On the differences in the fundamentals of legal regulation of external and internal state financial control

2021 ◽  
pp. 72-90
Author(s):  
Anton Vyacheslavovich Abrosimov
Keyword(s):  
Public Relations ◽  
Legal Status ◽  
Internal State ◽  
Legal Regulation ◽  
Financial Control ◽  
Complex Nature ◽  
State Control ◽  
Policy Document ◽  
History Of

This article analyzes the differences in the fundamentals of legal regulation of internal and external state financial control, as well as the legal status of branches exercising internal and external state control in the financial and budgetary sphere. The goal of this article consists in the comprehensive analysis of their legal regulation to answer the question on the possibility of unification of the norms of financial control in a single normative legal act, as well as on the need for systematization of the theoretical framework in this sphere within the framework of any policy document. Analysis is conducted on the specific aspects characteristic to legal regulation of external and internal state financial control, as well as on the peculiarities of the history of their development. The article examines the role of international institutions in creation of legal regulation in the indicated sphere of public relations. The scientific novelty consists in consideration of the key features of internal and external state financial control, as well as the corresponding conceptual apparatus for the purpose of systematization of their legal regulation. The conclusion is made on the possibility of systematization of financial control; however, due to the complex nature of financial law and substantial differences in different spheres of financial relations and exercising of different types of financial control, such systematization should take place not within the framework of law, but rather within the framework of policy document. The author believes that namely the creation of the concept for the development of financial control is the preferential way for unification of the  conceptual framework, as well as the main methods of regulation and organization of financial control.

scholarly journals THE INSTITUTE OF VILLAGE ELDERS IN CHUVASHIA: HISTORY OF FORMATION AND ACTIVITY

2021 ◽  
Vol 2 (2) ◽  
pp. 58-68
Author(s):  
Valentina G. Kharitonova
Keyword(s):  
Rural Areas ◽  
Legal Status ◽  
Legal Regulation ◽  
The State ◽  
History Of ◽  
The Republic ◽  
Regional Authorities ◽  
Village Elders ◽  
The Village

The article deals with the issues concerning formation of the institute of the elders and the role of village elders in the functioning of the local government system in modern Chuvashia. For a region where the share of rural population in the total population is quite high, the study of this topic is in demand. The article briefly covers the main aspects in the development of the rural community and the state policy in rural areas. The analysis of this topic coverage in domestic and regional historiography is carried out. The main attention is paid to the history of forming the institute of village elders, the characteristics of the legal status and functions of village elders, and the main forms of their activities are shown. The village elders and organization of their activities in the 1990s were caused by the need to represent the interests of the population in the authorities of different levels. At the first stages, their functioning was initiated by the residents of villages themselves. Subsequently, the regional authorities and municipalities also began to deal with the organization and legal regulation of village elders’ activities. Legislative formalisation of village elders’ institute at the state and regional level took place in 2018. The practical activities of Chuvashia village elders cover most issues of developing and improving rural territories, they are the main assistants of local authorities and guarantee of public territorial self-government in rural areas. At the same time, alienation of rural residents from solving issues of rural society was noted, for this purpose, the materials of a sociological population survey were used. It is shown that formation of the institute of elders and regulation of their activities in the republic took place on the basis of rural elders’ practical work, the analysis of the experience of interaction with local self-government bodies and taking into account the experience of other regions. At present stage, interaction with the republican authorities at various levels is being improved. The empirical basis of the article is made up of official documents, legislative acts, media materials, and the results of public surveys.

scholarly journals The Main Stages in the Development of Financial Control in the Securities Market of Japan

2021 ◽  
Vol 16 (10) ◽  
pp. 20-27
Author(s):  
K. A. Karpov
Keyword(s):  
Stock Market ◽  
Financial Services ◽  
Legal Status ◽  
Legal Regulation ◽  
Securities Market ◽  
Financial Control ◽  
Positive Experience ◽  
Financial Flows ◽  
The Right

A securities market plays an important role in the distribution of financial flows. In connection with the  insufficient development of the stock market in our country, the author considers it is appropriate to refer to the  experience of financial and legal regulation of the relations under consideration in foreign jurisdictions. The paper  is devoted to the genesis of financial control over activities in the Japanese stock market. The author identifies  three periods. Attention is paid to the main state bodies, as well as self-regulatory organizations exercising financial  control in this area, their legal status, powers, etc. In addition, the paper examines the positive experience of Japan  in the field of financial and legal regulation of the cryptocurrency market. The paper analyzes the powers of the  Financial Services Agency to carry out the relevant functions, as well as the role of self-regulatory organizations  that have the right to exercise control over cryptocurrency exchanges and prosecute violators of the laws.

