Legal regulation of the procedure for the establishment of corporations in the EU, England and the USA: comparative legal analysis

2021 ◽  
pp. 236-238
Author(s):  
L.A. Berdegulova ◽  
Yu.G. Alekseev
Keyword(s):  
Legal Regulation ◽  
Legal Analysis ◽  
The Usa ◽  
The Eu

NATIONAL MECHANISMS OF REGULATION OF CROSS-BORDER COPYRIGHT RELATIONS AIMED AT PROTECTION OF ORPHAN WORKS

Lex Russica ◽  
2019 ◽  
pp. 18-29
Author(s):  
G. K. Dmitrieva ◽  
O. V. Lutkova
Keyword(s):  
International Law ◽  
Legal Protection ◽  
Single Copy ◽  
Legal Regulation ◽  
Copyright Holder ◽  
Conflict Of Laws ◽  
Cross Border ◽  
The Usa ◽  
The Right ◽  
The Eu

The article has investigated the mechanisms of the national (both legal and non-legal) regulation of orphan works, i.e. works the holder (holders) of rights to which is (are) not identified and/or the location of the rights-holder is not established. Orphan works are supposedly protected by copyright, which means the validity of exclusive rights and the potential need to obtain permission from the copyright holder for any form of using the works under consideration, namely: reproduction including digitization, translation, processing, etc. However, in a situation where the right holder is not determined (is unavailable), the user does not have an objective opportunity to obtain such a permission, and the work actually remains unknown to the society, although it can be of artistic, cultural or historical value. Since the beginning of the new millennium, the national legal systems of a number of States have establish a special regime for the legal protection of orphan works, and about 20 states of the world have developed the foundations of such a regime so far. The article analyzes the regulation of orphan works in several states — in the EU and its member states, Great Britain, the USA, Canada, Korea, Japan, India. The authors have determined the foundations of the substantive and conflict of laws regulation of cross-border relations regulating orphan works. Features of regulation of works with an unidentified author in the era of a network society are highlighted: in particular, the need to digitize orphan works, since many of them are in a single copy on the medium ruined by time, and the fact that the digitized work can instantly spread from databases to other jurisdictions. The authors provide for the forecast of possible ways of evolution of legal regulation of relations in question with the use of mechanisms of national and international law.

scholarly journals Features of Measures to Prevent Fraud Committed by Women: the Experience of Ukraine, the EU Countries and the United States

Dixi ◽  
2021 ◽  
Vol 23 (2) ◽  
pp. 1-23
Author(s):  
Viktoria Babanina
Keyword(s):  
United States ◽  
The United States ◽  
Legal Regulation ◽  
Female Crime ◽  
Eu Countries ◽  
Theoretical Approaches ◽  
Preventive Work ◽  
Special Programs ◽  
The Usa ◽  
The Eu

The article analyzes approaches to the prevention of female fraud in order to identify the best ways to combat fraud committed by women. Theoretical approaches to the measures to prevent crimes committed by women, in particular, female fraud were examined. Peculiarities of the legal regulation of the prevention of female fraud in Ukraine have been studied. The conclusion was made about the insufficiency of normative acts aimed at combating female fraud in Ukraine. In addition, the investigation revealed that measures taken in Ukraine to prevent female fraud were poor and insufficient. In parallel, the experience of the EU countries and the USA in the prevention of female fraud was analyzed in the article. The programs and methods of prevention of crimes committed by women in the USA and the EU have been studied. Based on this analysis, proposals to improve approaches to the prevention of female crime, in particular, female fraud, have been developed. In particular, the conclusion was made that preventive work among the population as well as creation of special programs to work with women would be relevant.

