LAW REGULATION OF CALCULATION OF THE INDIVIDUAL DEBT RATIO OF LOCAL GOVERNMENT UNIT

2020 ◽  
Vol 8 (2) ◽  
pp. 283-292
Author(s):  
Artur Dmowski
Keyword(s):  
Local Government ◽  
Local Authority ◽  
Legal Regulation ◽  
Debt Ratio ◽  
Major Difficulty ◽  
Debt Repayment ◽  
The Individual ◽  
The Right ◽  
First Time ◽  
Law Regulation

The aim of the considerations is focused on the analysis of the law regulation of calculation of the individual debt ratio of local government unit. The new rules governing debt limits were introduced in 2014 (Articles 242-244 of the Act on Public Finance, hereinafter referred to as APF) and immediately became a major difficulty in planning and managing local finances in territorial self-government units. The next four years proved many defects and inconveniences in implementing new norms, while “creativity” of the financial sector of local authority units demonstrated that they were quite easy to evade. The structure of the maximum ratio limiting obligations due to titles specified by the lawmaker, due in a particular year, is closely related to the provisions of APF. For the first time it was used in evaluating the budgets passed for 2014. The essence of this legal regulation consists in comparing two ratios, presented in form of an equation (formula). In order to pass the budget local authorities need to obtain a relation in which the left side of the formula (annual debt repayment ratio) is lower than or equal to the right side (maximum debt repayment ratio) (Act of Public Ginance).

ECONOMIC RELATIONS OF INDEBTEDNESS OF TERRITORIAL SELF-GOVERNMENT UNITS IN POLAND IN THE CONTEXT OF THE CONSTRUCTION OF AN INDIVIDUAL DEBT RATIO

2021 ◽  
Vol 9 (1) ◽  
pp. 15-26
Author(s):  
Vladimir Martyniuk ◽  
Tomasz Wołowiec
Keyword(s):  
Public Finance ◽  
Local Government ◽  
Financial Planning ◽  
Legal Regulation ◽  
Fiscal Year ◽  
Debt Ratio ◽  
Economic Relations ◽  
The Public ◽  
Debt Repayment ◽  
The Right

The new debt limitation rules in force since 2014 (Articles 242-244 of the Public Finance Act have been a significant impediment to local financial planning and management for most local government units (hereinafter: LGUs). During the four years of their implementation many defects and inconveniences in the application of the new standards have emerged and the "crea-tivity" of the local government financial sector has shown that they can be relatively easily cir-cumvented. The construction of the maximum indicator limiting the liabilities of the titles speci-fied by the legislator, falling due in a given year, is closely related to the provisions of the Law of the fiscal year. The essence of this legal regulation is the comparison of two indicators, in-cluded in the formula of equation (formula). A positive condition for the adoption of the budget is to obtain a relationship in which the left side of the formula (annual debt repayment ratio) is less than or equal to the right side (maximum debt repayment ratio).

scholarly journals Eksekusi Aset Debitor yang Berada Di Luar Negeri dalam Penyelesaian Sengketa Kepailitan

SASI ◽  
2019 ◽  
Vol 25 (2) ◽  
pp. 121
Author(s):  
Rizka Rahmawati
Keyword(s):  
Legal Regulation ◽  
Conceptual Approach ◽  
Cross Model ◽  
Bilateral Agreements ◽  
Accounts Payable ◽  
Sense Of Security ◽  
Debt Repayment ◽  
The Republic ◽  
The Right ◽  
Court Process

