The Importance of the Classification of Securities for Determining their Legal Status under the Legislation of the Republic of Kazakhstan

2020 ◽  
Vol 3 (57) ◽  
Author(s):  
Lola Tatarinova
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Point Of View ◽  
Securities Market ◽  
Legal Analysis ◽  
National Legislation ◽  
The Republic ◽  
Legal Security ◽  
Market Relations

Legal regulation of the international financial system in General and the securities market in particular is a problem that has a certain degree of importance and timeliness due to its determining influence on the world economy. Therefore, the analysis of existing approaches to the classification of securities, which is the subject of this article, is an important component of the Institute of legal security of securities. In this article, the author attempted to analyze the number of financial instruments that are recognized as securities in accordance with the current civil legislation of the Republic of Kazakhstan. Given their considerable number, the question of their classification arises. To achieve the goals of the study, the author widely used comparative legal analysis, which allowed us to identify the main differences and characteristics inherent in certain securities, according to the legislation of Kazakhstan. The analysis carried out in this article is aimed at identifying the main classification features of securities, on the basis of which their legal status is determined under the national legislation of the Republic of Kazakhstan. The main conclusions are concentrated on the table, the data of which are confirmed by both doctrinal sources and normative-legal ones. A comprehensive study of the classification of securities will make it possible to better understand the main directions for determining the legal status of a particular security, which will solve many contradictions of modern legal regulation, which is characterized by incompleteness and the presence of extensive "gray" zones. Also, the conclusion on the classification of securities from the point of view of the national legislation of the Republic of Kazakhstan will allow for comprehensive legal regulation of the needs of participants in civil turnover. The novelty is determined by the fact that the data obtained as a result of the study can give an impetus to the further development of market relations in the country by restoring a number of forgotten legal instruments used in the securities market.

scholarly journals Prospects for settlement of the legal status of cryptocurrency in Ukraine

2021 ◽  
pp. 152-157
Author(s):  
V.M. Lohoyda
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
Legal Regulation ◽  
Securities Market ◽  
Intangible Asset ◽  
Legal Analysis ◽  
Electronic Money ◽  
Current State ◽  
Legal Nature ◽  
The One

The article is devoted to the current state and prospects of further legislative regulation in Ukraine of the legal status of cryptocurrency (cryptoassets), primarily in terms of the need to clearly define its place in the system of objects of civil rights. The author emphasizes on the current uncertainty at the national and international level about the legal nature of cryptocurrency that causes gaps in the legal regulation of this phenomenon, which on the one hand allows its free and accelerated development, but on the other - creates significant legal risks for participants of the relevant legal relationships. Based on the comparative legal analysis of the approaches of different countries to the qualification of the legal essence of cryptocurrency, as well as the analysis of the Laws of Ukraine "On Prevention of Corruption", "On Prevention and Counteraction to Legalization (Laundering) of Proceeds from Crime, Financing  Terrorism and Financing Spread of the Weapon of Mass Destruction”, the draft Law of Ukraine“ On Virtual Assets ”№3637 of 11.06.2020 adopted as a basis and prepared for the second reading by the Parliament and opinions of national regulators of financial market and securities market the author considers as a debatable approach of Ukrainian authorities to regulation circulation of virtual assets and, in particular, such their type as a cryptocurrency, as an intangible asset (other intangible goods). There is a contradiction of such a qualification in terms of traditional features of intangible assets (pronounced personal nature, the impossibility of the existence of such goods in isolation from the subject of law without his consent, lack of property and economic content) and the economic purpose of cryptocurrency as a mean of payment. In this regard, the author concludes that there should be an expediency of classifying this object of civil rights as a special (private) form of money, for which he proposes to carry out a more detailed civil law classification with a division into fiat (cash, non-cash, digital) and private (cryptocurrencies and electronic money).