The Rise and Fall of the French Agences de l’Eau: From German-Type Subsidiarität to State Control

2018 ◽  
Vol 04 (03) ◽  
pp. 1850013 ◽  
Author(s):  
Bernard O. Barraqué ◽  
Patrick Laigneau ◽  
Rosa Maria Formiga-Johnsson
Keyword(s):  
River Basin ◽  
River Basin Management ◽  
State Control ◽  
Integrated Water Management ◽  
Water Users ◽  
Basin Scale ◽  
History Of ◽  
Definition Of ◽  
Administrative Elites

The Agences de l’eau (Water Agencies) are well known abroad as the French attempt to develop integrated water management at river basin scale through the implementation of the Polluter Pays Principle (PPP). Yet, after 30 years of existence, environmental economists became aware that they were not implementing the PPP, and therefore were not aiming at reducing pollution through economic efficiency. Behind the purported success story, which still attracts visitors from abroad, a crisis has been recently growing. Initially based on the model of the German (rather than Dutch) waterboards, the French system always remained fragile and quasi-unconstitutional. It failed to choose between two legal, economic and institutional conceptions of river basin management. These principles differ on the definition of the PPP, and on the role of levies paid by water users. After presenting these two contrasting visions, the paper revisits the history of the French Agences, to show that, unwilling to modify the Constitution to make room for specific institutions to manage common pool resources, Parliament and administrative elites brought the system to levels of complexity and incoherence which might doom the experiment.

scholarly journals Legal status of subjects carrying out independent financial control in Ukraine

2019 ◽  
Author(s):  
O. Dmytryk
Keyword(s):  
Financial Reporting ◽  
Legal Status ◽  
Legal Regulation ◽  
Professional Organization ◽  
Financial Control ◽  
Financial Policy ◽  
Successful Implementation ◽  
Main Body ◽  
Professional Self ◽  
Definition Of

Problem setting. The importance of financial control in the formation of market relations is significantly increasing, because such control contributes to the successful implementation of the financial policy of the state, ensuring the proper formation, distribution (redistribution) and the use of funds accumulated in public funds. In addition, it should be noted that financial control is a means of regulating economic activity. In this context, legal support for financial control is of great importance. Independent financial control is a form of non-governmental financial control that can be exercised by specialized organizations – audit firms or auditors. It is significant that Ukraine recently adopted a law regulating the procedure for auditing and conducting financial audits. It is the Law of Ukraine “On Audit of Financial Reporting and Auditing” № 2258-VIII of December 21. 2017, which came into force on 1 October. 2018. Analysis of recent researches and publications. We emphasize that the study of the concept of “financial control”, the definition of its types, forms and methods, as well as the legal status of the entities that carry it out, were engaged in the following scientists: L. K. Voronova, О. P. Hetmanets, T. A. Zhadan, M. P. Kucheryavenko, P. P. Latkovsky, Yu. A. Mandrychenko, L. A. Savchenko and others. However, changes in the legal regulation of financial control, issues related to the consolidation of the legal status of entities exercising independent financial control need to be examined in detail. Therefore, the purpose of the article is to analyze the legal status of entities exercising independent financial control in Ukraine. Article’s main body. In the article the author reveals the peculiarities of the legal status of the Audit Chamber of Ukraine as a subject of independent financial control in Ukraine. Іt can be stated that the Audit Chamber of Ukraine, which is a professional organization, is a direct participant in the relations related to the organization and implementation of independent financial control, in particular, audit control. Given the compulsory nature of acquiring membership in the AСU, the statutory purpose and activities of this organization, this organization can not be considered public. Conclusions and prospects for the development. It is stated that the legal status of the specified entity is characterized by a certain multidimensionality. In particular, the Audit Chamber of Ukraine is a professional, self-regulatory organization that is authorized to perform public functions and is managed through specially created bodies. The above shows that the current legislation of Ukraine reflects a new approach to the regulation of independent financial control, in particular by defining the powers, rights and duties of the Audit Chamber of Ukraine.

scholarly journals FEATURES OF JUDICIAL CASES INVOLVING WOMEN IN THE FATIMID CALIPHATE IN THE 10TH–12TH CENTURIES (historical and legal analysis)

2020 ◽  
pp. 249-253
Author(s):  
Faridun Z. Zavurbekov
Keyword(s):  
Legal Status ◽  
Negative Attitude ◽  
Special Role ◽  
Legal Analysis ◽  
Criminal Cases ◽  
Judicial Process ◽  
Judicial Practice ◽  
Marriage Contract ◽  
History Of

