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Search results for: fair value in case ifrs 15 in All Content

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The role of intangible assets in value creation: case of Russian companies

The role of intangible assets in value creation: case of Russian companies

The role of intangible assets in value creation: case of Russian companies

Author(s): Tatiana Garanina / Language(s): English / Issue: 3/2009

Keywords: Intangible assets; value-based management; residual operating income; management

The paper is devoted to the question of the role of intangible assets in value creation of companies in the economy of the XXI century. The main research objective is to define the impact of fundamental value of both tangible and intangible assets on the market value of companies. Evaluation of intangible assets is based on residual operating income (REOI) model. In the focus of the research there is a sample of Russian companies. The model was tested on the whole sample of the companies, and then separately on each of five industries: mechanical engineering, extractive industry, power engineering, communication services, and metallurgy.

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THE QUEST FOR SUSTAINABLE FIRM VALUE

THE QUEST FOR SUSTAINABLE FIRM VALUE

THE QUEST FOR SUSTAINABLE FIRM VALUE

Author(s): Henry Bezuidenhout,Pieter Buys,Pieter Bosman / Language(s): English / Issue: 3/2010

Keywords: Du Pont analysis; human capital; firm value; shareholder-value; sustainable development; triple bottom line.

The maximisation of shareholder-value is often perceived as the most important corporate goal by the investment community and corporate managers. A firm’s value depends, among other, on its long-term ability to create cash-creating growth and pay dividends to its shareholders. However, investment decisions are often based on short-term earnings, with a focus on shareholder value creation, which may have contributed to the recent corporate failures and current global financial crisis. The question could be asked if a focus on the quality and efficient utilisation of the firm’s tangible assets could contribute to the creation of sustainable firm-value. In order to test this question, a study on the concept of accounting value, the role of earnings in value creation and the key principles to create sustainable firm value was conducted, focussing on 15 resource firms’ asset turnover, and its corresponding earnings over the period from 1998 to 2008. This information was statistically analysed in order to determine whether there are possible relationships between asset turnover and earnings. Based on this analysis no statistical relationships between asset turnover and earnings could be found. In order to create sustainable firm-value, a firm should therefore not only manage its short-term earnings or its tangible asset-base, but manage knowledge-based strategies that effectively utilize the intangible and human assets.

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HOW TRUE AND FAIR IS THE TRUE AND FAIR VIEW IN ACCOUNTANCY?

Cat de fidela si reala este imaginea reala si fidela a contabilitatii?

Author(s): Valeriu Brabete,Cristian Drăgan / Language(s): English / Issue: 2/2008

Keywords: true and fair view; accounting principles; accounting information; financial position

Although it is considered that the respect of accountant principles would be an indispensable condition for the insurance of the true and fair view, more and more authors are against this idea, sustaining that such a situation beads to a significant distance taken by the information provided by the accountancy towards the existent reality in an enterprise. The influence exercised by the normative principles, and not only by these, on the information provided by the accountancy, brings into discursion on the one hand, oven the idea of true and fair view, and on the other hand, the objectivity of these information in comparison with their beneficiaries. In our opinion, the influence exercised on the concept of true and fair view by the normative accountant principles, but also by the other principles that act implicitly, manifests itself in two ways: indirectly, through the conflicting states existing between the accountant principles; through the direct action of these conceptual elements. If at the global level the accountant principles constitute themselves, at least theoretically, in the form of a coherent system of general statements, analysed individually, some of these can be situated on a conflicting position in comparison with other principles, which compose the ensemble.

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TRUE AND FAIR VIEW – THE SUPREM TRUTH IN ACCOUNTING?

TRUE AND FAIR VIEW – THE SUPREM TRUTH IN ACCOUNTING?

Author(s): Ana-Maria Mărculescu,Dondera Octavian Florin / Language(s): English / Issue: 2/2013

Keywords: true and fair view; accounting information; regularity; sincerity; economic reality.

