scholarly journals THE CONTENT AND CRITERIA FOR THE ECONOMIC EXPERTISE OF CORRECTIVE RATES CALCULATED FOR LAND RENT VALUE

Author(s):  
IRINA A. ASTRAKHANTSEVA ◽  
◽  
EKATERINA V. BALANDINA ◽  
GUENNADY V. ASTRAKHANTSEV ◽  
EKATERINA S. ZELENTSOVA ◽  
...  

The article is a continuation of the authors’ research on the method of establishing corrective coefficients when calculating the rent for land plots, the property for which is not delimited. Due to the absence of requirements in the legislation for the content of the expert opinion, the authors propose the content and structure of the economic examination carried out within the framework of the calculation of the correction coefficients. Based on the interests of the users of this opinion and compliance with the law, the authors distinguish two criteria for assessing the expertise: formal and essential requirements. Four stages of assessing and checking the quality of such an examination are proposed, and a procedure for carrying out such a check is prescribed, which can be used by various users of the final document.

Author(s):  
Alina Yurchenko ◽  
◽  
Sofiia Mostova ◽  

The article is devoted to certain aspects of the prosecutor's supervision over the observance of laws by the bodies carrying out operative-search activity. Issues and controversial issues of prosecutorial supervision over the activities of bodies engaged in operational and investigative activities are covered. An assessment of the effectiveness of the tasks and the adequacy of the work of the prosecutor's office. The level of compliance of the prosecutor's supervision over the observance of laws by operatives in the process of their operative-investigative activity to the Constitution and the laws of Ukraine was assessed. Proposals have been made to improve the effectiveness of prosecutorial oversight of compliance with the law by law enforcement agencies. Effective ways to increase the effectiveness of prosecutorial oversight have been sought. The views and works of scientists concerning the problems of prosecutorial supervision over operational and investigative activities are considered. The range of subjects that, within the limits of their powers, have a corresponding influence on the activity of pre-trial investigation bodies, the legal status of persons involved in the sphere of criminal proceedings, on the pre-trial investigation as a whole has been determined. Some aspects of prosecutorial supervision over the activity of bodies carrying out operative-search activity are depicted. The procedure for appointing prosecutors, as well as the goals and objectives set for them, have been studied. The grounds for conducting prosecutorial inspections, types of inspections of compliance with the requirements of the legislation on operational and investigative activities are considered. The supervisory functions performed by the prosecutor's office in other countries are compared with those performed in Ukraine. The criteria for assessing the prosecutor's supervision over compliance with the law during the implementation of operational units and the conduct of covert operation of operational and investigative activities are defined. The risks associated with the work of the prosecutor's office and operational units, which may arise at all stages of operational and investigative activities and covert work of Ukraine, have been identified. Other reasons for prosecutorial oversight are mentioned, which today prevent prosecutors from really influencing the quality of the investigation.


2021 ◽  
Vol 1 (3(57)) ◽  
pp. 39-44
Author(s):  
Alina Tkachenko ◽  
Ivan Syrokhman ◽  
Liudmyla Huba ◽  
Yulia Basova ◽  
Khrystyna Kovalchuk

The object of research is children’s spelled biscuits Holle (Germany) and Belgian children’s biscuits with pieces of Fleur Alpine chocolate (Belgium). Consumers often buy organic-branded traditional food products through unfair advertising and labeling violations. Due to the fact that organic products are often the subject of counterfeiting, quality expertise is especially important. Also, thanks to the conformity assessment of the labeling given in the work, it is possible to establish whether the product is really organic. The labeling of biscuits was analyzed for compliance with the Law of Ukraine «On Organic Production» and the Law of Ukraine «On Information for Food Consumers». The study showed that the labeling complies with legal requirements in both samples. It was also found that both samples of biscuits meet the requirements of regulatory documents for organoleptic indicators. Organoleptic characteristics were tested: shape, surface, color, taste and smell, appearance in the fault. The tasting assessment was carried out according to a 45-point scale developed by the authors. The total number of points in the tasting score, taking into accounts the weight factor, for Fleur Alpine biscuits was 39.96, which corresponds to a quality level of 0.88; and Holle biscuits – 44, with a quality level of 0.97. Both samples meet the requirements of regulatory documents for such physicochemical indicators as humidity, alkalinity and moisture content. The moisture content of the biscuits was determined in an accelerated manner in an oven. Wetness was determined by the ratio of the weight of the items after wetting to the weight of the dry items. Alkalinity was determined by titration of the product filtrate. The moisture content for Fleur Alpine biscuits was 9.3 % and for Holle biscuits it was 8.0 %. The alkalinity was 1.6 and 1.4 degrees, respectively, and the wetness was also within the normal range with values of 120 and 110 %. The results indicate the quality of the studied samples in terms of organoleptic and physicochemical indicators.


