Journal of Advanced Research in Law and Economics
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2068-696x

2020 ◽  
Vol 9 (3) ◽  
pp. 905
Author(s):  
Atik KRUSTIYATI ◽  
Sylvia JANISRIWATI ◽  
Novela CHRISTINE ◽  
Mokhamad Khoirul HUDA

Crude palm oil is one of the main commodities exported by Indonesia to several countries, including European Union. The European Union has pushed through several laws regarding climate change, including the Renewable Energy Directive II. The regulation supplementing the Renewable Energy Directive II has also been adopted by the European Commission, making the criteria for determining the high indirect land-use change-risk feedstock in Commission Delegated Regulation (EU) 2019/807. The objective of this paper is to observe if the measure taken by European Union on determining the indirect land-use change-risk feedstock has satisfied the existing WTO trade principles, the principle of most favored nation and the principle of quantitative restriction. The determining criteria in Commission Delegated Regulation (EU) 2019/807 is trade restrictive and discriminating to the export of crude palm oil, as crude palm oil is the only feedstock that falls under the criteria of high indirect land-use change-risk feedstock. The regulation has impact for the consumption of crude palm oil in Member states of European Union should be gradually reduced 0% by 2030 at the latest.  As the provision on General Agreement on Tariffs and Trade embodies the principle of non-discrimination, the result of the study shows the Commission Delegated Regulation (EU) 2019/807 has violated the international trade principles. Furthermore, the general exceptions of GATT 1994 contained in Article XX (b) also doesn’t justify the measure.


2020 ◽  
Vol 11 (4) ◽  
pp. 1490
Author(s):  
Fifiana WISNAENI

The regional head as the organizer of the government in the region is also an extension of the central government, has a pretty heavy task, therefore in order for the State's goals to be achieved, regional heads must be chosen that are truly credible, qualified and qualified, so that it can bring success to regional development in carrying out government affairs as mandated by the Act, which will ultimately have a positive impact, in the form of support for national development. This research is intended to examine, criticize and analyze which are expected to provide solutions related to the development of the authority to form laws in the constitutional system of the Republic of Indonesia. The formulation of the problem in this study are the dynamics of regional elections in Indonesia in the reformation era and the implications of the dynamics of regional elections in the Indonesian constitutional system. The method of approach used in this study is normative juridical, which is an approach that uses the positivist concept which states that law is identical with written norms created and enacted by authorized institutions or officials. The dynamics of regional head elections in Indonesia in the Reformation era include the conditions for pairs of candidates for regional head elections and the mechanism for regional head elections. Pairs of regional head candidates must be proposed by political parties or a combination of eligible political parties.  


2020 ◽  
Vol 11 (4) ◽  
pp. 1337
Author(s):  
Daria Konstantinovna POPENKOVA ◽  
Alexander Fedorovich NIKISHIN

Despite the experience of the e-commerce development for several decades, this form of trade organization is still prospective and has high potential for its further development. E-commerce is undergoing some changes in the modern conditions, the most important of them being an increase in the share of orders with a decrease in the average check and the development of new forms of e-commerce. A comprehensive analysis of the development of e-commerce in the modern conditions is provided in the article, the main trends are identified, and the important role of integrated forms in the field of business organization in the digital environment, in particular, marketplaces, is demonstrated. The obtained results allowed to identify the main directions of the development of distance selling using digital technologies in the modern conditions.


2020 ◽  
Vol 11 (4) ◽  
pp. 1313
Author(s):  
Olha V. POKATAIEVA ◽  
Lesia A. SAVCHENKO ◽  
Oleksandr M. BUKHANEVYCH ◽  
Anton O. MONAIENKO ◽  
Olga P. GETMANETS

For the purpose of a more detailed analysis of the features of administrative regulation of fiscal policy, it is necessary to consider examples of fiscal regulation of business processes in individual foreign countries, as well as features of fiscal policy in the EU. For several decades in a row, the G7 countries – Great Britain, Italy, Germany, Canada, the USA, France, and Japan - determine world economic policy. Despite the periodic global economic crises, they are among the first to overcome their consequences and maintain a leading position in the global business environment. This happens due to a balanced fiscal regulation policy. Among their common features is that part of the GDP that they accumulate through leverage of fiscal regulation has a steady tendency for growth. Thus, over the past 40 years in France, this share has grown by 10.1%, and in Canada - by 10.9%. The paper shows that the theoretical basis of modern fiscal regulation in these countries is neo-conservatism, the basis of which is the importance of direct impact on production through targeted and large-scale tax cuts. The authors show that fiscal regulation in this case provides incentives for conservation and investment. Another important element is the reduction of government spending, mainly due to the implementation of targeted government programs. However, despite several common features, each country has certain features in the administrative and legal regulation of fiscal policy. The relevance of the study is determined by the fact that it is necessary to investigate these features in more detail through the lens the historical development of the administrative and legal regulation of fiscal policy in foreign countries.  


