scholarly journals Restrictions on the Public Authority’s Right to Amend the Contributor Company Law (Comparative Study)

2021 ◽  
Vol 13 (2) ◽  
pp. 277-287
Author(s):  
Samah Jaafar Musa ◽  
Abhaar Hamid Habash
Keyword(s):  
Comparative Study ◽  
National Economy ◽  
Legal Regulation ◽  
Company Law ◽  
The Public ◽  
The Right

Legislations gives away, including comparative legislation the Egyptian and Lebanese the field for companies including contributed companies in taking all what it deems appropriate of its own affairs, especially when the company goes through circumstances that require its process quickly and directly, provided that the company doesn't harm its interests if it does so including the interests of the country and it's partners and those who involved with it, therefore, the comparative legislation restricted the company to some of the restrictions mentioned in clear texts, accordingly the study of this research came in order to find out what may happen to the company of cases, and what are these cases and the restrictions of it's cases. For that the research abstracted to the foundation of legal regulation in the Egyptian and Lebanese legislations, recapture the company at the amendment and it's restrictions that have been considered the rights of contributory and those dealing with it from others, but this regulation contains some of ambiguity specially concerning of the rights and obligations of the companies contributory, in time that there is no foundation for such texts at Iraqi legislation. So we call the Iraqi legislator to restrict the right of contribution companies when amendment it's contract or it's order at clear texts that effect on the company then on national economy because these companies considered one of the best businesses supporting the economy companies and for every one who contributed and dealt with it.

scholarly journals Silent Company Legal Regulation in the Republic of Macedonia

2020 ◽  
Vol 8 (1) ◽  
pp. 73
Author(s):  
Ljupcho Petkukeski ◽  
Marko Andonov ◽  
Maja Stefkova Shterieva ◽  
Ljubomir Miodrag Radenkov
Keyword(s):  
Competent Authority ◽  
Legal Regulation ◽  
Third Parties ◽  
Company Law ◽  
Legal Personality ◽  
The Public ◽  
Trading Company ◽  
Republic Of Macedonia ◽  
The Republic ◽  
The Right

A silent company is a company in which a person (a sleeping partner) invests, i.e. participates with a cash or non-cash contribution in the enterprise of another person - the entrepreneur - a public shareholder and on the basis of the contribution acquires the right to participate in the profit and loss share of the enterprise. This company is created by concluding an agreement between the silent and the public shareholder.The silent company is not a trading company in compliance with the macedonian Company law. This company has no legal personality and no company name. It exists only in the relations between the sleeping partner and the entrepreneur - the public shareholder, and it does not appear in the legal relations with third parties. This company is not registered in the registrar of companies that is managed by a competent authority. The entrepreneur is the subject who acts in the legal relations with third parties and is an exclusive holder of all rights and obligations that arise from the business operation.Most commonly this type of company is used to implement business operations that are intended to stay hidden from the public. Reasons like the legal simplicity in the establishment of the company, the wide flexibility in arranging the relations between the public and the sleeping partner, the possibility of an easier way of financing the enterprise, the possibility of securing profits through a secret (silent) investment, make the silent company one of the good forms for successful realization of the business enterprise of the entrepreneur, on the one hand, and on the other hand it serves to satisfy the interest of the secret (silent) investor in a way that his investment will be hidden away from the general public.The main goal of this paper is to present and clarify the legal bases of the silent company in the Republic of Macedonia, to encourage the need for its re-regulation in the legislation of the Republic of Macedonia, as well as to indicate its advantages or weaknesses within the realization of the business operation.

Collective conflict in the public sector in France

2002 ◽  
Vol 8 (4) ◽  
pp. 688-700
Author(s):  
Marie-Armelle Souriac
Keyword(s):  
Public Sector ◽  
Collective Action ◽  
Collective Bargaining ◽  
Legal Regulation ◽  
Public Enterprises ◽  
Roles And Responsibilities ◽  
The Public ◽  
The Future ◽  
The Government ◽  
The Right

The right to strike has been recognised in France, even as a right guaranteed by the Constitution, since 1946. Strikes in the public sector are subject to specific legal regulation, including requirements for minimum notice periods and, in some circumstances, minimum service requirements. This contribution examines these special legal features of public-sector strikes. It is necessary to clarify the respective roles and responsibilities of the management of public enterprises (or administrative authorities) and the government. The article also considers alternative (and new) forms of collective action and agreements. In the future there may well be even greater scope for the regulation of strikes to be covered by collective bargaining.

