The New Romanian Civil Code versus the Old Romanian Civil Code – Introductory Issues concerning the Principle of the Contract Relativity Effects – The Contract

Author(s): FIRICĂ Manuel Cristian / Language(s): English Issue: 11/2015

The article approaches, by comparative analysis between the old Civil Code and the new Romanian Civil Code, the institution of contract and highlights the regulatory or nuance differences, faces the concept in the new CivilCode with its intellectual sources of European and North American origin, showing how much the new regulation owes to the contemporary legal postmodernism.

Evaluation of Performance of Enterprise Development Strategy Implementation

Author(s): FURSOV Victor Alexandrovich,LAZAREVA Natalia Vyacheslavovna,Irina Vasilievna Solovieva,Fattakhova Alfiya Ruslanovna,Irina Yrevna Vaslavskaya / Language(s): English Issue: 11/2015

Performance indicators of the enterprise strategy from a theoretical point of view and their application in the activities of economic entities were considered. The technique of multidimensional comparative performance evaluation of the enterprise strategy was founded; the more specific elements of the evaluation were suggested. The main advantage of the method is the ability to choose an adequate development strategy. The importance of the implementation of the efficient enterprise strategy at the macroeconomic level as a pledge of successful social and economic development of territories was presented.

Inheritance Rights of Spouses in the Actual Marriage: A Comparative-Legal Aspect

Author(s): Elena Kirillova,BOGDAN Varvara Vladimirovna,Elena V. KAYMAKOVA,Igor' N. OZEROV,Sergey S. Zenin / Language(s): English Issue: 16/2016

The inheritance rights of spouses in the actual marriage present the subject of the present study. Nowadays, in the Western European countries and the United States the family crisis has broken out – the officially registered marriage has become less popular than the actual marriage; on average, one of three children in Europe was born out of wedlock last year, but neither the theory nor the practice of law could resolve a number of issues related to the legal status of spouses in the actual marriage. The purpose of the study is the definition of the legal regime of the inherited property of actual spouses and the actual attempt to fill the gaps in the sphere of civil science. On the basis of the study we have made the main conclusion that the actual marriage presents permanent, stable, monogamous relationships between people who have reached the age of marriage on cohabitation (extramarital relationship), which are not officially registered in accordance with the law, lasting more than two years, engendering rights and obligations both to each other and the children – if the couple has children. The community property of actual spouses should be governed by civil law regulations.

Safety Measures under the Laws of Countries in the Anglo-Saxon System (United States, United Kingdom)

Author(s): Kairat Alikhanovich Bakishev,Azamat Nurbolatovich Nurbolatov,Aliya Temirhanovna Bayseitova,Zhanar Amanzhanovna Kegembayeva,Liliya Bissengali / Language(s): English Issue: 18/2016

The paper argues that a clear and well-defined safety measures system can be found currently in the Anglo- Saxon legislations of the United States and United Kingdom. The article analyses safety measures aimed at protecting the public from the criminals. Particular features of safety measures that allow isolating certain categories of persons due to their ‘dangerous condition’ contribute to explaining why the system of safety lacks a clear definition. The article also examines the history of two legal systems and serves as a study into a legislative and executive conflict of safety measures definition in the United States and United Kingdom.

Disadvantages in Differentiation and Exceeding Limits of Necessary Defense According to the Legislation of the Republic of Kazakhstan

Author(s): Aigul Abaevna Bazilova / Language(s): English Issue: 18/2016

The article shows that the specificity and content of criminal law due to the tasks that lie before him. It is shown that a criminal law tasks the author defines the protection of rights, freedoms and legitimate interests of man and citizen, property, rights and legitimate interests of organizations, public order and safety, environment, constitutional order and territorial integrity of the Republic of Kazakhstan, the legally protected interests of society and the state from criminal attacks, protecting the peace and security of mankind, as well as the prevention of crime, to which belong and the necessary self-defense. For the foundation of criminal responsibility in article defines what hazardous to individuals, society or the state acts are crimes, prescribes penalties and other measures of criminal law for their commitment, that is, these problems are solved in the process of implementation of the regulatory and enforcement functions of the criminal law.