2020 ◽  
Vol 9 (3) ◽  
pp. 1060
Author(s):  
Imeda TSINDELIANI ◽  
Maria EGOROVA

The aim of this study is to establish the legal status quo of cryptocurrencies in the Russian Federation. The hypothesis presented by this study requires a profound reference to existing and proposed legislation as well as to the statements of a number of international, supranational and national regulatory bodies. This study uses qualitative research methods, and primarily consists of descriptive research. Doctrinal and comparative law research also lie at the very heart of this paper as they enable the author to identify, analyze and synthesize a number of foreign (incl. EU), and Russian laws. As a result, the emergence of new institutions and the modernization of existing ones, based on new technological breakthroughs, undoubtedly affect the already existing institutions that are under the influence of changes. Money, which is at the heart of finance, already loses its material forms of expression and regulating properties, alternative tools emerge in the economy that are ready to act as alternatives to this traditional institution. The alternative to money and monetary mechanisms will affect the basic instrument for regulating economic relations and the financial system of the state as a whole - a monopoly on the issue of currency. The nature of cryptocurrency, its features do not make it possible to attribute it entirely either to the means of payment, or to securities, or property. In the existing international community, cryptocurrency lacks a single focal point. Only a progressive view and modern legal regulation of cryptocurrency will create conditions for the development of legal and, most importantly, safe relations in the field of cryptocurrency.


2020 ◽  
Vol 9 (3) ◽  
pp. 1045
Author(s):  
Yury Alexandrovich SVIRIN ◽  
Vladimir Aleksandrovich GUREEV ◽  
Alexandr Anatolievich MOKHOV ◽  
Liudmila Valentinovna INOGAMOVA-KHEGAI ◽  
Sergej Nikolaevich SHESTOV

The article studies the challenges faced by the judicial branch of the Russian Federation. The avalanche of legal cases has reduced the quality of judicial acts and undermined the objective resolution of legal conflicts. In 2018, the Russian legislator attempted to reform judicial proceedings and introduced extrajudicial proceedings but there are still many unresolved issues that will be addressed in this article. The authors believe that the problems experienced by the judicial branch are caused by the imperfection of the current legislation, as well as economic and political grounds. Without dwelling on political foundations, the article reveals economic and legal causes of such problems. The authors used the methods of synthesis, comparative, structural-functional and statistical analysis, as well as interviewing. The study aims at determining negative causes that delay court hearings and result in unlawful and unjustified judicial acts. The authors have revealed causes for the unsatisfactory performance of the judicial branch in the Russian Federation and proposed certain ways to address these causes. They have also drawn the following conclusion: the separation of powers into three branches (the legislative, executive and judicial branches) in the modern world is outdated since the fourth power has already emerged in many states. Sometimes the so-called presidential branch becomes superior to the first two types and affects the judicial one.


2020 ◽  
Vol 9 (3) ◽  
pp. 978
Author(s):  
Kateryna O. RODIONOVA ◽  
Volodymyr M. STESHENKO ◽  
Ivan V. YATSENKO