Acting in a social and economic environment in a continuous movement and transformation, accounting is experiencing with new situations, in its attempt to answer all functions and information users that it generates, making it an important arbitration instrument in the game of those involved in business world. The main characteristic of accounting is represented by providing useful information retrodictive and predictive in an efficient and economic decision process regarding the economic entity's financial position and accounting performance. Under these circumstances, the information must not contain significant errors, is not biased, and users can be confident that it accurately represents what they proposed to represent, or what is expected, in a reasonably manner to be. Fair and true view seen as an ideal to which any professional accountant should aim, seems to be more difficult to achieve under the current conditions, in which fiscal pressure is more and more unbearable and top management is more and more willing to make compromises that sometimes are at a legal limit. In theory, it is well known that registrations and accounting reports must provide a clear image, honest, fair and full on the assets, financial position and results of the entity. In practice, contrary to ethical principles, more and more "servants" of the accounting profession are either willing, or forced to submit distorted accounting information giving the impression of calmness to a disastrous situation.

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Value-based management and value reporting. Impact of value reporting on investment decisions and company value perception

Value-based management and value reporting. Impact of value reporting on investment decisions and company value perception

Value-based management and value reporting. Impact of value reporting on investment decisions and company value perception

Author(s): Petra Kroflin / Language(s): English / Issue: 441/2016

Keywords: shareholder value; value based management; value reporting; investor relations; Germany

To sustainably tie shareholders to a company, the information asymmetry between managers and capital providers must be reduced. Value reporting becomes a value driver by itself. The objective of this paper is to verify this assumption and to extend the value reporting research to non-US investors’ behavior. Therefore, this paper analyses the effects of valuebased management systems in Germany, known for its bank- and insider-oriented governance system, its weak shareholder protection and accounting conservativism. The novelty of the present research consists also in the used methodology. It is an empirical analysis of potential shareholders’ attention during financial statement analysis on the basis of eye movement observation, also known as eye tracking. The results of the present research question prior findings. Value reporting sections were not given special attention and were not referred to in the overall evaluation of a company’s attractiveness by the test persons.

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CREATING THE VALUE OF ORGANIZATION IN THE RESTRUCTURING PROCESS OF A HOLDING COMPANY: A CASE STUDY

CREATING THE VALUE OF ORGANIZATION IN THE RESTRUCTURING PROCESS OF A HOLDING COMPANY: A CASE STUDY

CREATING THE VALUE OF ORGANIZATION IN THE RESTRUCTURING PROCESS OF A HOLDING COMPANY: A CASE STUDY

Author(s): Piotr J. Białowąs / Language(s): English / Issue: 2/2016

Keywords: business organization; holding; restructuring; transactional costs; economic theory

The article represents a kind of a case study dealing with concentration of the processes taking place in the holding company. These processes in question are not connected with the core business of the company and are conducted and/or executed with the sole purpose of selling the company as a subsidiary with the assumption of maximizing the costs value of revenues from this sale. We include references to a practical example as well as to the economic theory, particularly to the theory of transactional costs. Therefore, the article has both theoretical and practical layers and might be relevant for business managers and economic theorists.

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Ambivalent impact of customer satisfaction on firm value in emerging markets: the case of Korea

Ambivalent impact of customer satisfaction on firm value in emerging markets: the case of Korea

Author(s): Hyunseok Kim,Jaisang Kim,Kyeong-Seop Choi / Language(s): English / Issue: 2/2017

Keywords: National Customer Satisfaction Index (NCSI), firm value; R&D; advertisement; chaebol; quantile regression;

Many researchers report that American Customer Satisfaction Index relates significantly and positively to firm value. The purpose of this paper is to examine whether such relation holds in the emerging markets such as Korea. Our preliminary OLS analysis reports that Korean customer satisfaction is irrelevant to firm value. Quantile regressions, applied for further analysis, report that customer satisfaction can be detrimental to firm value if the firm is enjoying the higher kind of value. These results undermine efforts, on the theoretical level, to establish Customer Satisfaction Index as a consolidated firm-value indicator; furthermore, managerial efforts to boost up firm value by managing customer satisfaction lose ground in the emerging markets.This study also corroborates Reinartz and Kumar’s (2002) marketing insight that to satisfy customers, make them loyal, is trivial for profitability and firm value in Korea perspective.The practical implication of our finding is that the relation between customer satisfaction and firm value becomes more ambiguous, especially when it is considered in the emerging market contexts. It also provides management with a fresh new insight that they should take prudence when they increase expenses on customer satisfaction since it turned out to be not a “panacea”.