Some Issues of Ensuring of Procedural Guarantees of Participants of the Criminal Process of the Republic of Uzbekistan

2019 ◽  
Vol 8 (4) ◽  
pp. 9457-9460
Keyword(s):  
Legal Status ◽  
Criminal Procedure ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
National Legislation ◽  
Foreign Countries ◽  
The Republic ◽  
Status Analysis

The issues of ensuring the rights and guarantees of such participants in the criminal process as the suspect and the accused are relevant for research at all times. Guarantees are the means in accordance with which the execution of the purpose of criminal proceedings is ensured. In order to further expand the guarantees of such participants as the suspect and the accused, the article analyzes the concept and significance of the procedural guarantees of the participants in the criminal process, in particular the suspect and the accused; their legal status; analysis of the rights and guarantees of the data of participants in the criminal process. The article applies the methodology of comparative legal analysis. In particular, the norms of national legislation are analyzed, as well as the norms of foreign countries on these issues (Russia, Kazakhstan and Germany). Based on the results of the analysis, proposals were developed to improve the guarantees of the rights and freedoms of suspected and accused persons in the criminal proceedings of the country. These proposals can be used to make amendments and additions to the criminal procedure legislation of the country.

scholarly journals Genezis of the person of the public service, as a complex element of its legal status

2018 ◽  
Vol 6 (3) ◽  
pp. 25-31
Author(s):  
V. O. Andrieiev
Keyword(s):  
Historical Development ◽  
Legal Status ◽  
Civil Service ◽  
Civil Servant ◽  
Legal Regulation ◽  
The State ◽  
Point Of View ◽  
Historical Period ◽  
Legal Analysis ◽  
Public Servant

The article is devoted to the study of the main stages of the formation and development of the oath of a civil servant, as part of his legal status. The normative legal acts regulating the oath of a civil servant during the historical development of the civil service in the territory of modern Ukraine are considered.The article concludes that at the present stage, the institute of oath of a civil servant, based on historical legal analysis and taking into account European integration processes in the field of public administration, has a sustainable development. Throughout the historical development of the oath of a public servant, the formation and development of the civil service in the territory of Ukraine played a significant role. The main factors of influence in different historical periods on the formation and development of the oath of a civil servant were armed confrontation, change in the form of government, the state-political structure of the state, and the formation of various Ukrainian states.At the same time, taking into account the complicated conditions for the historical development of the oath of a public servant, which consisted in the perception of society, a certain historical period, the legal phenomenon of «oath» as an integral part of the legal status of a civil servant, and sometimes the lack of normative and legal regulation of the institution of the oath of a civil servant, all however, played an important role in the formation of the civil service in general.Thus, all historical stages of gossip of the oath of a civil servant as a component of his legal status are important from the point of view of historical and legal study of the civil service in the territory of Ukraine, as well as normative legal acts from the point of view of fixing the oath of the civil servant.Consequently, taking into account the historical development of the oath of a civil servant, an oath is an integral part of its legal status, a factor that gives an individual the opportunity to voluntarily acquire certain rights and responsibilities, which are, first of all, in the service of their people.

To the Question of the Classification Patterns of Social Stratification in the Countries of the World (Brief Overview of Some Concepts and Author’s Comment)

2020 ◽  
pp. 65-75
Author(s):  
S. N. Smirnov
Keyword(s):  
Social Sciences ◽  
Social Stratification ◽  
Legal Status ◽  
Scientific Literature ◽  
Point Of View ◽  
The World

The author considers the problems of typification of society. Some concepts of typification of social stratification models in different countries formulated and justified in historical and legal, historical, sociological, and economic scientific literature are reviewed. The circumstances that make it difficult to formulate universal concepts designed for application in the complex of social Sciences are identified. These circumstances include insufficient consideration of legal factors, including the position of the legislator, the specifics of the corporate legal status, and the characteristics of the mechanism for changing individual legal status. The author offers a variant of classification of society types from the point of view of legal registration of their structure. The possibility of distinguishing types such as consolidated companies and segmented companies is justified.

The Term «Computer Game»: The Experience of an Interdisciplinary Analysis

2021 ◽  
Author(s):  
A.A. Vasiliev ◽  
◽  
Yu.V. Pechatnova ◽  
Keyword(s):  
Video Game ◽  
Computer Games ◽  
Social Evolution ◽  
Computer Game ◽  
Interdisciplinary Approach ◽  
Legal Regulation ◽  
Economic Feasibility ◽  
Point Of View ◽  
Legal Analysis ◽  
New Variety

