the article is research of theoretical, organizational and economic aspects of functioning and effective development of farms for growing and processing of snails and substantiation of prospects of heliceculture as a branch of agriculture on the basis of analysis of world experience. Methodology of research. In the course of the research the methods of general scientific (analysis, synthesis, abstraction) and empirical methods (observations, questionnaires, conversations) of economic science are used, which are based on a systematic approach, which allowed to characterize the current state of production and export of heliceculture products, as well as identify key issues in this area of agricultural production. Findings. The concept of “heliceculture” is substantiated and its content is analysed in terms of prospects as a new direction of agricultural production. The historical genesis of the development of traditions of snail products consumption has been studied, as a result of which the first mentions in the history of Ancient Rome, as well as France and Italy have been revealed. An analysis of the dynamics and current state of development of domestic heliculture entrepreneurship, which showed a rapid increase in the number of snail farms and increasing exports of snails to Europe. An overview of the world market for edible snails is made, where there is a noticeable tendency to a gradual annual increase in the consumption of heliculture products. The key elements of the technological process of growing edible snails are analysed, which allowed to systematize a number of basic technological processes and to conclude about the complexity and complexity of this production. The commodity assortment of heliculture has been determined, which includes meat, caviar and snail secretion. The key advantages of Ukraine as a producer and exporter of heliculture products are highlighted, including the availability of labour, proximity to markets, high land supply and dissatisfaction with global demand for these products, which makes it significant for the development of heliculture as an agricultural production. The key problems that hinder the development of snail farming are summarized, namely: legislative unregulation, limited industrial production capacity, lack of diversified processing, limited information and scientific research. The key directions of development of the heliceculture industry are determined, among which: organization of production and marketing heliceculture cooperatives, provision of in-depth processing and year-round uninterrupted production, development of agro-tourism on the basis of snail farms. Originality. A systematic approach to clarifying the definition of “heliceculture” is proposed. On the basis of a thorough study of official statistical information on the state of production of snail products, the importance of heliculture as a promising area of agricultural production is substantiated. Practical value. The obtained research results can be used in the development of an effective concept for the development of the heliculture industry. Key words: heliceculture, heliceculture market, snail farming, small business, family farm.

scholarly journals THE INFLUENCE OF ARCHETYPES ON SOCIAL TRANSFORMATIONS

2018 ◽  
Vol 1 (14) ◽  
pp. 62-74
Author(s):  
Nataliia Leonidivna Gavkalova ◽  
Oleg Yuriyovych Amosov
Keyword(s):  
Institutional Environment ◽  
Social Transformations ◽  
Economic Relations ◽  
Market Participants ◽  
Social Nature ◽  
National Market ◽  
Active Nature ◽  
Definition Of ◽  
Effective Use ◽  
Development And Management

The vision of social transformations, which is a component of the stage of modernization of society, is presented. It is proposed to consider the influence of archetypes on social transformations through the formation of an archetypical and institutional mechanism for regulating socio-economic relations, which is proposed to be considered as an ordered set of institutional levers, incentives and measures aimed at ensuring the effective use of archetypes on the basis of a combination of factors of the micro- and macroeconomic environment by means of public administration. The emphasis is placed on the strengthening of the role of state and supra-national regulatory archetypical-institutional entities in the design of social transformations. Based on the existing theoretical and conceptual provisions for determining the content of the process of institutionalization of archetypes, it has been determined that the mechanism of regulation of institutional transformations of the national market should be considered in three main aspects, corresponding to the economic and social nature of the inter-subjective interaction of market participants. It is noted that the system-reflexive paradigm of regulation of the development and management of transformational changes of complex open socio-economic systems is based on the definition of the active nature of the influence of archetypes, subjects, as well as the reflexive procedures of their interaction, both on the choice of directions and ways of implementation, and on the dynamics of the flow of these processes. The composition of the main provisions that determine the feasibility of using a system of reflexive paradigm in the field of regulation of socio-economic relations, includes a set of assumptions. The main provisions defining the expediency of using the system-reflexive paradigm in the sphere of regulation of socio-economic relations are determined. It is established that the main institutional conflicts are manifestations of inconsistency between archetypes and elements of institutional environment.

scholarly journals A theoretical framework for the net land-to-atmosphere CO<sub>2</sub> flux and its implications in the definition of "emissions from land-use change"

2013 ◽  
Vol 4 (1) ◽  
pp. 179-217 ◽  
Author(s):  
T. Gasser ◽  
P. Ciais
Keyword(s):  
Land Use ◽  
Land Use Change ◽  
Co2 Flux ◽  
Theoretical Framework ◽  
Elevated Atmospheric Co2 ◽  
Mathematical Expressions ◽  
Terrestrial Carbon Cycle ◽  
Definition Of ◽  
Mathematical Definitions ◽  
Global Carbon

Abstract. We develop a theoretical framework and analysis of the net land-to-atmosphere CO2 flux in order to discuss possible definitions of "emissions from land-use change". The terrestrial biosphere is affected by two perturbations: the perturbation of the global Carbon-Climate-Nitrogen system (CCN) with elevated atmospheric CO2, climate change and nitrogen deposition; and the Land-Use Change perturbation (LUC). Here, we progressively establish mathematical definitions of four generic components of the net land-to-atmosphere CO2 flux. The two first components are the fluxes that would be observed if only one perturbation occurred. The two other components are due to the coupling of the CCN and LUC perturbations, which shows the non-linear response of the terrestrial carbon cycle. Thanks to these four components, we introduce three possible definitions of "emissions from land-use change", that are indeed used in the scientific literature, often without clear distinctions, and we draw conclusions as for their absolute and relative behaviors. Thanks to the OSCAR v2 model, we provide quantitative estimates of the differences between the three definitions, and we find that comparing results from studies that do not use the same definition can lead to a bias of up to 20% between estimates of those emissions. After discussion of the limitations of the framework, we conclude on the three major points of this study that should help the community to reconcile modeling and observation of emissions from land-use change. The Appendix mainly provides more detailed mathematical expressions of the four components of the net land-to-atmosphere CO2 flux.

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