In order to carry out business activities, it is not uncommon for someone to make a debt to have enough capital. These accounts payable activities of course require objects that are a guarantee to give a sense of security to creditors. In its development it is not uncommon for collateral objects to be held by debtors abroad. However, if the collateral object is located abroad, it will not be easy to execute as a debt repayment tool because of the state sovereignty that must be respected and the territoriality principle adopted by a country. The problem in this writing is about how Indonesia's national legal regulation regarding debtors 'assets is located abroad and how efforts can be made so that debtors' assets residing abroad can be executed as debt repayment tools. This research will be conducted using a type of normative juridical research with a type of legislative approach (concept approach) and a conceptual approach. According to the provisions of Article 212 PKPU UUK, that property owned by bankrupt debtors abroad can be used as bankrupt boedel. The provisions of the article give the right to a creditor to obtain repayment by using debtor's assets which are not bound to him which are outside the jurisdiction of the Unitary State of the Republic of Indonesia. In order for collateral objects to be used abroad to be used as a debt repayment tool, a number of ways can be taken, namely by a general court process, bilateral agreements (diplomatic agreements), diplomatic channels, or using the UNCITRAL Law on Cross Model. Border Insolvency with Guide to Enactment.

scholarly journals LEGAL REGULATION OF COMMUNICATION PRIVACY IN THE INFORMATION SOCIETY

2020 ◽  
Vol 24 (4) ◽  
pp. 985-1004
Author(s):  
Anzhelika N. Izotova
Keyword(s):  
Information Society ◽  
Communication Technologies ◽  
Legal Framework ◽  
Legal Regulation ◽  
Necessary Condition ◽  
Research Activity ◽  
The Individual ◽  
The Right ◽  
Dialectical Analysis ◽  
Communication Privacy

The article is devoted to the regulation of communication privacy, which is not only a guarantee of the individual right to confidentiality and privacy, but also a necessary condition for the collective freedom of speech, trust in communication services, which is essential for formation of the information society. The right to communication privacy with the advent of new communication technologies is being transformed and expanded, which requires updating and harmonization of the legal framework. In this regard, the purpose of the research is to reveal problems and contradictions in updating legal regulation of communication privacy, including by analyzing legislation and existent scientific approaches to the content of communication privacy, description of mechanisms for both ensuring and limiting communication privacy, as well as interaction of legal entities regarding communication privacy. The relationship between Russian and European legislation, which regulate communication privacy (ePrivacy) have been considered in this paper. The research methodology is represented by such methods as dialectical, analysis, analogies, formal-legal, comparative methods of research activity. The work demonstrates different approaches to determining the content of the right to communication privacy, expanding the range of professional subjects of communication privacy, and loosening the mechanisms for limiting this right in the direction of its expansion in the context of interrelations between subjects of legal relations concerning communication privacy.

scholarly journals Spiritual Education in Russia: Law and Theology

2021 ◽  
Vol 9 (SPE3) ◽  
Author(s):  
Natalya Viktorovna Lutovinova ◽  
Alla Efratovna Zolotareva ◽  
Elena Olegovna Tchinaryan ◽  
Igor Olegovich Loshkarev
Keyword(s):  
Religious Education ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Spiritual Education ◽  
Systematic Analysis ◽  
New Information ◽  
Life Education ◽  
The Individual ◽  
The Right ◽  
Voluntary Choice

It is impossible to imagine modern life without education. It allows a person to learn something new, to know the reality around, to realize their abilities, to reveal their talents, to find a vocation in life. Education is not only the process of learning new information, but it is also the upbringing and development of the individual, their exposure to the world and national culture, the formation of a certain system of values. Currently, there are several problems in education, like in any other public sphere, that cause active discussion in society and require resolution at the legislative level. This article presents a legal study of spiritual education, taking into account its legal regulation and implementation in Russia at the present stage. The authors of the article consider the most important aspects of the implementation of the right to spiritual education in Russia and conduct a comparative legal analysis of the Russian legislation on spiritual education. The article considers the types of educational organizations that provide religious education and their educational programs, describes the foreign experience of religious education, and conducts a systematic analysis of educational standards of higher education. The authors identify current problems in the field of organization and implementation of religious education, give recommendations for their solution, and indicate areas for improving legislation on religious education. It is concluded that the introduction of subjects teaching religion in educational institutions is legal in compliance with the principle of voluntary choice of education.

scholarly journals HISTORICAL EXPERIENCE OF INTELLECTUAL PROPERTY REGULATION IN GALICIA AS A PART OF AUSTRIA AND AUSTRO-HUNGARY (1772–1918)