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Poles’ Attitudes towards the Fair Trade Idea and Products

Poles’ Attitudes towards the Fair Trade Idea and Products

Poles’ Attitudes towards the Fair Trade Idea and Products

Author(s): Katarzyna Wasilik / Language(s): English / Issue: 5/2013

Keywords: Fair Trade; consumer behaviour;

The main aim of the article is to identify the level of consumers’ awareness as regards the idea of Fair Trade and to learn Poles’ propensity towards consumer ethical behaviour. In her article, the author presented the Fair Trade movement assumptions, its mechanism of operation, and Fair Trade products accessibility in various distribution channels. She discussed the present state of this movement in Poland against the background of other European Union countries, and the ways of Fair Trade idea development, as well as she characterised the development tendencies of this idea in this country. In order to identify the young Poles’ attitudes towards the Fair Trade idea and products there was conducted a research of the survey nature. The conclusion of author’s own surveys and desk research will serve further scientific research on the issue of Poles’ attitudes towards the Fair Trade idea and products.

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Recognition For Index Option Contracts Under IAS 39 And IFRS 9 – The Case Of Option Contracts Bound To BIST 30 Index

Recognition For Index Option Contracts Under IAS 39 And IFRS 9 – The Case Of Option Contracts Bound To BIST 30 Index

TMS 39 Ve TFRS 9 Standartları Kapsamında Endeks Opsiyon Sözleşmelerinin Muhasebeleştirilmesi- BİST 30 Endeks Opsiyon Sözleşmeleri Örneği

Author(s): Nevran Karaca,Tansel Hacihasanoğlu,Şuayyip Doğuş Demirci / Language(s): Turkish / Issue: 3/2014

Keywords: Derivatives Financial Instruments; Option Contracts; IAS 39; IFRS 9;

There is a limited number of academic studies about accounting for derivative products but non of them relating to the accounting for index option contracts. Within the scope of the study, it is aimed to indicate accounting regulations and procedures to be followed under IAS 39 and IFRS 9 for option contracts which traded in Futures and Options Exchange. The BIST 30 index option contracts having the highest volume of transaction and traded in VIOP is the main subject of the study via this objective. It is aimed to make the issue explicit by the help of a fictionalized example about these contracts.

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DEVELOPMENT OF FAIR TRADE IDEAS

DEVELOPMENT OF FAIR TRADE IDEAS

DEVELOPMENT OF FAIR TRADE IDEAS

Author(s): Adrianna Czarnecka / Language(s): English / Issue: 10/2017

Keywords: Fair Trade; civic movement; Word shops; WFTO; IFAT; developing countries; education; trade

The topic of the work below is the development of fair trade ideas over the years. By analyzing reports, websites, and newspaper reports, I have been able to compare the work of fair trade organizations. The social movement has transformed the activity into fully professional non-governmental organizations. However, the international and international institutions have become increasingly popular. The development of the concept has a significant impact on the quality of life of people in developing countries. Through the promotion of promotional and educational campaigns, the awareness of both consumers and small producers who are able to create their own networks increases. Idea Fair Trade turned out to be hope for the fight against poverty, disproportions in the world. Through trade, we are able to support developing countries. The emergence of international organizations allows for the control of these processes, as well as the development of concept and control of activities. The aim of the article is to show the process of developing and giving the idea of fair trade.

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Towards the Value of the Emerging Art. The Case of the Art Academy of Latvia

Towards the Value of the Emerging Art. The Case of the Art Academy of Latvia

Towards the Value of the Emerging Art. The Case of the Art Academy of Latvia

Author(s): Linda Teikmane / Language(s): English / Issue: 1/2018

Keywords: The Art Academy of Latvia; the emerging art; the art value; an art market; creative industries;

As the notion of the art market, employability and social economic impact drives higher art education even more towards art market and art world centred approaches, the role of emerging art and artists in art education and research rises. The research addresses the value of emerging art and emerging artists, particularly, the alumni of the Art Academy of Latvia and the Painting department of the Art Academy of Latvia in the period 2006–2010. It discusses the use of the terms of the emerging art and the emerging artists, methodological approaches towards the foundation of values of art and culture, applying of the institutional theory and never-established role of emerging art in the culture and creative industries. It also discusses necessity to further develop approach that would allow to establish value of the emerging art and the role of emerging artists inside cultural and art institutions, namely, art education institutions.