The article deals with the rights of women in the Fatimid Caliphate (10th to 12th centuries) by analysing the judicial practice of the time, the decisions of the Sharia and Mazalim courts. The author focuses on the legal status of women in the sphere of marriage, family and criminal law in the Ismaili tradition. Historical-legal and comparative-legal methods are used in the analysis of sources. The study begins with a short digression into the history of the Fatimid Caliphate. The features of the judicial system, the role of the cadi and its competence are described. There are a number of court cases, one of the parties to which was a woman. Based on the analysis, the author makes a conclusion about the specifi city of the Fatimid approach to marriage, in comparison with the Sunni and Imamite legal schools. The special role of guardians at the conclusion of the marriage contract and restriction of freedom of its termination is noted. Attention is drawn to the fact of extremely negative attitude to marriage between Muslim women and representatives of other religious movements, as well as to such an institution of family law as temporary marriage, legalised in the Imamite school of law. The fi nal part deals with criminal cases in which a woman is both the victim and the accused. Based on these precedents, it is a non-trivial conclusion that the judges of the Fatimid Caliphate did not always rely on Sharia norms when making decisions against women, which is completely atypical for Muslim traditions in general. At the same time, any crimes against this group of the population were punished rather severely. Particular attention is drawn to the state’s approach to women plaintiffs, depending on the degree of their personal participation in the judicial process.

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.

scholarly journals THE PLACE OF ADMINISTRATIVE LAW STANDARDS IN THE LEGAL SYSTEM PRINCIPLES OF INTERACTION OF JUDICIAL EXPERT INSTITUTIONS WITH LAW ENFORCEMENT AUTHORITIES

2020 ◽  
pp. 258-264
Author(s):  
А. О. Полянський
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Administrative Law ◽  
Legal Basis ◽  
Law Enforcement Agencies ◽  
Legal Principles ◽  
Forensic Institutions ◽  
The Impact

The relevance of the article is that the effectiveness and efficiency of interaction between forensic agencies and law enforcement agencies depends on many factors, one of which is a properly "constructed" system of legal acts. At the same time, the special nature of the interaction of these entities, the attraction of its content to the administrative and legal sphere, as well as the specifics of forensic institutions and law enforcement agencies in general necessitates a detailed review of legal principles in this area and determining the place of administrative and legal regulation. The purpose of the article is to establish a system of legal bases for the interaction of forensic institutions with law enforcement agencies, as well as to determine the place of administrative and legal regulation among them. It is established that the legal basis of interaction of forensic institutions with law enforcement agencies is a system of regulations and their provisions governing the legal status of forensic institutions and law enforcement agencies, as well as the content and procedure of interaction of these entities. It is proved that administrative-legal regulation is a type of branch of the general-legal category of legal regulation, which occurs with the help of administrative law and determines the impact of law on public relations of a special nature arising from the activities of public administration. That is, we are talking about the relationship of power and management influence that prevails in the work of public authorities, local governments and so on. This is a purposeful, comprehensive, streamlining impact of law on public relations in the sphere of government, which occurs through the rules of administrative law, which are part of the system of legal principles outlined above. It is emphasized that the legal basis for the interaction of forensic institutions and law enforcement agencies have an administrative and legal basis, which is expressed in a large number of rules of administrative law, enshrined in regulations of various legal force. This situation is due to the fact that the norms of this branch of law determine: the administrative and legal status of forensic institutions and law enforcement agencies; functions, powers and tasks assigned to law enforcement agencies and forensic institutions; mechanisms of interaction of forensic institutions and law enforcement agencies in performing their functions defined by law; organizational and practical goals of this interaction; etc.

scholarly journals The History of the Development of the French Laws on Criminal Liability of Legal Entities

2018 ◽  
Vol 1 ◽  
pp. 46-56
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Mikhail V. Krichevtsev ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Economic Crime ◽  
Penal Code ◽  
Criminal Prosecution ◽  
History Of ◽  
The Law ◽  
Legal Entities