2019 ◽  
Vol 2019 (5) ◽  
pp. 68-73
Author(s):  
Ольга Давыдова ◽  
Ol'ga Davydova ◽  
Лариса Царахова ◽  
Larisa Carahova ◽  
Ирина Левкова ◽  
...  

The activity of trafficking in narcotic drugs, psychotropic substances is inextricably linked with medical and pharmaceutical activities.Analysis of the executive discipline by medical and pharmaceutical specialists in compliance with the law in the field of trafficking in narcotic drugs and psychotropic substances revealed the most problematic aspects of the activity and the need to revise certain aspects of regulatory and legal activities, based on the modern requirements of practical medicine and pharmacy.


Author(s):  
Yishai Beer

This chapter deals with the lack of coherency between strategic reality—which uses deterrence as an essential strategic tool—and the prevailing law. Deterrence is a tool for enforcing compliance with the law; it promotes the containment of potential conflicts. It is pivotal in strategic thinking and, in many cases, an essential component of the national-defense strategy of law-abiding states. But although deterrence is central to the management of global security, in current international law deterrence considerations are perceived with suspicion and mistrust. It is perceived as an unlawful punitive measure. The lack of consensus on lawful deterrence, however, might create a vacuum that invites aggressors and transgressors. This chapter offers normative suggestions for introducing defensive deterrence and overcoming the practical problem of putting it into practice within the current contours of the law, by using the military professionalism criterion.


2011 ◽  
Vol 13 (2) ◽  
pp. 132-145 ◽  
Author(s):  
Richard Helmholz

Most recent historians have expressed a negative opinion of the quality of legal education at the English universities between 1400 and 1650. The academic study of law at Oxford and Cambridge, they have stated, was easy, antiquated and impractical. The curriculum had not changed from the form it assumed in the thirteenth century, and it did little to prepare students for their careers. This article challenges that opinion by examining the inner nature of the ius commune, the law that was applied in the courts of the church, and also by examining some of the works of practice compiled by English civilians during the period. Those works show that the negative opinion rests in part upon a misunderstanding of the nature of legal practice during earlier centuries. In fact, concentration on the texts of the Roman and canon laws, as old-fashioned as it seems to us, was well suited for the tasks advocates and judges would face once they left the academy. It also provided the stimulus needed for advance in the law of the church itself; their legal education made available to potential advocates and judges skills that would permit a sophisticated application of the ius commune, one better suited to their times. The article provides evidence of how this happened.1


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Roberto Fernández-Villarino ◽  
J. Andrés Domínguez-Gómez

PurposeThis study aims to explore how responsible corporate behaviour, specifically self-imposed financial regulatory control, might subsequently be reflected in the financial performance of companies subject to such regulation.Design/methodology/approachIn this study, the authors aim to explore how financial compliance in the form of the Economic Control Regulation (ECR) has impacted on the financial performance of professional football clubs in Spain. To this purpose, the authors adopted a quasi-experimental before and after study design. This type of design assesses the object of study before and after a specific event in order to determine whether this event has had any effects on the object. In this case, the event was the coming into effect of the ECR in the fiscal year of 2012, and the object hypothetically affected was the clubs’ economic performance.FindingsThe authors can confirm that in general terms and for the whole set of clubs analysed, the ECR has had a strong and positive effect on financial performance.Research limitations/implicationsIn this study, the authors wish to establish a link between the idea of “compliance” and that of “responsible corporate management practice”. It is not just a matter of compliance with the law. The fact of complying with certain laws could, in general terms, or from the point of view of common sense, be qualified as “responsible behaviour”. However, under the contemporary concept of corporate responsibility, compliance with the law is a behaviour that must be taken for granted. Responsibility, therefore, would entail going beyond such expected behaviour to one that exceeds the environment's expectation of the corporate actor.Practical implicationsWhat extent improvements in financial performance have also boosted social performance. Confirming such a positive effect endorses the argument that ethical improvements in corporate culture have a general effect on business sustainability in its different aspects: economic, social, environmental and in governance.Social implicationsThe authors may foresee that the culture of compliance will spread from the finance departments to other management areas. Its connection with ethical business practice is directly linked to the more complex concept of the “citizen company”. There are suggest interesting bases on which professional football clubs might move from a traditional profit-oriented company model towards a more contemporary one oriented towards relationships of integrity with the sport's environment. This study shows that the ECR has been a starting point for the development of Spanish professional football clubs towards this type of “citizen company”.Originality/valueIt was a single-sector study whose principal value lies in the verification of whether responsible economic management (the main consequence of applying the ECR) had any effects on company profits, financial results and other important indicators. In addition to fostering responsibility, this new management model involves a special innovation, as it is based on self-regulation (i.e. on regulations not imposed by national or supranational states), designed and implemented to ensure the sector's viability.


