The trends of export activities development of small and medium enterprises: world experience and russian practice

The article analyzes the peculiarities of export activities of small and medium-sized businesses, shows the high involvement of companies belonging to small and medium-sized businesses (SMEs) in the high-tech sector. The contribution of SMEs to the creation of the value of a product/service through the introduction of innovations and their adaptation to different contexts by providing new or niche products that meet the diverse needs of customers is noted. Based on the analysis of the world practice of export activities of SMEs, the author concludes that SMEs can contribute to economic diversification and economic sustainability. This is especially true for resource-rich countries that are particularly sensitive to fluctuations in raw material prices. The emphasis is placed on the analysis of the export activity of Russian SMEs, an insignificant share of SMEs in the total volume of exports in comparison with other countries is highlighted. It is concluded that Russian small and medium-sized businesses are in the process of formation, which makes them vulnerable to the influence of both external and internal threats. It is shown what impact the COVID-19 pandemic had on SMEs. It was emphasized that the main problems for such companies were non-fulfillment of contractual obligations and a sharp decline in demand.

Prawo właściwe dla zobowiązań niewynikających z czynności prawnych w okresie Polskiej Rzeczpospolitej Ludowej

In the communist era, the law applicable to non-contractual obligations was regulated by two acts — the Private International Law of 1926 and the Private International Law of 1965, which dealt with the issue of the law applicable to obligations not arising out of legal action. The object of this study is to present the respective regulations in terms of determining this law. In particular, the author focuses on the analysis of two main connecting factors used at that time to determine the law applicable to non-contractual obligations, namely, the law of the place where the act giving rise to the non-contractual obligation was performed and the law of domicile. In the conclusion of the article the author assesses the solutions presented above from the point of view of both Polish and foreign doctrine.

Retroactivity in international treaty law

Problem setting. Due to the fact that the constitutional norms determine the status of an international treaty, the binding nature of which has been approved by the parliament as part of national legislation, it is important to study the temporal effect of international treaties, namely their retroactivity. In general, the Vienna Convention contains a provision according to which an international treaty has no retroactive effect in respect of the States which are parties to it, except where the intention to give retroactive effect to the treaty follows from the treaty itself or the agreements of its parties. These exceptions to the general rule indicate the non-absoluteness of the latter, so it is appropriate to study the factors that determine the existence of retroactive agreements, as well as controversial and controversial issues that arise in this regard. Analysis of recent researches and publications. Scholars such as S.N. Ivanov, RA Kalamkaryan, M.A. Kapustina, II Lukashuk, OV Pushnyak and others. However, this area needs further study and analysis, given the existence of exceptions to the general provision on the lack of retroactive effect of international agreements. Target of research. Тo consider the conditions under which an international treaty has retroactive effect, to investigate the factors influencing the decision to grant retroactive effect and the issues arising in connection with the retroactivity of international treaties. Article’s main body. This study examines the non-absoluteness of the provision on the absence of retroactive effect of international agreements. Among the reasons that encourage states to anticipate retroactive effect – the interpretive or additional nature of the international agreement or the need to resolve the situation that arose before its conclusion. It should be emphasized that some agreements have retroactive effect by virtue of their object, which provides this retroactive effect, as agreed by the parties, although not explicitly stated in the contract. It is also not uncommon for certain rights and obligations to arise not because of an international treaty that has not yet entered into force, but because of customary norms that are enshrined in it. Conclusions and prospects for the development. The principle of no retroactive effect of an international agreement is not absolute. In each case, the reasons for the application of retroactivity must be decided by a judicial authority in the process of interpreting the contractual obligations. An important role in the possibility of retroactive application of an international treaty is played by its object or the co-existing customary norms of international law and the principles recognized by civilized nations as binding.

The rights of the debtor in the preventive settlement procedure in the Saudi bankruptcy law: حقوق المدين في إجراء التسوية الوقائية في نظام الإفلاس السعودي

The Saudi bankruptcy law approved a set of rights for the debtor in each of its procedures, including the rights related to the preventive settlement procedure, and the aim of highlighting these rights is to contribute to preserving them, achieving justice, and avoiding harm to the side of the bankrupt debtor, especially since the organizers' interest in the bankruptcy law It is primarily concerned with the creditor's side, and how to obtain his rights from the debtor. In this research, the debtor’s rights contained in the provisions of the law relating to the preventive settlement procedure will be shed light and collected within this framework The research relied on the inductive and analytical approach, whereby the provisions of the Saudi bankruptcy law were extrapolated, then the rights of the debtor were extracted from its folds, and these rights were analyzed. The rights in this procedure are summarized as following: the right to request the debtor to initiate the procedure, to inform him of the date of consideration of the request, to request the suspension of claims during the procedure, to not claim debts other than the status during the procedure period, to maintain his contractual obligations, and to obtain financing. The research came out with a set of important results that reveal the comprehensiveness of the provisions of the Saudi bankruptcy law, its concern for the rights of all parties, including the debtor, as well as the expansion of the scope of application of the provisions of specific and spatial bankruptcy procedures, and the like The research also included a set of recommendations in which I saw addressing some observations during the analysis of these rights, such as not allowing the debtor to manage his activity during the period from the opening of the procedure, until the creditors have completed voting on the plan, as well as granting the creditor the right to demand the opening of the preventive settlement procedure, And not limiting this right to the debtor only, and so on.