Public Servitudes for the Certain Types of Facilities Placing: Towards a Discussion on Public Interest Presence

2021 ◽  
Author(s):  
A.P. Ushakova ◽  
Keyword(s):  
Public Interest ◽  
Legal Regulation ◽  
Public Law ◽  
Point Of View ◽  
Private Interest ◽  
Public Interests ◽  
The Public ◽  
Private Interests ◽  
Arbitrary Decision ◽  
The Right

From the standpoint of the dominant interest criterion the article examines the justification of the legislator`s decision to apply public law methods in order to regulate relations concerning the use of land for infrastructural facilities placing. The author gives the arguments in favor of understanding the public interest as the interest of the whole society as a system, rather than the interest of an indefinite range of persons or the majority of the population. The author concludes that there is the simultaneous presence in the specified legal relations and private interests of the participants of legal relations, and public interests of society as a system. Both types of interests in these legal relations are important, but in terms of different aspects of the legal impact mechanism. Public interest is important because its realization is the purpose of legal regulation of this type of legal relations, from this point of view it acts as a dominant interest. The private interest of the holder of a public servitude is important as an incentive to attract the efforts of private individuals to achieve a publicly significant goal. The private interest of a land plot owner is important from the point of view of securing the right of ownership. It is substantiated that the public servitude is not an arbitrary decision of the legislator, but an example of application of the incentive method in the land law, which provides a favorable legal regime for a socially useful activity.

scholarly journals The right to information about the activities of public authorities: certain theoretical and legal aspects

2021 ◽  
pp. 9-14
Author(s):  
Alla IVANOVSKA ◽  
Olena HALUS ◽  
Iryna RYZHUK
Keyword(s):  
Active Form ◽  
Relevant Information ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Access To Information ◽  
Public Authorities ◽  
The Public ◽  
Democratic State ◽  
Right To Information ◽  
The Right

It is found that the right to information about the activities of public authorities is linked to the more general constitutional right of everyone to freely collect, store and disseminate information in any lawful manner. The analyzed law is subject to international and domestic rules governing the right of access to information in general. At the same time, this right is regulated in great detail by special regulations that establish additional guarantees. An important guarantee that ensures the realization of the right of citizens to information about the activities of public authorities is the principle of transparency, which applies in many democracies around the world. The principle of transparency is manifested, firstly, in the fact that public authorities are obliged to inform the public about their activities, and secondly, every member of society has the appropriate right to receive such information, and the level of access to information about activities of public authorities is very important. Forms of exercising the right to information about the activities of public authorities, taking into account the peculiarities of legal regulation, are divided into passive and active. The passive form presupposes that the citizen himself gets acquainted with the information about the activity of the public authority, which duty is to make it public. An active form of exercising this right involves direct appeals of citizens or their groups to public authorities with requests to provide relevant information. It is concluded that ensuring the exercise of the right to information about the activities of public authorities is the key to building a democratic state governed by the rule of law and relies on public authorities, which are obliged to create all conditions for public participation in the adoption of legal acts by these bodies and to provide adequate access to complete and objective information about their activities.

To a question on understanding of a principle of action of the right

2014 ◽  
Vol 2 (3) ◽  
pp. 116-127
Author(s):  
Валерий Протасов ◽  
Valeriy Protasov
Keyword(s):  
Mechanism Of Action ◽  
Public Attitudes ◽  
Legal Regulation ◽  
The Public ◽  
Subject And Object ◽  
The Right ◽  
Philosophical Understanding

The author attempts to reveal and describe the principle, the mechanism of action of law and presents the philosophical understanding of concepts "principle", "attitude ("relation"), and "structure". The methodological background of research of the principle of the right is analyzed. The article reveals the features of the public attitudes (relations), the characteristics of a subject and object of legal regulation.

scholarly journals On interaction between prosecutors and specialists in the exercise of powers to detect violations of laws outside the criminal law sphere

