ROUND TABLE «THE ACHIEVEMENTS AND LOSSES OF UKRAINE ON THE WAY OF DEVELOPMENT OF LEGAL ECONOMY»
ROUND TABLE «THE ACHIEVEMENTS AND LOSSES OF UKRAINE ON THE WAY OF DEVELOPMENT OF LEGAL ECONOMY»
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ROUND TABLE «THE ACHIEVEMENTS AND LOSSES OF UKRAINE ON THE WAY OF DEVELOPMENT OF LEGAL ECONOMY»
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The contract of insurance is an important term to define for the purpose of specifying the binding and legal meanings of this term. Expressing its specific features and distinguishing it from all other binding agreements shall determine its significance in the context of the legal obligation rights. The Law on Obligations clearly and distinctively defines the contract of insurance which refers to both the property insurance contracts and personal insurance contracts. No matter how clearly explained the definition of the contract of insurance seems to be by the Law of Obligations, and how well the execution of these contracts is, it may find any person by surprise in their ordinary practise with many issues, which sometimes require more than a simple and easy reply. The reason for this is a rather conservative and classical definition which, on the other hand, is not surprising given that it is taken from the 1978 Law on Obligations. In the meantime, the insurance industry has been developing rapidly and new classes of business have been introduced. It is questionable whether this definition may refer to ever emerging new classes of business, or may it favourably affect the development of new lines of insurance, and whether it is in line with the contemporary market demands. This is especially the case in the Republic of Macedonia where a new Civil Code is being prepared, and is expected to entirely regulate the matters in the context of the Civil Law, including therein the contract of insurance.
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The European Union in the seventies of the twentieth century recognized the importance of satisfied customers and secure in the function of the internal market, and later built up an impressive body of knowledge, norms and practices of its authority in the field of consumer protection. In 2015, the total GDP of the EU amounted to 16,311.90 billion US dollars, while the final consumption accounted for 56%, or a total of 9,134.66 billion. Therefore, the European Union, the adoption of Directive 2005/29 / EC on unfair business practices, unambiguously stipulated that the unfair commercial practices towards consumers prohibited. As Bosnia and Herzegovina aspires to membership in the European Union, discussed the results achieved in the field of protection of consumers from unfair business practices in Bosnia and Herzegovina, through the analysis of the normative framework of consumer protection, the protection level, consumer protection entities and their practices. Significant and very lively communication with consumers Consumer Protection Association, represents a kind of a survey on the situation of consumers in Bosnia and Herzegovina. Analysis of judicial practice in the Federation BiH, indicates how courts apply the standards in force in the field of consumer protection.
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The author generalizes scientific approaches of foreign scientists to the content of proactive law, developing and implementing corporate legal strategies. The author has analysed the main types of legal strategies. The author has paid special attention to problems of implementing corporate legal strategies in Ukraine and substantiating effective instruments for undertaking these strategies. The author has proven that a majority of Ukrainian business entities orient towards managerial risks in their activities. However, more and more firms transit to a model of managing development.
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The article notes that the social purpose of labor law is the orientation of its norms to the priority of the natural labor and fundamental social rights of workers. The theoretical and practical problems of the implementation of the social purpose of labor law, and ensuring labor rights and legal interests of workers in Ukraine are highlighted. Highlight the contractual forms and ways of implementing the social purpose of labor law
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The article proposes approaches to ensuring the unity of legal positions regarding the assignment of public-law disputes on public property to administrative jurisdiction through the paradigm of judicial hermeneutics. The author reveals peculiarities and criteria of the administrative jurisdiction of the disputes on public property, taking into account the practice of the European Court of Human Rights regarding the determination of jurisdictional boundaries.
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The author has substantiated the content, reasons, and main directions of current transformations of legal consulting in Ukraine. The author has indicated conceptual changes related to forming the three-vector model (job – entrepreneurship – service) of the socio-ethical legal services business. The factors of competitiveness of the legal services business include customer-orientation and compliance with professional and social ethical standards. The author has determined the main directions and types of market transformations of legal consulting by object of transformation (commoditization of legal services supply and restructuration of a product portfolio) and by entity of transformation (scaling a legal services business, combining organizational principles of activity of legal services supermarkets and boutiques).