Sexual Deviations of Prisoners in Conditions of Isolation

Author(s): Rima Yerenatovna Dzhansarayeva,Ali Dzhumamuratovich Baisalov,Sholpan Malikova,Gulzagira Makhatovna Atakhanova,Yerenat YELNUR / Language(s): English Issue: 18/2016

In conditions of isolation there is consistent implementation of the methods for improving material and welfare support of prisoners, correction of their disciplinary programs adjusted for current realia, improvement of security and control over them, optimization of arrangement and tactics of field investigation activities and special prevention activities in order to reveal and prevent offending behavior in penitentiary facilities. These measures in whole are important for law enforcement in the places of confinement and security protection of prisoners and officers of penitentiar facilities. However, failures in the activities of different organization elements of a penitentiary facility cause deviant behavior of prisoners, which may manifest in commitment of penitentiary crimes and offenses. Deviant sexual behavior of prisoners in penitentiary facilities undermines correctional process, negates effectiveness of preventive measures in a penitentiary facility, and impedes proper organization of execution and service of sentence, being a background element of penitentiary crimes, often leads to conflict situations between the prisoners, which they usually solve by abusive actions. As the basis of deviant sexual behavior of prisoners is their personal defects, thus applied disciplinary measures don’t have a significant influence on them. The knowledge of peculiarities of criminal world and the norms of prisoners’ behavior allows a penitentiary facility’s administration to objectively analyze the crime situation in the institution as well as to control and forecast it in a proper and timely way.

Basic Concepts and Categories of Penitentiary Security Theory

Author(s): Rima Yerenatovna Dzhansarayeva,Ali Dzhumamuratovich Baisalov,Sholpan Malikova,Gulzagira Makhatovna Atakhanova,Kuanysh Daniyarovich Kusmambetov / Language(s): English Issue: 18/2016

Provision of security of individuals, society and the state in modern conditions cannot be implemented without the legal regulation of social relations in order to prevent potential security threats and neutralize existing ones. Accordingly, the functioning of the legal system, its social role and functions are of great importance in terms of security. A special role in the sphere of legal security belongs to public authorities, ensuring the security of legal system. The necessity to build a legal and social, and most importantly – viable state objectively increases the importance of government activity and state bodies. Current state of the penal system, its reform processes within the framework of development and integration of the state into the world community leads to the emergence of new threats. In this regard, there becomes a need to increase its readiness to confront arising external and internal, real and potential threats affecting a particular entity and the general situation. Penitentiary security, on the one hand, is a security of the person, society and state within the penitentiary system, on the other hand, is a security of society and the state of internal penal hazards beyond the borders of a penitentiary system, the severity of which was not forewarned by internal prison security or caused by factors and subjects of the penitentiary system aimed against the legitimate penitentiary process within the system to its disorganization and replacement with illegal with harmful activity coming out of the system.

Economic and Legal Support of Employee of Employee-Shared Ownership in Modern Russia: Regions’ Opinion

Author(s): Olga Ivanovna Gabdulhakova,Olga Vladimirovna NEKRASOVA / Language(s): English Issue: 18/2016

Currently in Russia, a great part of capital is steadily formed in a small number of people. Unfortunately, this model of capital concentration cannot be considered effective nor called socially equitable for the majority of the population. The difficult state of domestic production in all regions of the country, the negative impact of general political developments in the world and other factors contribute neither to the increase in the productivity of enterprises, nor to the increase in the employee’s interest to improve the profitability of enterprises, nor to the growth of the Russian economy as a whole. It is therefore necessary to consider alternative ways of development of the modern economy, to raise the interest of each employee (not only the owner, shareholder or senior management) of enterprises in the end result of their activity. In our opinion, an alternative form of society capitalization is the development of employee-shared ownership. This experience is especially prevalent today in many countries with successful economies. In Russia, this ownership exists in the form of a few public enterprises (employee-owned closed joint-stock companies). This paper considers the question of the attitude of the country’s regions to the functioning and dissemination of the experience of enterprises with employee stock ownership in the current Russian economic reality.

Institution Building of the Eurasian Economic Union: Challenges and Opportunities

Author(s): Zhanna Turkistanovna Iskakova,Askhat Bolatbekovich Bimbetov,Saniya Nurzhanovna SARSENOVA / Language(s): English Issue: 18/2016