The article is devoted to a comprehensive interdisciplinary study of the term «game» and its relatively new variety – computer game. The need to use an interdisciplinary approach to the study of the term is explained by the versatility and multi-aspect nature of the phenomenon under study. The article reveals the meaning of the concept «game» in the philosophical, aesthetic, historical, cultural, linguistic, psychological, technological and legal dimensions. The research methodology includes historical, systematic methods, as well as the method of formal legal analysis. The author emphasizes the influence of the development of forms of game activity on the development of social evolution, as well as the interaction of the game and the achievements of scientific and technological progress. The relevance of studying the term «computer game» lies in the fact that computer games have become the most popular type of gaming activity and the most profitable commercial product on the modern market. In this regard, terminological certainty is necessary due to the economic feasibility and effective legal regulation of the development, implementation and use of computer games. The authors propose to identify the main features of the concept «game», in general, and the specific features of the term «computer game», in particular. Based on the set of features, the author's definition of the concept «computer game» is proposed. In order to distinguish the studied concept from related categories, the analysis of the terms «electronic game» and «video game» is carried out. In conclusion, the authors assess the approaches to the legal regulation of computer games from the point of view of domestic legislation. As a result of the analysis of the possibility of attributing a computer game to a variety of programs for electronic computers or a variety of multimedia products, the choice was made in favor of the latter. Thus, at present, in order to solve legal problems related to the development and use of a computer game, the authors propose the application of the law analogy.

scholarly journals Advertising in Video Games: Legal Qualifications

2021 ◽  
pp. 41-47
Author(s):  
Irina Kiryshina
Keyword(s):  
Video Games ◽  
Computer Games ◽  
Legal Regulation ◽  
Product Placement ◽  
Point Of View ◽  
Science Literature ◽  
Legal Analysis ◽  
Online Game ◽  
Federal Law ◽  
To Receive

The article is addressed to the legal analysis of advertising placed in video games. Topical issues of the concept of advertising are touched upon from the point of view of its compliance with the legal definition enshrined in the Federal Law "On Advertising". There has been analized the distribution of advertising in video games, such as ads embedded in game content, including "product placement". In Russian legislation, there is an analogue of this category which is defined by the legislator as “references to a product, means of its individualization, about a manufacturer or seller of a product, which are organically integrated into works of science, literature or art”. The conclusion is made about the possibility of qualifying this technique as an advertisement in the absence of a sign of "organic integration". The examples of judicial and law enforcement practice of inorganic integration are considered. In such cases, the disseminated information is recognized as advertising, in respect of which the requirements of advertising legislation regarding restrictions on advertising of tobacco and alcohol, weapons and a number of other goods must be observed. There are special requirements for video games for minors in order to protect their rights. The author presents the position regarding the qualification of targeted advertising from the point of view of its compliance with such a sign of advertising as being addressed to an indefinite group of people. The conclusion is supported by the argument that personalization of an advertising message does not exclude its qualification as an advertisement. The problem of advertising distribution in computer games, including multiplayer games, carried out via the Internet, where obtaining the preliminary consent of the online game user to receive advertising is achieved by including this condition in the user agreement, is investigated. The conclusion is made about the need to improve legal regulation in the studied field.

scholarly journals Features of Inheritance of Cryptocurrency Assets

2021 ◽  
Vol 10 (1) ◽  
pp. 103-122
Author(s):  
Oleksandr Omelchuk ◽  
Inna Iliopol ◽  
Snizhanna Alina
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
European Countries ◽  
Electronic Money ◽  
Applicable Law ◽  
Legal Nature ◽  
The World ◽  
Functional Features ◽  
Made In

The article analyzes the legal nature and specific of legal regulation of cryptocurrency in order to reveal the features of inheritance of cryptocurrency assets. The article aims to reveal whether it is possible to inherit cryptocurrency in terms of the existent legislation and if so, what kind of peculiarities of cryptocurrency should be considered. The financial and legal nature of cryptocurrency are described in the article. The main differences between cryptocurrency and traditional electronic money are revealed. The current legislation of Ukraine and some European countries on cryptocurrency legal status is analyzed. It is stated, that in most countries of the world, cryptocurrency is not considered to be money or currency, but rather a kind of property. It is noted, that while solving the issue of inclusion of cryptocurrency assets in the legacy, it is necessary to take into account the functional features of cryptocurrencies in general and the specifics of a particular type of cryptocurrency. Most of the benefits of cryptocurrencies for their owner (such as anonymous character) are obstacles to their inheritance according to the procedures provided by applicable law. The classification of the methods of inheritance of cryptocurrency assets is made in the article. The differences in the inheritance of cryptocurrency and tokens are revealed.