The Protection of marine mammals in the legislation of some states

Fisheries ◽  
2021 ◽  
Vol 2021 (5) ◽  
pp. 33-42
Author(s):  
Damir Bekyashev
Keyword(s):  
Russian Federation ◽  
Marine Mammals ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Legal Norms ◽  
The Usa ◽  
The Russian Federation

The article discusses the norms of the legislation of the USA, Canada, Norway, Denmark (in part of Greenland) concerning the protection of marine mammals. A comparative legal analysis of these legal norms is carried out, the features, differences and similarities of legal regulation are revealed. Recommendations for improving Russian legislation and the possible application of the experience of foreign states in the legal regulation of the protection of mammals in the Russian Federation are developed.

scholarly journals The legal regulatory model of virtual currency circulation: A socio-legal study

2020 ◽  
Vol 16 (1) ◽  
Author(s):  
Nikolay Mikhailovich Artemov ◽  
Lana Lvovna Arzumanova ◽  
Alexander Alexandrovich Sitnik ◽  
Yulia Leontyevna Smirnikova ◽  
Sergey Zenin
Keyword(s):  
Government Regulation ◽  
Social Research ◽  
Legal Regulation ◽  
State Regulation ◽  
Legal Analysis ◽  
Virtual Currency ◽  
Legal Study ◽  
Research Survey ◽  
Legal Nature ◽  
The Usa

The article examines a model of legal circulation of virtual currency. The issue of the legal nature of virtual currencies remains controversial. This generates a problem of choosing the most suitable and effective approach to regulation of virtual currencies circulation. The article analyzes approaches to determining the legal nature of cryptocurrencies and the experience of state regulation in Switzerland, Japan, the USA and China. Methods of legal analysis, synthesis, specific scientific methods, and social research survey have been employed in this article. As a result of the conducted socio-legal study, it has been found that there is no unified strategy of legal regulation of virtual currencies, which affects their perception by recipients. This conclusion is based on the comparative analysis of legal regulation of crypto­currencies circulation in such countries as Japan, the USA, and Switzerland. By contrast with these countries, China has significantly restricted usage of cryptocurrencies, actually having chosen the way of banning virtual currencies. The inconsistency of legal regulation can be observed not only between different countries, but also within one state, which is proved by the situation in the USA and Switzerland. At the present time, the system of government regulation of cryptocurrencies circulation is the most effective in Japan.

scholarly journals THE DEVELOPMENT OF THE LEGAL FRAMEWORK FOR “GREEN” FINANCE IN RUSSIA, THE EU AND CHINA: A COMPARATIVE LEGAL ANALYSIS

2020 ◽  
Vol 24 (2) ◽  
pp. 335-352 ◽  
Author(s):  
Elena P. Ermakova
Keyword(s):  
Climate Change ◽  
European Union ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Low Carbon ◽  
The European Union ◽  
Dialectical Logic ◽  
Green Finance ◽  
The Eu

The article is devoted to the analysis of the legal regulation of green financing in the European Union, China and Russia. It has been substantiated that a harmonious and completed system of regulatory regulation of green financing has not yet developed either in the PRC or the EU. In this regard, a comparative analysis of the above issues is of particular importance. The purpose of this article is to form an understanding of the legal framework for green finance in the European Union, China and Russia based on an analysis of regulatory acts and scientific sources. The following methods have been applied: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic. Private scientific methods employed in the work are legal-dogmatic and the method of interpretation of legal norms. Results: the study showed that green financing refers to financial transactions that support the transition to an economy with low carbon emissions and the fight against climate change. In recent years, China has been the leader in green financing, accounting for 28%, or $ 32 billion, of green bonds issued in 2018. Conclusions: In the PRC, the concept and foundations of the legal regulation of green finance are enshrined in the 2016 Guide to Creating a Green Financial System. The main elements included in the concept comprise: 1) pilot areas of green financing, 2) green loans, 3) green funds and public-private partnerships; 4) green securities; 5) green insurance; 6) environmental credit trading; 7) environ-mental risks. The European Union also strives to be a global leader in the fight against climate change. A number of EU regulations and directives regulate various aspects of green financing. On December 11, 2019, the European Commission introduced the European Green Deal, a new concept for economic growth aimed at making Europe the first climate neutral continent. The most ambitious draft of this program is the development of a pan-European climate law (climate code), a draft of which is due in March 2020. Russia is still lagging behind world leaders on the regulatory regulation of green financing, but the first steps in this direction have already been taken. The study was prepared with the financial support of the Russian Federal Property Fund in the framework of the scientific project No. 20-011-00270 "а" (Scientific adviser - E.E. Frolova).

