International Cooperation Combating Financial Proceeds of Crime

The flow of illicit capital, into the financial circles of various states, is a serious threat to global security. To this end, an important part of the strategy to combat criminal proceeds is the coordination of work between states. Expanding investigative capacity across national borders is seen as an important factor in the success of the fight against crime. The exchange of information, between law enforcement agencies in different states, is one of the most effective policies for financial investigations aimed at tracking the proceeds of crime. This case, should be approciated in two aspects. On the one hand, it is necessary to adopt direct and at the same time joint interventions, to detect and monitor the movement of money or capital outside their borders. On the other hand, the conditions must be provided for an appropriate use of information and without hindering the movement of legal capital. The necessity of a common criminal policy, to deprive criminals of the proceeds of crime and the instruments for their commission, is clearly emphasized by international acts in this field. They encourage the widest possible cooperation between states for the purpose of investigating and prosecuting criminal assets.

Ukrainian Soviet agents of change: the socio-historical context of capital transformation

In the context of socio-political transformations fundamentally significant collective actors, whose activities were, incl. quite significant social and legal burden, there were corresponding so-called agents of changes. The article sets the goal of sociologically reconstructing the transformation of the symbolic capital of Ukrainian dissidents into social capital within the framework of the social and legal context in the USSR and in independent Ukraine. A significant feature of the Ukrainian dimension of the dissident movement, which is considered in the corresponding socio-legal field in the categories of agents of changes, is, first of all, that it began with an examination of the general problems of the legitimacy of Soviet power, first of all in the focus of the search for legitimate prerequisites and necessary constitutional and procedural mechanisms for Ukraine's secession from the USSR and its independence. Another key socio-legal dimension of the activities of Ukrainian dissidents was human rights issues. Thus, in the process of its formation and development, the dissident movement itself became the reason for the delegitimation of the Soviet regime, primarily in terms of its violation of the declared norms of the Constitution and fundamental social rights and political freedoms. In turn, moral authority and the social and legal capital based on it significantly influenced the fact that in the process of Ukraine's independence, former dissidents became the socio-political nucleus that initiated and developed fundamentally significant political and legal documents, such as the Declaration on State Sovereignty of Ukraine and the act of proclaiming the independence of Ukraine, as well as the Constitution and laws of Ukraine based on them.

Converting debt into equity in private limited companies in Thailand

Purpose The purpose of this paper is to critically examine the prohibition on debt-to-equity conversions for private limited companies in Thailand, resulting from an interpretation of Section 1119 of the Thai Civil and Commercial Code (TCCC) adopted by academics and the regulator. Design/methodology/approach This paper critically examines the interpretation of Section 1119 of the TCCC made by academics, the Thai Supreme Court and the regulator. Taking an approach, which draws on debate in the EU over the past two decades, this paper presents a new understanding of the rules relating to legal capital in Thailand. This new understanding is applied to challenge the orthodox interpretation of Section 1119. Findings The interpretation proposed by this paper is that debt-to-equity conversions may be permitted when viewed as shares issued in return for payment in kind. This proposed interpretation is consistent with existing Thai Supreme Court jurisprudence. In addition, a close reading of the provision, further supported by a historical investigation into the legislative drafting process, reveals that it reflects the original intention behind this provision. Originality/value This paper presents a view of Thai legal capital rules, which challenges the orthodox understanding of their nature, purpose and categorisation. Furthermore, the proposed interpretation of Section 1119 of the TCCC, if adopted by the regulator, would permit Thai private limited companies to engage in debt-to-equity swaps without further legislative intervention.

Legal Capital of Enterprise under tha laws of Viet Nam

It can be said that business investment capital is always the most important requirement for investors to enter the market that developing countries in the market economy like Vietnam cannot ignore. But the question is how much minimum capital threshold to allow investors to enter the market is not a simple issue that many countries' business laws must consider to make appropriate adjustments.

Operation Varsity Blues: Disguising the legal capital exchanges and white property interests in athletic admissions

“Operation Varsity Blues” (OVB) indicted coaches and administrators from eight universities for accepting bribes in exchange for admitting fraudulent athletes. As part of the conspiracy parents paid university officials to admit students with little-to-no sport experience as college athletes. Court filings in the case contrasted OVB to the legal process of athletic recruitment and admission in which universities set different criteria to admit those with athletic talent (Smith, 2019a). This conceptual article cautions against such a contrast. Using Harris’ (1993) whiteness as property, Bourdieu’s (2011) capital exchange theory, and findings from my research into athletic recruitment and admission, I examine how OVB closely resembles current athletic admissions practices that provide a legal pathway to college that privileges white, elite communities.