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Challenging the Status Quo: Steel Producer Case Study on the Enterprise Value for M&A

Challenging the Status Quo: Steel Producer Case Study on the Enterprise Value for M&A

Challenging the Status Quo: Steel Producer Case Study on the Enterprise Value for M&A

Author(s): Mădălina Viorica Manu / Language(s): English / Issue: 1/2019

Keywords: enterprise value; market value; book value; EBITDA; Tobin’s q; capitalization;

The purpose of this paper is to analyze the enterprise value determinants, in order to help the interested parties make correct (investment) decisions by studying industry cases of mergers and acquisitions (M&A). In order to understand and identify value-adding opportunities for the companies, the paper investigates a divestiture within a major international steel group. The research questions refer to the understanding the relation between the enterprise value and market capitalization of the selected companies acting in the steelmaking field, including other factors such as the revenue, EBITDA, EPS or ownership structure. In order to understand how the enterprise value is determined, I have analyzed relevant theories, including Tobin’s Quotient (q) for a company/ aggregate corporations, for the study of the relation between the market value and its replacement value. If used empirically, Tobin’s q helps avoid issues of estimating shareholders’ risk-adjusted required return by the market prices. Besides using the graphical visualization of the share price, I have used the datasets available for several years on the value of several mature steel producing companies, market capitalization and other indicators. The methodology also includes Market Comparable method and own spreadsheet calculations. After analyzing the evolution of the share price for the global steelmaking leader (ArcelorMittal), between 2009 and 2018, I have not identified any growth potential; the market value of ArcelorMittal is a proxy for the market value of its assets.

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Impact of fair value measurement of investment properties 
on operating profits of selected developers listed on Warsaw Stock Exchange

Impact of fair value measurement of investment properties on operating profits of selected developers listed on Warsaw Stock Exchange

Oddziaływanie przeszacowania nieruchomości inwestycyjnych do wartości godziwej na wynik operacyjny wybranych spółek deweloperskich notowanych na Giełdzie Papierów Wartościowych w Warszawie

Author(s): Jerzy Gierusz,Karolina Lange / Language(s): Polish / Issue: 102/2019

Keywords: investment properties; fair value; IAS 40; financial statements

This article discusses the impact of measuring investment properties at fair value on operating profit of developers. The research covered five entities listed on the Stock Exchange in Warsaw for the years 2013-2017, which is after the implementation of IFRS 13. The analysis also included methods, techniques and important assumptions necessary to measure fair value of individual properties. It has been proved that changes in fair values account for a significant part of net profits of the entities. In one case the amount was 15 times bigger than the net profit.

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Energy-information Concept of Value

Energy-information Concept of Value

Energy-information Concept of Value

Author(s): Nadiya Ryazanova / Language(s): English / Issue: 05+06/2019

Keywords: Theory of Value; Value; Energy; Energy-Information Concept of Value; Monetary Capital; Value-Chain; Finance;

Introduction. The «value» category belongs to fundamental categories, it is basic in the economy. As opposed to the well-known labour theory of value, marginalist theory of value (marginal utility theory) and value theories of neo-classic approach, this paper studies value from its energy-information nature’s (its genesis) point of view. Building on theoretical physics and philosophy conceptions regarding «energy» and «information» categories and energy-information duality, the energy-information nature of value has been studied in this research, appropriate features of value have been revealed, as well as its performance (movement) in modern economy (in finance, more precisely, which are the economic domain, where exchange value operates), the nature of financial risks and financial crises. Methods. The main principle, placed in the foundation of study of value concept within economic relations, laws of its movement in economy, role of finances in realization of value (money value and money capital, and further - price) is the following: financial and economic science, in general, must not be based on statements, created by economic science only, but additionally, on fundamental philosophic achievements and other results and achievements by sciences, which are relevant to finance, theoretical physics first of all. Purpose: to study energy-information nature (genesis) of value, and reveal value’s features and laws of its movement in economy from that foundation, which grants a deeper understanding of nature of financial risks and financial crises, as well as sources of value enlargement and economic growth. Results. It was substantiated that value is a type of, let us define this as «central» energy. Value is the economy’s internal energy, which is necessary for its development. Operating in unbreakable value-information interconnection, which is an analogue of energy-information interrelation in the economy, value intertwines all economic relations, shapes relevant value-chains, connects them into a single economy. Energy-information nature (genesis) of value emerges in the following: firstly, consumer and exchange forms of value form and exist as a result of processes, which are possible due to unbreakable connection of energy and information; secondly, information is a carrier of energy as economic resource; it has consumer and exchange values, which are reflected on products, which are produced with this information’s participation; thirdly, on the surface of economic relations, consumer and exchange values are revealed in appropriate information, due to information exchange. Finance is the domain where money (exchange) value and money capital are functioning. The following three features of value were analysed: (1) value operates within value-information interconnection system only; (2) value does not appear from emptiness nor disappear, but transforms from one state to another, intertwining processes, events and things in the economy; (3) value’s quantity is relative. These features of value concern the following: (a) its operation mechanism; (b) its sources; (c) system of coordinates and reference systems that employ value, and quantity of value is defined according to them. Conclusion. Certain statements regarding energy, formulated by theoretical physics, transform logically into value’s characteristics, which are well-known to economic science and practice. This has significant practical meaning, as provides a possibility to reveal the energy-information nature of value. Consequently, there is the possibility to reveal value’s peculiarities and laws of its movement in the economy, which provides us with a unique opportunity to deepen the knowledge of financial risks’ nature and financial crises’ nature, sources of value enlargement and economic growth, on this particular foundation.