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EU language policy promotes and supports multilingualism, and implicitly the plurilingualism, as fundamental principles to foster interpersonal communication and cultural openness between European citizens, eliminating the idea of a single and dominant communication language. The European Council from Barcelona established the European goal of language policy in March 2002, aiming at improving the basic language skills of European citizens, by teaching at least two foreign languages from a very early age. In this respect, the European non-linguistic higher education, and thus the Romanian, must meet the challenges of the EU linguistic policy, through innovative educational programs that encourage multilingualism among students, university teachers and researchers. As evidenced by some best practice examples of some universities in France and Britain, this major European objective contribute to improve the image of the internationalization of universities and scientific media attracting foreign students from different parts of the world.
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The Romanian Ombudsman has notified the Constitutional Court over a recent emergency ordinance of the government (Government Emergency Ordinance no. 62/2019) which changed the legislation emergency calls and electronic communications, the institution announced on Thursday. The executive order forced all buyers of prepaid phone cards to present their IDs upon acquisition.The Ombdusman said it found that the ordinance was breaching citizens' rights, liberties and duties and the initiator had to provide better motivation, proof of extraordinary circumstances that would match the restraining of rights.The ordinance was published last week. It says prepaid cards would not be sold unless ID is provided when purchased starting January 1, 2020, while those who already hold such phone cards would no longer benefit of services starting September 1, 2020 unless they provide their personal data. The data would be stored by the state's special telecoms service STS for 5 years. The ordinance also introduces much bigger fines for false alarm to emergency phone number 112 starting next month.The changes were hastened in the wake of a major criminal case in which a kidnapped teenager was murdered in the southern town of Caracal this summer, despite her calling to the emergency number repeatedly to call for help. The case was mostly blamed on the incapacity of authorities to react in due time and efficient manner.
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The right of repentance to the adoption of the new Copyright and Related rights Law in Bosnia and Herzegovina was defined as the right to withdraw from the market of copyright works and denial of further use of works in any form if the author has serious moral reasons. According to the system of the law, this right belonged to personal-legal authorizations or moral author's rights. In one part of theory, and also in legislation in some countries, this right is viewed as the institute of copyright contract law, precisely as a way of breaking the contract due to the perception of changed understanding of the author. If, after the conclusion of the copyright agreement that assigns powers to certain forms of exploitation of copyright work, the author concludes that further use of the act could inflict his personal and creative reputation, he can terminate the contract by one sided statement. In the new Copyright and Related rights Law in Bosnia and Herzegovina the latter concept is accepted. The paper deals with an attempt at explaining the legal nature of the right of repentance from the point of the positive law, and also with regard to the earlier legislation. Considering that the right of repentance is the way to favor authors over the work users, the paper presents the conditions of application of this institute. Refinement of conditions under which the right of repentance can be applied aims to prevent abuse of this right by the author.
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Both discussed judgments of the Constitutional Court shall be considered as erroneous. The second judgment is to some extent a result of the first one. The thesis of the first judgment was shaped in a scope that is too wide, where it should be limited only to the situation, in which the regulations of the administrative law do not directly protect a given claim and do not grant this protection a judicial channel. This situation led to extending of the competences of the Supreme Court and courts of general jurisdiction onto subsequent civil law institutions, including such situation, when the regulations of the tax law provide for such protection, along with the judicial channel in administrative courts. At this stage it’s hard to decide – even though throughout a couple of last years courts of general jurisdiction and the Supreme Court established a certain pattern of judicial decisions – which direction the court rulings would take. Only the Court of Justice of the European Union or intervention of legislators might change the disadvantageous direction, in which the judicial principles go nowadays.
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The article analyzes the doctrinal approaches to the concept of the “subject of international law” and the criteria for their separation from other legal entities involved in the financial relations with a foreign element. The basic international documents and legal acts of foreign countries that regulate at the national level the legal status of communities of administrative-territorial units as the subjects of local self-government and give the right to enter into cross-border contractual relations are investigated. Exploring the forms of cooperation of subnational individuals at the regional and universal levels, they distinguish between such forms of network cooperation as infrastructure, which are factors of international legal regulation (aimed at economic solidarity) and political, in which cities are often agents of international intergovernmental organizations.Based on the analysis of international documents and national legal acts regulating the legal status of subnational persons and their relations with subjects of international law, as well as domestic and foreign doctrine of international legal personality, a scientific approach to the status of subnational persons in financial relations with a foreign element is formulated. Administrative-territorial units as complementary subjects of international legal relations with a special international legal personality are defined: on the formal legal plane, they are endowed with rights in foreign economic activity with legal norms of national law, which govern these relations; similarly, city states (like other subnationals) are representatives of the public interest of urban communities; in the economically practical plane, they act as independent subjects of economic relations of an international character.