OVERRIDING MANDATORY PROVISIONS IN CROATIAN PRIVATE INTERNATIONAL LAW

Overriding mandatory provisions are mandatory provisions that are applicable in situations with an international element. The author analyses overriding mandatory norms in the European private international law and in the Croatian national private international law. The definition of such norms provided in the 2017 Croatian Private International Law Act is almost a verbatim copy of the definition provided in the Rome I Regulation on the law applicable to contractual obligations. The 1982 Croatian Private International Law Act did not provide for a definition of overriding mandatory norms but it was uniformly accepted in the scholarly interpretations that those types of mandatory norms were accepted by the Croatian private international law system. Moreover, the 1982 PIL Act included a substantive family law provision, which was, in essence, an overriding mandatory provision. However, Croatian courts and practitioners have been reluctant to refer explicitly to an applied norm as an overriding mandatory one. The reasons behind that might be that that the courts were better acquainted with the public policy exception, since public policy was explicitly mentioned in the 1982 PIL Act, as well as in some other legal acts. In addition, the legislator does not explicitly note that a provision is an overriding mandatory one in the provision itself, which leads to the outcome that the courts and other practitioners are burdened with a complex task of interpretation of a provision they think might be an overriding mandatory one. The author aims at providing guidelines to facilitate that task.

Changes in New Private Law of the Czech Republic and Implementation of Basel III

Competition in the financial market puts currently new requirements for cost reduction on financial institutions. Available sources of cost reduction are seen i.a. in minimizing legal risks, which can reduce the uncertainty associated with enforcement and interpretation of legal acts, treaties and regulations in the field of contractual obligations. In this regard, banks in the Czech Republic are looking for new ways to reduce costs in the ongoing implementation of Basel II and preparation for implementation of Basel III. The central problem to which attention is focused is to ensure the required level of capital adequacy. This is conditioned i.a. by their risk management system. Capital adequacy may affect credit risk substantially. Besides others, the level of credit risk may be affected to a considerable extent by application of hedging instruments. This paper presents conclusions of the executed comparison of the existing and new private law provisions in the Czech Republic and, based on that, draws new opportunities and difficulties for banks in managing their credit risk and capital adequacy. The focus is only on the hedging instruments that may affect the activities of banks in a significant way.

Prigovor kao pravni lijek prema Zakonu o općem upravnom postupku

In addition to resolving administrative matters in the administrative procedure, the Croatian General Administrative Procedure Act regulates five other types of subsidiary legal protection that are not decided by an administrative act. These are three types of administrative actions (initiating procedure ex officio by petition; notifications on the conditions for exercising and protecting rights; protection from other actions of public law bodies), actions of public service providers, as well as non-fulfillment of contractual obligations by public bodies (administrative contracts). As an instrument of legal protection with regard to the mentioned forms of administrative activity, an ordinary appellate procedure is envisaged – the complaint. The paper analyzes the legislative genesis of the mentioned additional institutes, the general regulatory framework related to complaints, as well as the provisions related to a particular type of complaint. Due to the significant differences between the five legal institutes to which the complaint relates, there are also certain differences between the types of complaints in their essential legal features. These features are compared horizontally, using legal-theoretical and normative criteria. In relation to all types of complaints, a judicial remedy is provided in the administrative dispute. Therefore, the specifics of this type of administrative disputes are also considered. In conclusion, among other issues, the procedural importance of complaint for the realization of the rights and legal interests of citizens and legal entities, and indirectly for the quality of administrative activities, is emphasized.

Consequences of the Final Civil Decision in the Criminal Trial Pursuant to the Albanian Legislation

Judicial jurisdictions are separated; the criminal court has the jurisdiction to adjudicate charges brought by the prosecution, whereas other jurisdictions are exercised by the civil court and the administrative court. Thus, civil cases or in other words disputes between private entities, such as contractual obligations or inheritance issues, etc., are settled by the civil court, while disputes between individuals and public administration fall within the scope of administrative jurisdiction. Therefore, depending on the type of case, in Albania there are courts with separate judicial jurisdictions. However, in quite a few cases we might face cases where the different judicial jurisdictions are interwoven between them, in other words the consequences of a civil trial can affect the criminal trial. This paper will analyze the legal provisions in Albania, how to act in cases of resolving a case with a final civil decision in relation to facts, which are also being adjudicated in the criminal process. This paper will also analyze the role of the final civil decision in the criminal trial. Domestic court practice will be considered in terms of the impact that a civilly resolved case by a final court decision has on a criminal case. Received: 31 May 2021 / Accepted: 31 September 2021 / Published: 5 November 2021

The Benefits and Challenges of One New Zealand Nursing Undergraduate Clinical Education Model: a Case Study

<p>This research project has utilised a case study approach to give ward managers a voice in the literature, by exploring and describing from their perspective the benefits and challenges of one particular nursing undergraduate clinical education model. The Tertiary Education Provider contracts the Health Provider to provide Clinical Nurse Educators (CNEs) to support second and third year undergraduate nursing students during their clinical experiences. The CNEs are seconded from their respective wards to meet the organisation’s contractual obligations. Data were gathered from two ward manager’s using semi-structured interviews. A thematic analysis using the ‘colour coding’ method as described by Roberts and Taylor (1999) was used to analyse the interview data. The findings elucidate the role of the undergraduate CNE, highlighting benefits such as the CNE being supernumerary to ward rosters and having time to teach, not only supervise students. CNEs are student-focused and easily accessible as they are based on site. The CNE was the one person who was ‘there’ for a student as a student’s preceptor can change shift-by-shift and day-by-day. One significant challenge which emerged was the replacement of ward staff, not only of senior nurses who can leave their wards for up to 12 weeks to undertake the CNE role but also that of the student’s preceptor if the student’s preceptor was on annual, sick or study leave. Other challenges such as the inability of ward managers to pre-book casual staff; preceptor work-loads; skill-mix issues and fluctuating fulltime equivalents (FTEs) are also discussed.</p>