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RIGHT TO A FAIR TRIAL IN CRIMINAL MATTERS. PRESUMPTION OF INNOCENCE

RIGHT TO A FAIR TRIAL IN CRIMINAL MATTERS. PRESUMPTION OF INNOCENCE

RIGHT TO A FAIR TRIAL IN CRIMINAL MATTERS. PRESUMPTION OF INNOCENCE

Author(s): Simona Elena Tascu / Language(s): English / Issue: III/2015

Keywords: fair trial; European Convention of Human Rights; presumption of innocence; case law; New Criminal Procedure Code;

Article 6 from the European Convention of Human Rights consecrates the right to a fair trial. The compliance with the right to a fair trial in criminal matters represents, in addition to the recognition of other rights, a link between the individual and a democratic society, an expression of his belonging to a state that protects him against his own abuses. The presumption of innocence is the procedural pledge that guarantees a fair trial to the individual, this principle being consecrated by numerous juridical instruments, such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Declaration of the Rights of Man and of the Citizen, the European Convention of Human Rights.

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Challenging the Status Quo: Steel Producer Case Study on the Enterprise Value for M&A

Challenging the Status Quo: Steel Producer Case Study on the Enterprise Value for M&A

Author(s): Mădălina Viorica Manu,Vlad Brătășanu,Ilie Vasile / Language(s): English / Issue: 2/2019

Keywords: enterprise value; market value; M&A; book value; EBITDA; Tobin’s q; capitalization;

The purpose of this paper is to analyze the enterprise value determinants, in order to help the interested parties make correct (investment) decisions by studying industry cases of mergers and acquisitions (M&A). In order to understand and identify value-adding opportunities for the companies, the paper investigates a divestiture within a major international steel group. The research questions refer to the understanding of the relationship between the enterprise value and market capitalization of the selected companies acting in the steelmaking field, including other factors such as the revenue, EBITDA, EPS or ownership structure. In order to understand how the enterprise value is determined, we have analyzed relevant theories, including Tobin’s Quotient (Q) for a company/ aggregate corporation, for the study of the relationship between the market value and its replacement value. If used empirically, Tobin’s q helps avoid issues of estimating shareholders’ risk-adjusted required return by the market prices. However, Q is not (yet) used in practice in the valuations of companies, because of the lack of the necessary input data. Besides using the graphical visualization of the share price, we have used the datasets available for several years on the value of several mature steel producing companies, market capitalization, and other indicators. The methodology also includes Market Comparable method and own spreadsheet calculations. After analyzing the evolution of the share price for the global steelmaking leader (ArcelorMittal), between 2009 and 2018, we have not identified any growth potential; the market value of ArcelorMittal is a proxy for the market value of its assets.