2021 ◽  
Vol 77 (4) ◽  
pp. 23-29
Author(s):  
Ihor Boiko ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Legal Regulation ◽  
Civil Code ◽  
Industrial Property ◽  
Historical Experience ◽  
Definition Of ◽  
The Right ◽  
First Time ◽  
Right Of Reproduction

The article analyzes the features of the legal regulation of intellectual property in Ukraine, in particular in the Ukrainian lands of Austria and Austria-Hungary (1772-1918). The author shows that the main source of legal regulation of civil relations, in particular intellectual property, in Galicia as part of Austria and Austria-Hungary (1772–1918) was the Austrian Civil Code of 1811. Property rights under the Austrian Civil Code of 1811 were the right of ownership, the right of possession, the right to pledge, and easements. The author highlights that things were divided into corporeal, disembodied, movable and immovable, used and unused, with price and without price. The bodily things were those perceived by the sense organs. Disembodied things included, first of all, property rights - the right to fish, hunt, and so on. It is shown that in the Austrian Empire for the first time the provisions on the legal regulation of intellectual property were provided for in the Civil Code of 1811 (Articles 1164‒1170). The author shows that the Austrian legal acts of 1846 for the first time regulated the free use of works, including the right of translation, citation. According to the law of 1846, the artist had to reserve the right of reproduction and exercise it for 2 years under the threat of losing his rights. It is emphasized that the presence of Western Ukrainian lands in the Austro-Hungarian monarchy, in comparison with the previous period of the Commonwealth, contributed to the spiritual progress of the Ukrainian nation, intensified cultural and artistic processes in Ukrainian lands. The author reveals that an important and new normative act in the field of intellectual property regulation was the Austrian Copyright Act for works of literature, art and photography, adopted on December 26, 1895. Attention is focused on the fact that the development of industrial property rights was carried out under the influence of economic development, which in the western Ukrainian lands as part of Austria was slower than in the economically developed regions of Austria, and thus - Austria-Hungary. It is concluded that the development of legal regulation of intellectual property in Galicia as part of Austria and Austria-Hungary (1772-1918) formed a certain experience, which was characterized by the specification of objects, subjects, the definition of intellectual property, the consolidation of copyright and their defense in court.

RUSSIAN FEDERATION CADAVERIC ORGAN DONORSHIP LEGAL REGULATION FEATURES

2019 ◽  
pp. 16-24
Author(s):  
Elena Mikhaylovna Nesterova
Keyword(s):  
Legal Regulation ◽  
Presumed Consent ◽  
Advantages And Disadvantages ◽  
Legitimate Interest ◽  
Foreign Countries ◽  
Study Experience ◽  
Cadaveric Organ ◽  
The Individual ◽  
The Right ◽  
Legal Mechanism

The limits of the disposal of one’s own body, individual organs and tissues are not clearly regulated by law, and therefore there are many difficulties in legal realization. Especially problematic is the use of organs after death for another person. In the case of various personal (somatic) rights, despite the lack of a full legal mechanism of their action, you can always starting out from the will of the individual, his individual rights. However, after the death loss of the ability of this volitional aspect and expression of their legitimate interest. We reveal the features and problems of personal (somatic) human rights in the key of cadaveric organ donorship. We analyze current Russian legislation and these norms application practice, we note shortcomings and imperfections of legal regulation of the area of organs removal after the death of a person. In addition, we investigate the religious and dogmatic nature content of acts for the relation to transplantology. We pay particular attention to the presumed consent analysis on removal of organs after death. Also we note the advantages and disadvantages of such a legislative setting. Conclusions about the such rights protection options are formed and the need to create an effective mechanism for the realization of the right of each participant in such relations is emphasized. Based on some foreign countries study experience, we propose an options for the development and improvement of cadaveric donation regulation.

scholarly journals Normative and Legal Regulation and Procedure for Bringing Officials to Liability for the Violation of the Right to Public Information’s Access

