Employee Stock Ownership in Morocco

Today, the notion of social interest occupies an essential place in legal science. For a long time limited to the shareholders' own interests, today a large part of the legal doctrine insists on the necessity to take into consideration all the interests that contribute to the prosperity of the company, such as its employees, its suppliers, its customers. This is the sense in which the current debate on corporate governance and CSR (corporate social responsibility) is heading. In the context of this study, attention will be focused on the case of the employee. How does one take into consideration the interest of the latter in the company? Both forms of involvement are important, but the authors limit themselves to the second one, namely employee stock ownership.

Obowiązek rejestracji prasy a postęp technologiczny

The aim of the article is to show the evolution of the requirements related to publishing the press and to define the directions of new legal changes. The current regulations are inadequate to the contemporary realities of the media market and communication possibilities. The obligation to register the press can be seen as a relaxed follow-up to the authoritarian or totalitarian regimes’ requirement to obtain a license to publish a journal or a periodical. Press registration would be a democratic alternative to obtaining a press license only if certain values supported it, including the interests of other persons and entities. Currently, such interests are secured by other regulations. The considerations of the courts and legal science focus on the possible contradiction of the current regulation on the registration of newspapers and magazines with the constitutional ban on licensing the press. However, it should be taken into account to a greater extent that the dissemination of the internet and computer hardware has made it more complicated to register a periodical than to start a simple press activity. Therefore, the obligation to register the press in its present form is unreasonable.

PROBLEMATIC ASPECTS OF IN HERITANCE OF INTELLECTUAL PROPERTY RIGHTS TO VARIOUS WORKS OF SCIENCE, LITERATURE AND ART

Among the key problems of law enforcement practice and legal science in modern conditions is the problem of inheritance of intellectual rights to works of science, literature and art, the peculiarity of which is due to their intangible nature and the legal nature of the actual acceptance of the inheritance. The aim of the study is an objective assessment of the grounds for the inheritance of intellectual property rights, criteria for intellectual property rights to be inherited. The scientific novelty of the research lies in a comprehensive diagnosis of the powers of the heirs of intellectual rights, the content of the process of inheritance of intellectual rights to works of science, literature and art, identifying the differences between the circle of heirs by law and by will.

The concept and social essence of extremist crimes

The article actualizes the problem of understanding the concept of «extremism», which is due to the variety of research approaches that currently exist in legal science. The author draws attention to the need for an unambiguous interpretation of the phenomenon under consideration, especially in terms of the harmonization of international and domestic law, in order to increase the efficiency of law enforcement practice. An attempt is made to determine the social essence of extremist crimes.

ESSENCE, CONTENT AND SIGNIFICANCE OF LEGAL TECHNIQUE AS A LEGAL CATEGORY

The scientific article is devoted to the study of general theoretical aspects of the category “legal technique”, which is conditioned by the problem of the modern Ukrainian legislation improving and bringing it to conformity with the requirements of international standards. The author considered the issue of active development of the legal system of Ukraine, impact of the processes of globalization and integration on it, as well as renovation of the content of some state-legal phenomena, which actualizes the improvement of rule-making and law enforcement. Taking into account the analysis of the degree of efficiency and quality of legal technology in modern conditions, it should be noted that there is no sufficient scientific research of this issue by legal scholars in modern legal science. The problem of studying and analyzing the essence of legal technique is of great interest among scientists in different legal spheres and plays an important role in improving lawmaking in general. In connection with this, the issue of search for means of increasing the efficiency of legal activity is quite topical in modern legal science. The aim of the study is to analyze various aspects of legal technique in modern legal science and elicit problems of its improvement in the context of globalization and integration processes. It has been ascertained that legal technique plays an essential role in ensuring the effectiveness of law and strengthening legality. Complete and correct use of all means and methods based on elaborated rules of legal technique provides an accurate expression of the content of legal acts, their simplicity and possibility of their most rational use in practical work. The level of legal technique is one of the indicators of the level of legal culture in the country. The need for full and thorough use of legal technique, expressing the advanced experience of legislation and progressive recommendations of science, is an objective principle that allows one to avoid certain negative consequences, costs and shortcomings in the form of law.