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In this article I will discuss the problem of one of the atypical forms of work, that of the day workers, the main purpose being to identify the changes that took place on the text of the normative act, between 2011-2019.Also, in order to achieve a better monitoring on the observance of the law of the day workers, I will also present briefly the results of the control carried out by the Territorial Labour Inspectorate of Suceava on this subject for the year 2018, in order to identify those legal provisions that are frequently violated, intentionally or at fault, by the beneficiaries of the day workers’ activity.
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The judicial protection of the atmosphere is a current subject of interest as the atmosphere is an essential part of the biosphere itself. Consequently, certain national and international organizations have set up norms that focus on the protection against the damaging activities. The monitoring of the impact of the pollution of the atmosphere both on the population’s health and on the environment as well as the evaluation of the air quality are done based on the implementation of the national and international regulations.
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The article aims at the examination of the need of introduction of Taxpayer’s Charter in Poland. The Author concludes that such a need exists and is justified by the insufficient level of the protection of taxpayer’s rights, deterrence of tax law regulations, low level of tax legislation and the practice of violation of taxpayer’s rights by tax authorities.
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The purpose of the EU document is to discuss the existing rules on decision-making by the EU institutions in the taxation area, indicate the limits of unanimity in the area of EU and Member States’ tax policies and present an action plan for moving to qualified majority voting, as well as to enhance the role of the European Parliament in this area. From Poland’s point of view the proposed change in the rules for decision-making in tax matters may raise serious doubts as to the link between tax policy and EU political priorities, in particular climate and energy policy. On the basis of the information received, the government takes a negative assessment of the Commission’s proposal to move to qualified majority voting in the area of taxation policy and does not support the endorsement of the Communication’s action plan in this area.
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The aim of this paper is to examine the Islamic Banking and Finance (IBF) industry in Singapore. Singapore is known to be a global financial hub with a resilient economy for capital flow. As a Muslim minority country, the Islamic finance industry in Singapore is established and fairly stable. This study analyses Singapore’s legal and regulatory framework of IBF to review the legal and regulatory framework which promotes the development of Islamic finance in Singapore. IBF in Singapore has been treated equally as the conventional banking under the same regulatory framework, with little guidelines on Shariah governance in the country. This paper concludes that the Singaporean government adopts a flexible approach in regulating IBF in Singapore, with little interventions on Shariah matters.
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In 2018 it is extensive debate regarding the use of public-private partnership (PPP) contracts in mostimportant public investments, so-called strategical investments. On one hand, governmental experts and theNational Commission for Prognosis considered that these investments cannot be financed from public fundsand the only possible way to realise any of these investments it is a PPP contract. On the other hand,European Commission, i.e. commissioner for regional policy, informed the public opinion that there areEuropean funds to finance the strategical investments and that there is no need to use a PPP contract. In the light of this debate, the scope of the current material is to present the PPP legislation in Romaniaover the last years, its evolution and the main characteristics of the Romanian PPP contract under the currentlaw.
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Scientific research should aim to clarify some notions and/or case studies. Any clarification is always welcomed in the context of current trends of globalization and the forms of presentation of financial – accounting information within financial reporting. Taking in consideration that the system of calculating corporate taxation in Romania is a declarative one, the need for good knowledge, good interpretation and good application of legal norms puts additional pressure on the taxpayer. The motivation of the present scientific paper was based on insufficient transparency of the operations to be recognized in the merger, division and liquidation operations. The complexity of these concepts and the lack of experience in the economic life in Romania offered the possibility of comparative studies, starting from the identification of the conceptual limits in the current context and reaching the identification of solutions that increase the usefulness of these concepts. The present scientific paper was developed on the concept of merger as an operation to change the company’s assets and not as a commercial operation. The problem of the merger as the form of reorganization of the economic activity will become more current under the conditions in which the Romanian economy benefits from foreign investors but also from local investors who have copied the models already verified in the field.
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The present article represents a short analysis of the relevant doctrine and jurisprudence concerning the applications in which it is requested the indexation according to the inflation rate of the sums that are collected or paid illegally to the state budget
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