2019 ◽  
Vol 87 (4) ◽  
pp. 87-94
Author(s):  
V. S. Vitkova
Keyword(s):  
Incomplete Information ◽  
Public Information ◽  
Information Provision ◽  
Legal Regulation ◽  
The State ◽  
Public Confidence ◽  
Public Authorities ◽  
Inaccurate Information ◽  
The Individual ◽  
The Right

The article focuses on the violation of the right to public information’s access as a constituent of the constitutional right of a person and citizen to information. It is substantiated on the basis of received empirical data that in practice there are cases, where officials of public authorities, who are the stewards of public information, provide inaccurate / incomplete information, in connection with which there is a need for an adequate response to the offense. Attention is drawn to the fact that the provision of inaccurate information by public information’s stewards is one of the most complex problematic aspects for a number of reasons, in particular because of the complexity of verifying the information provided to the requester; the absence of possibility of proving intentionality in the actions of public information’s stewards; the complexity of the prosecution of authorized officials. Failure to provide information, unlawful refusal to provide information, untimely or incomplete provision of information, provision of false information is qualified by the current legislation as an administrative offense, which has the effect of bringing to justice. The legal regulation is revealed and the procedure for bringing officials to administrative liability for violations of the right to public information’s access is studied. The participation of the Verkhovna Rada Commissioner for Human Rights in this process is being researched. It is concluded that, in practice, in regard to normative and legal regulation of the right to public information’s access, the main array of problematic aspects is concentrated mainly not in the legal part, but in the part of strict compliance with the requirements and provisions of the current legislation by the officials, who are the stewards of public information. The procedure for bringing to administrative liability for giving false / incomplete information is institutionally quite simple and effective. However, there is no need to mention that there is an objective need to do a thorough job on changing the approach and, above all, the attitude of public officials to the population; the need to develop and cultivate respect for the individual as the highest social value in the state and maintain a high flawless image, which, among other things, will help to restore public confidence in the state, its agencies and officials.

scholarly journals EUROPEAN EXPERIENCE OF LEGAL REGULATION OF ATTORNEY PROFESSIONAL ETHICAL BEHAVIOR

2019 ◽  
pp. 173-177
Author(s):  
Ya. V. Fliazhnikova
Keyword(s):  
Professional Competence ◽  
Legal Regulation ◽  
Law Firms ◽  
The European Union ◽  
Code Of Practice ◽  
European Experience ◽  
Protection Of Human Rights ◽  
The Government ◽  
The Individual ◽  
The Right

The European experience in the legal regulation of the lawyer’s professional ethical conduct is important and necessary for any civilized community. Its positive characteristics can be useful for reforming the current legislation of Ukraine and further scientific research. Since the profession of lawyer is designed as a benchmark for the protection of human rights in relations with the government, the existence of clear standards of attorney ethics that meet the generally recognized world standards – is a necessary prerequisite for the effectiveness of the advocacy as such. It is Europe’s universally recognized values, such as the right to life, liberty and security of person, property, fair trial and others, that will only be true values if they can be protected in a civilized legal way. The article reviews the work of the eminent lawyer M. Mollo “Rules of the Bar in France” which outlines important and necessary professional personal requirements that a lawyer in a modern democratic society must meet. The individual provisions of the German Bar, which is an independent organization in the justice system, are examined. The German Bar system allows attorneys to practice law virtually as free entrepreneurs. Moreover, it is determined that the practice of advocacy in Germany contains a lot of innovations, first of which is its concern with countries that are members of the European Union. It should be noted that the author has suggested the first step for Ukraine – based on the experience of Germany – is to establish a single minimum tariff, which would be used by both law firms and individual lawyers. Based on the review of the provisions of the General Code of Practice for EU lawyers, an important next step for Ukraine has been identified is the rules on professional insurance. Attorneys should always be insured against unfounded claims that are related to insufficient professional competence, and the size of the insurance should be set within reasonable limits. It is important to note that the laws of other European countries trace the principles of the autonomy of the legal profession, independence, exclusivity, self-government and self-financing.