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CHALLENGES FACED BY AUDITORS WHEN ESTIMATING FAIR VALUES. AN EXPERIMENT IN AN EMERGING ECONOMY

CHALLENGES FACED BY AUDITORS WHEN ESTIMATING FAIR VALUES. AN EXPERIMENT IN AN EMERGING ECONOMY

CHALLENGES FACED BY AUDITORS WHEN ESTIMATING FAIR VALUES. AN EXPERIMENT IN AN EMERGING ECONOMY

Author(s): Adela Deaconu,Ioana Ciurdaș,Carmen Giorgiana Bonaci / Language(s): English / Issue: 1/2021

Keywords: fair value audit; fair value complexity; estimation risks; fair value provider; tangible asset;

Risks related to fair value (FV) estimates and their impact on the audit process represent a crucial topic in accounting and audit literature. Therefore, this paper focuses on one of the influential factors of FV estimation and related risks in audit missions, i.e. the valuation process performed (provider and measurement). In doing so, it addressees a less analysed FV level of estimation – level 3 according to IFRS 13, ’the models’, for the case of tangible assets. An experiment is conducted on a group of auditors, members of the Romanian audit professional body. The results reveal that, if the internal control quality is high, auditors differentiate between FV providers in the case of: FV measurement, i.e. income valuation approach versus cost approach, which implies additional effort for verification and risk of misstatement, when the estimation is provided by a third party instead of management. These findings could be related to the volatility of the investigated economic context and the respondents’ level of knowledge and expertise. We infer that respondents have a moderate understanding of valuation logic and methodology while excessively relying on their own valuator.

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Desktop Review of Ifrs Compliance, Disclosure and Relevance of Financial Statements as Perceived by Investors with Regards to their Decision Making

Desktop Review of Ifrs Compliance, Disclosure and Relevance of Financial Statements as Perceived by Investors with Regards to their Decision Making

Desktop Review of Ifrs Compliance, Disclosure and Relevance of Financial Statements as Perceived by Investors with Regards to their Decision Making

Author(s): Newman Wadesango / Language(s): English / Issue: 5/2021

Keywords: IFRS compliance; disclosure of financial statements; relevance of financial statements; investors;

The objective of financial statements as according to the Conceptual Framework is that financial statements are prepared so as to provide useful information for decision making to their users. However, there has been a growing dissatisfaction with financial statements and disclosures particularly shown by investors. The aim of this desktop research is to investigate IFRS compliance, disclosure and relevance of financial statements as perceived by investors with regards to their decision making. The research findings according to literature reviewed showed that investors still perceive financial statements to be useful and relevant in their decision making. There is need for companies to maintain credibility and reliability of financial statements and also ensuring quality disclosures so as to best provide investors with relevant information for decision making.

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IMPLEMENTING SME’S IFRS ON MICRO-COMPANIES ISSUES

PROBLEME PRIVIND IMPLEMENTAREA IFRS PENTRU IMM-URI ÎN MICRO - ÎNTREPRINDERI

Author(s): Ema Speranţa Maşca,Larissa-Margareta Bătrâncea,Brăduţ-Vasile Boloş / Language(s): English,Romanian / Issue: 3/2009

Keywords: microentities; IFRS for SME’s; credit suppliers; the European Union;

The most vehement among the actual debates regarding IFRS for SMEs is with no doubt, that one regarding the application of international norm to microenterprises. The actual paper treats the suitable character of project IFRS for SMEs for very small entities and the relation between microentities and the main group of financers - credit suppliers. We sustain the criteria promoted by the European Union for the delimitation of a group of entities of small size - microentities which will benefit from easy accounting norms and we don’t agree to impose IFRS for SMEs to all the entities unlisted.

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THE RIGHT TO A FAIR TRIAL AND ITS GUARANTIES IN THE STATE OF LAW

THE RIGHT TO A FAIR TRIAL AND ITS GUARANTIES IN THE STATE OF LAW

THE RIGHT TO A FAIR TRIAL AND ITS GUARANTIES IN THE STATE OF LAW

Author(s): Nadia Elena Dodescu / Language(s): English / Issue: XVI/2022

Keywords: state; law; justice; independence; impartiality; trial; convention; guarantee;

The European Convention of Human Rights was the first instrument of international law which organized the defense of humans, ensuring their rights and freedoms, even before their own state. This Convention is the first instrument of a paramount importance and, meanwhile, the first international treaty to bring a collective guarantee for respecting the human rights, on the side of the European Union’s member states. Once the European Convention of Human Rights was adopted, both a legal regime and a protection system of legal action were created. Thus, The European Convention of Human Rights is an original institutional mechanism of protection that, besides defining the human rights and its fundamental freedoms, obliges the member states to also ensure them. Therefore, the right to a fair trial represents a guarantee of respecting the human rights.

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