The main objectives of the research were such: to define the concept of cold chain as an object of legal regulation; to find out the content and features of the EU legislation on the safety and quality of meat and meat products during cold chain and its use in Ukraine; to characterize the legal bases of the current legislation of Ukraine on ensuring the safety and quality of meat and meat products during cold chain, to formulate proposals and recommendations aimed at improving the national legislation of Ukraine by approximating it to the EU legislation, which sets requirements for the safety and quality of meat and meat products throughout cold chain. To achieve the abovementioned objectives, the following methods were used: comparative legal, analytical, systemic, dialectical, generalizing, specific-search, structural-functional, semantic, methods of deduction and induction, etc. The content and features of the legal regulation of the safety and quality of meat and meat products in the current legislation of the European Union and Ukraine have been clarified. For the first time, the definition of the term 'cold chain' has been proposed by reference to it in author's editorial, which should influence its clearer scientific and practical understanding. It is determined that the temperature regimes of cold processing, storage and transportation of meat and meat products in Ukraine are regulated by a large number of legal acts, in particular: national standards of Ukraine (DSTU), technical regulations, technological instructions, rules of transportation, etc. It is found that national legal acts do not provide a systematic understanding of the particularities of cold chain legal regulation in the meat processing industry in order to ensure the safety and quality of meat and meat products. As a result of departmental inconsistency, the existing storage temperature parameters for the same product type in different legal acts differ from each other, which does not allow to determine the actual storage periods at different stages of the cold chain. In addition, current legal acts in Ukraine do not provide for constant monitoring of the temperature of cold-processed meat and meat products throughout all cold chain units and the hygienic condition of refrigerators throughout the shelf life. As a result, the cold chain is very difficult to be controlled and requires a large number of factors to be taken into account in order to bring safe and high-quality meat and meat products to the end consumer. According to the results of the research, proposals and recommendations are formulated to improve the national legislation of Ukraine governing the cold chain in the meat processing industry.


2020 ◽  
Vol 9 (3) ◽  
pp. 967
Author(s):  
Asem M. RAKHIMOVA ◽  
Asel K. KAISHATAEVA

The most important actor of the system of social partnership are trade unions, which often act as democratic institutions of society. The aim of the study is to determine the role of trade unions as a participant in social partnership in the system of settlement of labor disputes in Kazakhstan, using the experience of foreign countries as an example, creating a mechanism for social protection of workers in the form of a balanced system of state and market regulators and strengthening the role of trade unions in the occupational safety management system. The following methods were used as methods of scientific research: analysis of literary sources, the study of regulatory legal acts, special legal, comparative legal. The author focuses on the problems faced by employees in resolving labor disputes. The labor legislation of Kazakhstan regulates the procedure for issuing acts of an employer, preparing a draft collective agreement, the procedure for resolving labor disputes, etc. All this should be conducted taking into account the opinion or in agreement with the representatives of employers, but today, as practice shows, all these procedures take place without proper coordination, especially in commercial enterprises with a non-state form of ownership. According to the author, the regulation of labor disputes is just the direction where there is close interaction between trade unions and the state is a clear manifestation of social partnership.


2020 ◽  
Vol 9 (3) ◽  
pp. 951
Author(s):  
Diana Shamilyevna PIRBUDAGOVA ◽  
Sabina Mukhtarovna VELIYEVA

Kazakhstan and the Islamic Republic of Iran are two states that have common sea borders through the Caspian Sea, two friendly neighbors, successfully developing both bilateral cooperation and cooperation at the regional and international level. The relevance of this study is that today it is advisable to study the foreign policy of not only world powers, but also ‘non-knowing’ countries in order to determine the scenario for the development of relations between the two countries. The purpose of the article is to analyze and evaluate the geostrategic features of the interaction of Kazakhstan and Iran in the regional and global aspects. The leading approach to the study of this problem is the analysis method, which allowed to study the history of relations between Kazakhstan and Iran at different stages. This article attempts to determine the geostrategic features of the interaction between Kazakhstan and Iran in the regional and world aspect analyze and evaluate their bilateral relations.  


2020 ◽  
Vol 9 (3) ◽  
pp. 925
Author(s):  
Kulshara M. MADENOVA ◽  
Faya A. SHULENBAYEVA ◽  
Maira Sh. BAUER ◽  
Assiya Ye. AGUMBAYEVA ◽  
Balym K. SAGINOVA

Meet stockbreeding makes it possible to achieve significant progress in providing food to the country as a whole and thus ensure security and reduce dependence on imports of certain types of products. In Kazakhstan, this traditionally refers to the preservation of meat stock and, as a consequence, to the consumption of meat as the main type of carbohydrate and protein. The relevance of the study is in the formation of a sustainable system that would be the basis for a long-term temporary supply of meat products. The novelty of the study is determined by the fact that the formation of a sustainable economic model that allows for the increase in the number of meat breeds is based on the ability to ensure the growth of the feed base and reduce the share of imported feed. The authors determine the possibility of using the developed model for growing feed for meat stocks for the period of standard planning in economic development. The model is based on the prediction of cost-effective feed. The authors define wheat as a reference culture. The practical significance of the study is determined by the structure and share of imports in the preparation of the feed base and the possibilities of restricting the supply of feed and ready-made food additives as the basis for ensuring food security in the country.  


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