This article contains research of the structure and authorities of the institutional bodies of the Eurasian Economic Union and peculiarities of their institution building. In the course of the research we analyzed the Treaty on the Eurasian Economic Union, its annexes regulating the activities of the Supreme Council, the Eurasian Economic Commission and the Court of the Eurasian Economic Union. Article describes functional purpose of the institutional bodies mentioned above, their role in the activities of the Union, reviews the opinions of the Russian, Kazakh, Belorussian and foreign scientists on the supranational nature of the Union institutional bodies. The authors suggest the measures for improving the activities of the Eurasian Economic Union institutional bodies, including the legislative framework, governing their activities. The article also deals with the challenging issues connected with the integration of the Union members as well as the problems in the Union legislative system and the determination of the Union institutional bodies as the international organizations or supranational authorities. On the basis of scientific perspectives and provisions of the international contracts the authors develop their own point of view regarding it as well as precondition the opportunities of the institution building of the Union institutional bodies. The objective of the article is research of the system of the Eurasian Economic Union main bodies, their authorities and competences. In this research we applied the methods for analysis of international legal acts, juridical literature, the Mass Media as well as the general scientific methods, including cognitive and logical methods.

Infrastructure in the Region: Long-Term Investments of Institutional Investors in Russia

Author(s): Olga Vladimirovna Bakhareva,Anna Ilyinichna ROMANOVA / Language(s): English Issue: 13/2015

The article deals with the possibility of long-term investment in infrastructure development in the region at the expense of internal resources of the pension market of institutional investors (Pension Fund of Russia, private pension funds Vnesheconom bank and private management companies). We have analyzed various theoretical and empirical studies that have shown the dependence of the financial sector and its impact on economic growth; analysis of the institutional changes in the pension system in Russia; analysis of the impact of the financial crisis of 2014 – 2015 on the results of the investment of institutional investors in the pension market. We offer for the development of the region to use economic mechanism of redistribution of pension assets and their direction in the development of the regional economy. The methodology of long-term investment of pension assets of State funded part of the pension system in infrastructure projects of regional economy through closed real estate funds will solve the problem of obtaining a stable private pension funds, investment income above the level of inflation and maintain purchasing power of the pension capital of the financial market. In addition to the accepted ........

Sport jako przedmiot zainteresowania nauk ekonomicznych – wybrane aspekty

Author(s): Bogusław Fiedor,Marian Gorynia / Language(s): Polish Issue: 15/2021

The paper is an attempt at preliminary identification of main areas and aspects of interest in sport in economic sciences, along with indication of how it is expressed in the system of national accounts. The authors start their analysis with a microeconomic approach within which they pay attention to the distinction between sports as a hobby and sports as a profession and the significance of those two forms of sport activity from the standpoint of the increase in life quality and welfare (well-being). They also indicate factors which increase the role of sports and physical education in socio-economic development in contemporary economies and societies. The authors pay also attention to growing interdependencies taking contemporarily place between doing sports as a hobby (amateur sports) and professional sports. Furthermore, they emphasize that interest in sport from the perspective of economics of sport and sports management is ever (and in the case of contemporary professional sports in particular) connected with the financial knowledge. In the second part of the paper, an attempt at conceptual recognition of sport sector as a part of the national economy has been undertaken. In this attempt, the authors identify a narrow and a broader concept of statistical measurement of this sector in the national accounts system. Based on the subject literature, they present estimates of the size of sport sector in the EU-27 countries from the point of view of gross value added (GDP), share in total employment and inter-sectoral relationships (multiplier effects of sport sector). Those estimates form the basis for recommendations concerning the use of sport activities for supporting the economic development.

Propozycja miernika oceny poprawności metod porządkowania liniowego

Author(s): Kinga Kądziołka / Language(s): Polish Issue: 15/2021

There was proposed a modification of the procedure for determining the aggregate measure to assess the correctness of linear ordering methods. The proposed solution takes into account variability and signs of the values of partial measures and their character (stimulant/destimulant). Proposals of aggregate measures assessing the correctness of linear ordering methods, that are available in the literature, use the root sum of squares of the values of partial measures. It can lead to false results in the situation where the values of partial measures are negative numbers. By squaring them, the ordering of objects (here: taxonomic measures) may change. Moreover, different ranges of variability of values of partial measures may lead to the situation, that some of them have greater impact on the final evaluation of the analyzed linear ordering methods than others. The proposed modification of the aggregate measure allows for the elimination of the mentioned problems.

Analiza cech kredytobiorców nieterminowo spłacających zobowiązania

Author(s): Bernard Kokczyński / Language(s): Polish Issue: 15/2021

The aim of the article is to analyze the characteristics of customers who fail to pay their loans on time and determine whether these features affect the lack of timely payment of their liabilities. The subject of the research is a group of 31 individual clients who fail to pay the installments of their cash liabilities on time. The inference was made using the chi square test of independence. For the adopted level of significance, there are no grounds to reject the null hypotheses for all the examined features. Therefore, other factors determining creditworthiness should be looked for.