scholarly journals Bankruptcy Procedure for Individuals in Russia and the USA: Comparative Legal Analysis

2020 ◽  
Vol 37 (64) ◽  
pp. 92-100
Author(s):  
Yuliya V. Boltenkova ◽  
Vladimir S. Sinenko ◽  
Sergey A. Rubanov ◽  
Oksana S. Lilikova ◽  
Aleksey Yu. Gordeev
Keyword(s):  
United States ◽  
Comparative Analysis ◽  
The United States ◽  
Legal Regulation ◽  
Positive Experience ◽  
Legal Analysis ◽  
Proficiency Level ◽  
The Usa ◽  
Bankruptcy Procedure ◽  
Russian Law

Bankruptcy is the legitimate procedure by which monetarily troubled firms, people, and sporadically governments settle their obligations. The insolvency procedure for firms assumes a focal job in financial aspects, since rivalry drives the most wasteful firms bankrupt, subsequently raising the normal proficiency level of those remaining. This study provides a comparative analysis of the most significant aspects of bankruptcy for individuals in Russia and the United States. The objective of the study was to determine the conditions involved in declaring a citizen insolvent in US and Russian law, for which we studied the ways of filing applications in these countries, as well as some methods of abuse by creditors that reduce the effectiveness of the bankruptcy institu-tion, and the ways to minimize them. Based on the results of the analysis, proposals were made to improve the legislation that governs people's bankruptcy. These proposals are based on the positive experience of the United States in the field of legal regulation of insolvency institutions.

Sanctions of the USA and the Policy of Bank of Russia:double Blow to the National Economy

2014 ◽  
pp. 13-29 ◽  
Author(s):  
S. Glazyev
Keyword(s):  
National Security ◽  
Economic Sanctions ◽  
Capital Flight ◽  
Practical Advice ◽  
The Us ◽  
Monetary Authorities ◽  
The Usa ◽  
Simultaneous Adoption ◽  
The Eu

This article examines fundamental questions of monetary policy in the context of challenges to the national security of Russia in connection with the imposition of economic sanctions by the US and the EU. It is proved that the policy of the Russian monetary authorities, particularly the Central Bank, artificially limiting the money supply in the domestic market and pandering to the export of capital, compounds the effects of economic sanctions and plunges the economy into depression. The article presents practical advice on the transition from external to domestic sources of long-term credit with the simultaneous adoption of measures to prevent capital flight.

Assessment of Poland's Economic Policy During te Crisis

2013 ◽  
Vol 8 (3) ◽  
pp. 195-210
Author(s):  
Stefan Krajewski
Keyword(s):  
Economic Policy ◽  
Pension System ◽  
Fiscal Sustainability ◽  
Economic Policies ◽  
Role Of The State ◽  
The Usa ◽  
Reducing Costs ◽  
Polish Economy ◽  
Favorable Conditions ◽  
The Eu

The rapid weakening of economic activity, covering most states in the world, gives rise to a lively discussion on the choice of methods to tackle the crisis, the legitimacy and effectiveness of various economic policies, the role of the state and the scope of its intervention in the economy. The paper evaluates the Polish economic policy in recent years. This refers to the situation prevailing in the EU and the USA. I conclude that the Polish economy during the crisis remained relatively stable, without having to provide the emergency aid from the outside. The development of such a situation has been affected by different reasons, including: - The benefits of the so-called "backwardness rent", which resulted, among others, in the inflow of EU funds (Poland was in 2007-2013 and in will be in 2014-2020 the biggest beneficiary of the EU budget); - The effects of decisions on changes in the tax and social security, taken for political reasons (before the crisis); - The controversial withdrawal from the funded pension system, reducing the budget deficit and public debt; - The prudent monetary policy and anti-inflation policy pursued over many years. Actions taken in Poland are primarily focused on reducing costs, which differs quite significantly from the economic policy dominant in the U.S. and the "old" EU countries which generally pursue expansionary fiscal policy and a policy of cheap money. Polish solution facilitates the achievement of short-term fiscal sustainability, but does not create favorable conditions for the development in the long-term (insufficient investment, petrification of economic structure, lack of innovation). 

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