Methodology of research of the constitutional and legal status of the Ukrainian people

The relevance of the topic “constitutional and legal status of the Ukrainian people” is seen, first of all, in the fact that the understanding of the Ukrainian people of their essence, their political and legal status, in the context of awareness of their own legal personality, principles, powers, guarantees, that is, certain elements included in the content of the constitutional and legal status at the present stage of development and development of Ukraine as a democratic, social and Legal country, is very important, appropriate and, for the political, legal and other systems of any country, system-forming. It should also be noted that this issue, despite its fundamentality and scientific prospects, is not sufficiently doctrinairely studied by Ukrainian scientists. This is due to many determinants, of which two factors are the most obvious. First, the dominance of doctrinal approaches in Ukrainian legal science, which did not recognise the existence of the constitutional and legal status of the Ukrainian people as a whole. It was considered that only individuals and legal entities can be granted legal status. Secondly, Ukrainian scientists have traditionally preferred to study established institutions, primarily direct democracy, which are directly regulated in Chapter III of the Constitution of Ukraine, that is, elections and referendums. The aim is to clarify the methodological basis for studying the constitutional and legal status of the Ukrainian people. Based on the obtained conclusions and generalisations, a methodological basis for studying the constitutional and legal status of the Ukrainian people has been developed

Properties of Criminal Procedure Presumptions

The process of proving has always been and today still is the central problem of criminal proceedings, and most aspects of modern criminal procedure activities are connected with it. The cognitive character of the proving process presupposes the use of multiple methods, the most complex and significant of which is the method of presuming. This method of legal technique is well represented in the Russian legislation. At the same time, legal science and the theory of criminal procedure law, which have multiple definitions of legal or lawful presumption reflecting various aspects of the concept under consideration, do not contain a unified approach to understanding its essence. This situation distorts the meaning of the definition of legal presumption and leads the situation when some authors and practicing lawyers use the word “presumption” to refer to legal norms that are not, in fact, legal presumptions. The authors describe the concept, meaning and key elements of the contents (features) of legal presumption as a method of legal technique that influenced the formation and development of modern Russian criminal procedure legislation.

Principles of Positivist Jurisprudence in the Teachings of Warsaw Lawyers of the First Third of the XIX Century

The article is devoted to the extremely rich and insufficiently studied heritage of Polish legal thought. The political and geographical determinants of the chosen research topic are the restoration of statehood in central Polish lands in 1807 (Duchy of Warsaw and the Kingdom of Poland) and the defeat of the November Uprising (1830-1831) followed by measures taken by the Russian authorities to limit the autonomy of the Kingdom of Poland. The intellectual milestones are the founding of the School of Law in 1807 (later the Faculty of Law of the University of Warsaw), and the closure of the University of Warsaw in 1831, as well as the significant emigration of scientists in the same year and the liquidation of the Society of Friends of Science in 1832. The intellectual milestones are also European (and first of all Central European) processes of legal thought evolution in the second half of the XVIII – first third of the XIX century, which led to the formation of the first and still insufficiently understood and studied positivism in jurisprudence, being a profound phenomenon that reveals the essence of positivism in legal thought in general. The study found that the basic principle of jurisprudence in the vision of most Warsaw scholars during the study period was its independence from a priori and metaphysical philosophizing, and vice versa, the formation of its own philosophical and legal discourse (philosophy of positive law) based on generalization and understanding of research results. It was recognized that legal science should be a fundamentally new system of legal knowledge – positivist and social. Recognizing the historical and modern pluralism of such an organization of knowledge, Warsaw scholars have unequivocally identified themselves with the Central European jurisprudence, the core of which is the German. Warsaw scholars believed that jurisprudence was based on historical, dogmatic and philosophical approaches. Accordingly, they considered three relatively separate areas of scientific knowledge, which together can be considered as a single legal science or a system of interrelated legal sciences. Depending on the emphasis in the views of scholars on the fundamental or applied side of legal science, this system was seen differently, as well as the subject of jurisprudence – universal or more national. It can be argued that this to some extent correlated with the predominance in the views of certain scholars of the principles of historical-philosophical or historical schools.