scholarly journals TOPICAL ISSUES OF RESEARCH AND EDUCATIONAL POLICY DEVELOPMENT IN RUSSIA

2020 ◽  
Vol 9 (02) ◽  
pp. 197-211
Author(s):  
Anna Rozentsvaig ◽  
R. A. Vdovin
Keyword(s):  
Artificial Intelligence ◽  
Educational Policy ◽  
Policy Development ◽  
Legal Status ◽  
Technological Development ◽  
Legal Regulation ◽  
Competence Development ◽  
Point Of View ◽  
Research Education ◽  
World Class

The article deals with some directions of the research and educational policy development. The correlation of approaches to the development of the strategic academic leadership program and the world-class research and educational centers establishing, centers of competence development is analyzed. Engineering knowledge and technology are at the heart of the modern economy. Engineering methods, approaches, and technologies have permeated medicine, biology, agriculture, chemistry, and the development of new materials. Understanding the directions of technological development determines the prospects for creating and using new products. further development of the issue related to the introduction of artificial intelligence technologies in the engine-building industry from the point of view of legal regulation will allow to consolidate the official legal status of such technologies at the legal level and regulate the algorithm and delimit the use of artificial intelligence technologies. The analysis of responses to the big challenges of scientific and technological development and the exhaustion of economic growth opportunities, the formation of the digital economy and the risks of reducing human resources. The development of international accreditation procedures is proposed. Keywords: Research; Education: Research and educational center: Competence development center; Artificial intelligence technologies: International accreditation.

scholarly journals THE FOREIGN EXPERIENCE OF IMPROVEMENT OF NATIONAL LEGISLATION IN THE FIELD OF ELECTRONIC REGULATION STATE REGISTERS

2019 ◽  
pp. 47-50
Author(s):  
O. O. Bernaziuk
Keyword(s):  
Electronic State ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Unified Approach ◽  
Telecommunication System ◽  
National Legislation ◽  
Foreign Experience ◽  
Legal Principle ◽  
Characteristic Features ◽  
State Registration

The article is devoted to the study of foreign experience of improving national legislation in the field of regulation of the organization of electronic state registers. The author analyzed scientific conceptual approaches to defining the concept of state registration, on the basis of which a number of characteristic features of state registration were distinguished. Based on the scientific and legal analysis, it is concluded that the objects of state registration may include, in particular: information about natural and legal persons, things (movable and immovable), property and other rights (property rights, leases, easements, etc.), documents (regulations, court decisions, statutes, etc.), legal facts (birth, death, acquisition or loss of citizenship, formation, reorganization, liquidation of a legal entity, public association, commencement or termination of a pre-trial investigation, enforcement On proceedings, etc.). The author analyzes foreign experience of countries such as Georgia, Germany, Sweden in the field of legal relations arising in the sphere of state registration and organization of electronic state registers. Based on the analysis, it is concluded that one of the significant shortcomings of national legislation in the field of legal relations arising in the field of state registration is the lack of a single legislative approach to the formation of the list of information about the object of state registration. In order to improve the legal regulation of state registers, including in the light of foreign experience in this field, the author has developed the following proposals, in particular, to introduce a unified approach to: defining the concept of “state registry” (as an information and telecommunication system), “state registration” (as a type of state activity); the procedure of keeping state registers, if their holder is one body; Introduce the legal principle of determining the amount of information about a state registration object, in particular: extending the information contained in public registers and minimizing information in non-public registers.

scholarly journals Legal Regulation of the Status of Subjects of Special Competence in Relation to Public Administration in the Sphere of Intellectual Property in Ukraine

2021 ◽  
Vol 9 (2) ◽  
pp. 221-236
Author(s):  
Yevhen Leheza ◽  
Yuriy Deliya ◽  
Eduard Ryzhkov ◽  
Serhii Albul ◽  
Oleksandr Shamara
Keyword(s):  
Intellectual Property ◽  
Public Administration ◽  
Legal Status ◽  
Legal Regulation ◽  
Documentary Sources ◽  
Domestic Legislation ◽  
The Status ◽  
Special Competence