Author(s):  
Egidijus Küris

Western legal tradition gave the birth to the concept of the rule of law. Legal theory and constitutional justice significantly contributed to the crystallisation of its standards and to moving into the direction of the common concept of the rule of law. The European Court of Human Rights uses this concept as an interpretative tool, the extension of which is the quality of the law doctrine, which encompasses concrete requirements for the law under examination in this Court, such as prospectivity of law, its foreseeability, clarity etc. The author of the article, former judge of the Lithuanian Constitutional Court and currently the judge of the European Court of Human Rights, examines how the latter court has gradually intensified (not always consistently) its reliance on the rule of law as a general principle, inherent in all the Articles of the European Convention on Human Rights, to the extent that in some of its judgments it concentrates not anymore on the factual situation of an individual applicant, but, first and foremost, on the examination of the quality of the law. The trend is that, having found the quality of the applicable law to be insufficient, the Court considers that the mere existence of contested legislation amounts to an unjustifiable interference into a respective right and finds a violation of respective provisions of the Convention. This is an indication of the Court’s progressing self-approximation to constitutional courts, which are called to exercise abstract norm-control.La tradición occidental alumbró la noción del Estado de Derecho. La teoría del Derecho y la Justicia Constitucional han contribuido decisivamente a la cristalización de sus estándares, ayudando a conformar un acervo común en torno al mismo. El Tribunal Europeo de Derechos Humanos emplea la noción de Estado de Derecho como una herramienta interpretativa, fundamentalmente centrada en la doctrina de la calidad de la ley, que implica requisitos concretos que exige el Tribunal tales como la claridad, la previsibilidad, y la certeza en la redacción y aplicación de la norma. El autor, en la actualidad Juez del Tribunal Europeo de Derechos Humanos y anterior Magistrado del Tribunal Constitucional de Lituania, examina cómo el primero ha intensificado gradualmente (no siempre de forma igual de consistente) su confianza en el Estado de Derecho como principio general, inherente a todos los preceptos que forman el Convenio Europeo de Derechos Humanos, hasta el punto de que en algunas de sus resoluciones se concentra no tanto en la situación de hecho del demandante individual sino, sobre todo y ante todo, en el examen de esa calidad de la ley. La tendencia del Tribunal es a considerar que, si observa que la ley no goza de calidad suficiente, la mera existencia de la legislación discutida supone una interferencia injustificable dentro del derecho en cuestión y declara la violación del precepto correspondiente del Convenio. Esto implica el acercamiento progresivo del Tribunal Europeo de Derechos Humanos a los Tribunales Constitucionales, quienes tienen encargado el control en abstracto de la norma legal.


2020 ◽  
Vol 6 (3) ◽  
pp. 67-73
Author(s):  
Ekaterina A. Petrova

The article gives the authors interpretation of legal intellection as a special kind of professional thinking. It is underlined that legal intellection is directly connected with lawmaking, since the law is a result of both of these processes. The main directions of its influence on the elements of the lawmaking mechanism are considered. The author interprets lawmaking mechanism as a set of interrelated and interdependent technical and legal elements that support law creation. These elements include the law-makers; law-making methods and techniques; the rules of claw; forms (sources) of law. It is noted that the lawyers belonging to a particular type of legal understanding determines the understanding of lawmaking process. The author analyzes the influence of legal thinking style, determined by legal traditions of various legal families, on application of various forms of law as a result of lawmaking. The examples from Russian and American legal reality are given. The problem of legal intellection level of lawmakers is discussed, because of its influence on the quality of sources of law. It is concluded that legal intellection as a special kind of professional thinking permeates all types of legal activities and, first of all, directly affects the specifics of the lawmaking mechanism, determining the content of its main elements: the law-makers are the holders of legal intellection; methods, techniques of law-making are determined by the stylistic features of legal thinking; the quality of the forms of law created in the lawmaking process directly depends on the legal thinking level of their creators.


2018 ◽  
Vol 56 (212) ◽  
pp. 735-739
Author(s):  
Nuwadatta Subedi ◽  
Hima Raj Giri

Introduction: The medico legal reports and certificates prepared by doctors can be used as valuable documentary evidence in the court of law. The study was designed with objectives to explore the perception of judges and lawyers about the quality of medico legal reports prepared by the doctors and their competence in providing the expert evidence in the court. Methods: It is a questionnaire based cross sectional study conducted among the district judges and government attorneys of 75 districts of Nepal from March to May 2016. The data obtained was analysed by SPSS version 16.0. Results: Among a total of 78 participants who responded the questionnaire, 40 (51.3%) were district judges and 38 (48.7%) district attorneys. Most of them graded that the reports prepared by the doctors were just average. Among them, 49 (63.6%) strongly agreed and 28 (36.4%) partially agreed that the reports were useful in deciding the cases. A total of 44 (56.4%) respondents strongly agreed and 34 (43.6%) partially agreed that expert opinion of the doctors in the courts were useful to decide the cases. Seventy one (92.2%) of them rated general doctors as moderately competent. Conclusions: The medical reports prepared by the Nepalese doctors were just average as perceived by judges and lawyers and the competency in presenting the evidence in courts was moderate as rated by them.


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