2021 ◽  
pp. 49-57
Author(s):  
Darina Viktorovna Kocheva
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Social Life ◽  
Legal Status ◽  
Law Enforcement Officers ◽  
Practical Experience ◽  
Legal Regulation ◽  
Policy Makers ◽  
The Public ◽  
The Right

The subject of this research is the public relations established in exercising of such a power by the prosecutor on detection of violations of laws outside the criminal law sphere as the right to demand from the policy makers and other officials “supervised” to the prosecutor's office the allocation of specialists. Findings of the experts in the material form are in demand among the law enforcement officers in different spheres of social life, including due to their evidentiary potential. The relevance of this research is defined by the fact that the scholars and practicing legal experts have accumulated a range of questions to the legal status of a specialist in the Russian legislation, which also pertains to the prosecutor's activity. The novelty consists in the author’s substantiation of the need to improve legal regulation of the corresponding legal relations based on comparison of the norms that regulate the mechanism of cooperation between specialists and prosecutors in supervision by the latter of compliance with laws, rights and freedoms of human and citizens, analysis of theoretical groundwork on the topic, and personal practical experience in the prosecutor's office. The article reveals the gaps in the existing legal regulation. This work may be valuable for the practitioners of the prosecutor's office, as well as bodies “supervised” to the prosecutor's office, scholars in the area of prosecutor's activity, legal experts, students, and postgraduates.

scholarly journals Improving of legal regulation of trade secrets in the Republic of Uzbekistan

2020 ◽  
Vol 1 (2) ◽  
pp. 260-269
Author(s):  
Nargiza Raimova
Keyword(s):  
Social Economic ◽  
Legal Regulation ◽  
Modern World ◽  
Trade Secrets ◽  
Economic Activities ◽  
Confidential Information ◽  
The Public ◽  
Wide Range ◽  
The Republic ◽  
The Right

Information, exactly confidential information, is the most important component of the development of society in formative modern world.  The current civil society is gradually turning from an informed to the information, so we can fearlessly say that the 21th century is considered to be the age of information. Information is a very important and necessary element of any activity of man, society and the state in the public, social-economic and political spheres. It is noted in the article that the problems related to the fact that the legislation provides a wide range of powers by government organs in the different tests that may affect the interests of sensitive enterprise because unset concrete facets of government intervention in economic activities of enterprises considered painful for entrepreneurs in many countries. It is concluded that the commercial valuable information is the right of every establishment for keeping secretness of it's industrial, commercial and financial operations, as well as proper documentation. It presents great interest in securing a wide range of problems related to those which information belong to a commercial secrets, as far as possible lifts the curtain for partners, competitors, government organs not to cause adverse effects on its business. Based on the study of foreign experience and scientific and theoretical views, ways to improve legislation in the field of regulation of confidential information were investigated. Based on the results of the analysis, relevant conclusions were drawn and proposals were developed for the current legislation

scholarly journals European experience of legal regulation of anti-corruption issues in the public sector

2020 ◽  
Vol 5 (5) ◽  
pp. 236-244
Author(s):  
Nataliia Slotvinska
Keyword(s):  
Public Sector ◽  
Social Life ◽  
Codes Of Conduct ◽  
Legal Regulation ◽  
Public Confidence ◽  
Public Authorities ◽  
The Public ◽  
Official Position ◽  
Course Of Action ◽  
The Right

Elimination, neutralization or restriction of the social preconditions of corruption requires systemic changes in the main spheres of social life, first of all in the functioning of public authorities. Because corruption is a phenomenon associated with the abuse of certain opportunities provided by certain posts or official position of persons authorized to perform state functions, it is traditionally believed that anti-corruption measures should be aimed primarily at such persons. Public confidence and public accountability play an important role in preventing corruption. Preventing and combating corruption cannot be effective without preventive measures in the public sector, an area where those authorized to represent the state perform their professional duties. UN anti-corruption standards in the public sphere provide for the implementation of a set of measures aimed at preventing the commission of corruption offenses. These are, first of all, the require-ments for public officials to carry out their activities on an ethical basis, which can be established in special codes of conduct that help persons performing public functions to choose the right course of action in a situation where there is a high risk of corruption.

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