scholarly journals Development of Legal Regulation of Pension Provision for Servicemen and Their Families on the Territory of Modern Ukraine (XVIII-XX Centuries)

2019 ◽  
pp. 299-307
Author(s):  
Oleh RADCHENKO
Keyword(s):  
Pension System ◽  
Legal Regulation ◽  
The Social ◽  
Great Patriotic War ◽  
Disability Group ◽  
Post War ◽  
The One ◽  
The Right ◽  
First Time ◽  
Stimulation Of

The peculiarities of legal regulation of pension provision of servicemen and their families on the territory of modern Ukraine in the XVIII–XX centuries are investigated. In particular, it has been established that for the first time the right to pension provision was regulated by Peter I in 1720 in the Marine Statute, which provided service pension, disability pension and survivor’s pension. It was also determined that during the royal period, the provision of pensions was not properly arranged. The new pension system for servicemen began to be built up after the overthrow of the tsarist regime, which was the reason for the October Revolution of the Bolsheviks, but it was far from perfect. Consolidation of the right to pension, its types and conditions of appointment at the normative level did not mean the receipt of pensions. From 1919 till 1924, pension provision for servicemen and their families on the territory of the Ukrainian SSR developed as a republican, in accordance with the regulations of the normative legal acts adopted by the SNK of the UkrSSR, and from 1924, all-Union bodies were formed, therefore further legislation, in particular the one that concerned pension provision, has developed not as a republican, but as all-union. It was also found out that despite the fact that in the period of the Great Patriotic War and the post-war period, the social security of servicemen in general, and pensions in particular, were placed in priority areas, their financial situation and members of their families were at a very low level. It has been established that a number of features of retirement provision for servicemen and members of their families, established in pre-Soviet and Soviet periods, have survived to the present. In particular, it is relevant to types of pensions, stimulation of a later retirement, and differentiation of the size of the pension depending on the disability group, etc.

scholarly journals RIGHT OF MUNICIPAL PROPERTY IN THE STATES OF THE EUROPEAN UNION: THE ISSUES OF CONSTITUTIONAL AND LEGAL REGULATION

2020 ◽  
Keyword(s):  
Local Government ◽  
Local Governments ◽  
Good Governance ◽  
Legal Regulation ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Communal Property ◽  
The Right ◽  
The Eu

The article deals with the constitutional and legal regulation of the right of municipal property in member countries of the EU. It is noted that the constitutions of the Member States mostly ignore the concept of ownership of local self-government. At the same time, the constitutions reinforce the issue of material and financial basis. As a rule, the translation from the languages ​​of the member countries of the EU into English uses the notion of «municipal property», «local government property» or «public property». In the constitutions of the member countries of the EU, the principle of financial and financial autonomy, guarantees of local self-government are found. The legal basis of municipal property rights is also determined by the local government law, and sometimes by a municipal property law and local acts. The municipal property laws set out the basic principles of municipal property management. It is noted that the management is in the interest of the population of the municipality and with the care of «good governance». It is stated that the existence of a special law on the property of local self-government does not solve all issues of systematization of legislation in this area. It is summarized that in the study of the conceptual apparatus in the sphere of municipal (communal) property, the essence of this right is of fundamental importance. In the legislation of these countries there are both concepts: «municipal» and «communal property». These concepts should be regarded as synonymous and for the convenience of designating this form of ownership in the EU Member States, it is permissible to apply the concept of «municipal property». Examples of application of both concepts in constitutional legal acts are given. The article concludes that, regardless of the subject of the right of municipal property, democratic states provide guarantees for the management of municipal property for the benefit of the community; attention is paid to objects that are in permanent exploitation by residents of communes. The author note the direct link between the powers of local governments, the interests and needs of the community and municipal property. Functional delineation of municipal property by local governments influences the decision to acquire, multiply and dispose of them. Local government real estate management in these countries draws attention to the object of management, goals and main purpose, basic decision-making principles, etc.

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