The article reviews the history of development of French laws on criminal liability of legal entities. The authors note that the institution of criminal liability of legal entities (collective criminal liability) dates back to the ancient times and has been forming in the French territory for a long time. Initially, it was established in the acts on collective liability residents of certain territories, in particular, in the laws of the Salian Franks. This institution was inherited from the Franks by the law of the medieval France, and got transferred from the medieval period to the French criminal law of the modern period. The article reviews the laws of King Louis XIV as an example of establishment of collective criminal liability: the Criminal Ordinance of 1670 and the Ordinances on Combating Vagrancy and Goods Smuggling of 1706 and 1711. For the first time ever, one can study the Russian translation of the collective criminal liability provisions of the said laws. The authors state that although the legal traditions of collective liability establishment were interrupted by the transformations caused by the French Revolution of 1789 to 1794, criminal liability of legal entities remained in Article 428 of the French Penal Code of 1810 as a remnant of the past and was abolished only as late as in 1957. The publication draws attention to the fact that the criminal law codification process was not finished in France, and some laws stipulating criminal liability of legal entities were in effect in addition to the French Penal Code of 1810: the Law on the Separation of Church and State of December 9, 1905; the Law of January 14, 1933; the Law on Maritime Trade of July 19, 1934; the Ordinance on Criminal Prosecution of the Press Institutions Cooperating with Enemies during World War II of May 5, 1945. The authors describe the role of the Nuremberg Trials and the documents of the Council of Europe in the establishment of the French laws on criminal liability of legal entities, in particular, Resolution (77) 28 On the Contribution of Criminal Law to the Protection of the Environment, Recommendation No. R (81) 12 On Economic Crime, the Recommendation No. R (82) 15 On the Role of Criminal Law in Consumer Protection and Recommendation No. (88) 18 of the Committee of Ministers to Member States Concerning Liability of Enterprises Having Legal Personality for Offences Committed in the Exercise of Their Activities. The authors conclude that the introduction of the institution of criminal liability of legal entities is based on objective conditions and that research of the history of establishment of the laws on collective liability is of great importance for understanding of the modern legal regulation of the issues of criminal liability of legal entities.

scholarly journals Multinational (Transnational) Companies as Subjects of Public International Law // Multinacionalne (transnacionalne) kompanije kao subjekti međunarodnog javnog prava

2017 ◽  
Vol 7 (7) ◽  
pp. 110
Author(s):  
Boris Krivokapić
Keyword(s):  
International Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Multinational Companies ◽  
Legal Capacity ◽  
Legal Personality ◽  
Transnational Companies ◽  
The One ◽  
International Legal Personality

The paper deals with international legal status of multinational (transnational) companies. The first part gives an overview of this entities and the specifics of their role in the modern world.In the second part, the author deals with the elements of international legal personality of multinational (transnational) companies. Such as international legal regulation of the position of these entities, their specific rights and obligations under international law, international responsibility, process subjectivity before certain international judicial bodies and the special relationship (partnership) with international organizations. It should be added that not only that international law acknowledges their existence, but also multinational companies themselves at least in part influence the development of that law.In the concluding remarks the author notes that multinational (transnational) companies do not have all the elements of a full international personality, the one that is inherent to states. However, even if not complete their personality is beyond doubt. Although between them, depending on the case, there are major differences, there is no dispute that, from the perspective of international law, at least some multinational companies have the legal capacity (the ability to be the holder of a larger or smaller circle of rights and obligations established by international law), legal capacity (the ability to conclude international agreements, create international custom, etc.), tort capacity (the ability to provide for the legal bears responsibility for violating the norms of international law), process capability (active and passive legitimacy before some international courts), etc. In all likelihood, along with the expected further strengthening of the economic, but also political and every other power and role of the companies themselves, their international personality will also become more and more developed, At one point this will require global (universal) agreement which would precisely define rights, but, in particular, the duties and responsibilities of these entities.

scholarly journals Problems of improving conceptual apparatus in the field of protection and use of natural medicinal resources, medical and recreational areas and resorts

2019 ◽  
pp. 186-194
Author(s):  
N. G. Zhavoronkova ◽  
G. V. Vypkhanova
Keyword(s):  
Natural Resources ◽  
Legal Status ◽  
Legal Regulation ◽  
Complex Nature ◽  
Economic Relations ◽  
Conceptual Apparatus ◽  
Provision Of Services ◽  
Ecological Relations ◽  
Legal Concepts

The paper contains an analysis of theoretical problems associated with the conceptual apparatus in the sanatorium and resort sphere. They are largely due to the complex nature of the legal regulation of relations on the use and protection of natural medicinal resources, medical and recreational areas and resorts by the norms of legislation on public health, civil, urban planning, environmental, land and other branches of legislation. Accordingly, the assessment of legal concepts should cover the sphere of regulation of natural resource relations related to the use of natural resources for therapeutic and recreational purposes; the provision of services, the implementation of sanatorium-resort activities as an integral part of health and socio-economic relations; territorial (spatial) development of resort areas, medical and recreational areas; ecological relations due to the classification of such areas as specially protected. In the study of basic concepts — «health-improving terrain», «resort» — their characteristics such as «curative», «preventive», «wellness» are examined, contradictions in legislation are revealed, the necessity of expanding the criteria that are the basis for imparting with therapeutic natural resources, the corresponding legal status is justified. The necessity of expanding the terms and concepts related to the resort sphere — «resort infrastructure», «resort infrastructure user», «accommodation object», etc. is shown. The authors justify other proposals in the context of recent legislative initiatives in this area.

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