Relevant issues of the administrative and legal status of subjects of special competence in relation to public administration in the field of intellectual property are considered. Main  content. A circle of specified subjects in the system of subjects of public administration is determined. The role of subjects of special competence in the fulfilment of tasks of public administration in the sphere of intellectual property is identified. Classification of subjects of special competence regarding public administration in this field is presented. Features of the administrative or legal status of each group of subjects of special competence in relation to public administration in the field of intellectual property are analyzed. Specifics of the influence of these subjects on legal relations arising in the sphere of intellectual property are characterized. Materials and methods research based on the analysis of documentary sources. the  basis  is  the  dialectical  method  of  cognition  of  the  facts  of  social  reality,  on  which  the  formal legal and comparative legal approaches are largely based. Conclusions are drawn about the place of subjects of special competence in relation to public administration in the field of intellectual property among other subjects. Proposals on the necessity to improve current domestic legislation in the sphere of intellectual property are formulated.Keywords: Public administration; Intellectual property; Legal regulation; Relation; Sphere; Subjects of special competence Peraturan hukum status subjek kompetensi khusus dalam kaitannya dengan administrasi publik di bidang kekayaan intelektual di Ukraina  Abstrak.Masalah yang relevan dari status administrasi dan hukum mata pelajaran kompetensi khusus dalam kaitannya dengan administrasi publik di bidang kekayaan intelektual dipertimbangkan. Isi utama. Lingkaran mata pelajaran tertentu dalam sistem mata pelajaran administrasi publik ditentukan. Peran mata pelajaran kompetensi khusus dalam pemenuhan tugas administrasi publik di bidang kekayaan intelektual diidentifikasi. Klasifikasi mata pelajaran kompetensi khusus tentang administrasi publik di bidang ini disajikan. Fitur status administrasi atau hukum dari setiap kelompok mata pelajaran kompetensi khusus dalam kaitannya dengan administrasi publik di bidang kekayaan intelektual dianalisis. Spesifik pengaruh subjek ini pada hubungan hukum yang timbul di bidang kekayaan intelektual dicirikan. Bahan dan metode penelitian berdasarkan analisis sumber dokumenter. Basisnya adalah metode kognisi dialektis atas fakta-fakta realitas sosial, yang menjadi dasar sebagian besar pendekatan hukum formal dan hukum komparatif. Kesimpulan diambil tentang tempat mata pelajaran kompetensi khusus dalam kaitannya dengan administrasi publik di bidang kekayaan intelektual antara mata pelajaran lainnya. Proposal tentang perlunya meningkatkan undang-undang domestik saat ini di bidang kekayaan intelektual dirumuskan.Kata kunci: Administrasi publik, Kekayaan intelektual, Regulasi hukum, Hubungan, Lingkungan, Mata pelajaran kompetensi khusus Правовое регулирование статуса субъектов особой компетенции в отношении государственного управления в сфере интеллектуальной собственности в УкраинеАннотация Рассмотрены актуальные вопросы административно-правового статуса субъектов особой компетенции применительно к государственному управлению в сфере интеллектуальной собственности. Основное содержание. Определен круг указанных субъектов в системе субъектов государственного управления. Выявлена роль субъектов специальной компетенции в выполнении задач государственного управления в сфере интеллектуальной собственности. Представлена классификация предметов особой компетенции государственного управления в этой области. Анализируются особенности административно-правового статуса каждой группы субъектов особой компетенции применительно к государственному управлению в сфере интеллектуальной собственности. Охарактеризована специфика влияния этих субъектов на правоотношения, возникающие в сфере интеллектуальной собственности. Материалы и методы исследования на основе анализа документальных источников. в основе лежит диалектический метод познания фактов социальной действительности, на котором в значительной степени базируются формально-правовой и сравнительно-правовой подходы. Сделаны выводы о месте субъектов особой компетенции по отношению к государственному управлению в сфере интеллектуальной собственности среди других субъектов. Сформулированы предложения о необходимости совершенствования действующего украинского законодательства в области интеллектуальной собственности.Ключевые слова: Государственное управление, Интеллектуальная собственность, Правовое регулирование, Отношения, Сфера, Субъекты особой компетенции.

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