Physicians’ liability for medical errors – risk factors and possible actions

Author(s): Julianna Stasicka / Language(s): English Issue: 15/2021

Physicians make decisions in regard to providing medical services with due diligence according to evidence based medicine and the principles of professional ethics. Sometimes, despite their efforts, they make medical errors as a consequence of the actions taken. The main purpose of the article is to analyze the issue of medical errors in the context of physicians' liability for committed errors. In this paper the types of physicians' liability in relation to their professional work were discussed and the types of medical errors were indicated. On the basis of the author's own research, the most significant influential factors to the possibility of making mistakes by physicians were determined. Regarding the SARS-CoV-2019 pandemic situation, the legal protection of physicians was analyzed. The most significant supporting factor, the removal of criminal liability for errors was indicated by the majority of the physicians. The article presents an example of a system based on open error reporting to eliminate them. The theoretical considerations were complemented by the statement of a physician employed in Sweden. The implementation of a key conclusion in public health care units in Poland was proposed. The discussed topic is intriguing and relevant regarding the pandemic phenomenon

Rynek i spożycie napojów alkoholowych w Polsce: podstawowe dane dla polityki społeczno-gospodarczej

Author(s): Artur Bartoszewicz,Katarzyna Obłąkowska-Kubiak / Language(s): Polish Issue: 15/2021

Ethyl alcohol is a psychoactive and toxic substance. Nowadays in Poland it is widely available on the market. Over the past 30 years, Poles have changed their alcohol consumption preferences. Alcohol consumed excessively, regardless of the form of administration, is harmful to human health, but also generates huge social and economic costs. The article presents key indicators for the socio-economic policy in the area of alcohol consumption, Poles' preferences in terms of consumed alcoholic beverages, alcohol consumption patterns in Poland, characteristics of the alcoholic beverages market in Poland in 2020, as well as state budget revenues from excise duty and socio-economic losses resulting from alcohol consumption in Poland.

Wykorzystanie finansów behawioralnych do opisu wybranych zjawisk na polskim rynku ubezpieczeniowym

Author(s): Norbert Duczkowski / Language(s): Polish Issue: 15/2021

The aim of this study is to analyse and explain selected phenomena observed on the Polish insurance market through the behavioral finance. The analysis focuses mainly on the description and explanation of deviations from instrumental rationality, which in practice has been reduced to maximizing the expected utility (according to Expected Utility Hypothesis, EUH). However, it also includes some examples of phenomena that may be explained by deviations from epistemic rationality (rationality in the sphere of evaluations). As part of the research work, secondary data was used, from reliable sources, and a critical analysis of the literature and market reports. This work can be a kind of summary, which is the basis for further research, and can also have practical applications among managers preparing insurance products and designing sales processes. Research confirmed the possibility of using behavioral finance theorems to explain selected phenomena on the Polish insurance market.

Harmonizacja systemu instytucjonalnego w Polsce

Author(s): Sławomir Czetwertyński,Jakub Sukiennik,Kacper Przysada / Language(s): Polish Issue: 15/2021

Obecność kobiet w organach statutowych spółek publicznych w Polsce

Author(s): Alina Błaszczyk / Language(s): Polish Issue: 15/2021

The aim of the article is to draw attention to the diversity in the statutory bodies of public companies in Poland in 2010-2019. The article is based on the analysis of empirical results collected by the author and the analysis of a critical literature review. The issue of gender differentiation has been present in the labor market for several years and it is not only a problem for Poland, but is also raised by the European Union. The author also became interested in this topic in the context of women in high positions of listed companies in the last ten years, i.e. from 2010.

Postrzeganie atrakcyjności wykonywanego zawodu przez nauczycieli w Polsce

Author(s): Przemysław Macholak / Language(s): Polish Issue: 15/2021

Understanding perception of attractiveness of the teaching profession from the perspective of teachers active on a popular social media platform is the primary goal of this article. Teachers’ protests in Poland taking place in 2019 and resulting initiatives such as Educational Roundtables and Civic Educational Consultations focussed Polish public debate’s attention on issues facing the education system. These issues decrease the competitive position of teaching against other professions. Considering the technological revolution and social and economic value of teachers’ work, their role will only become more important. Given the gap in research concerning the attractiveness of teaching in Poland, based on existing research the authors identified 12 determinants of teaching attractiveness and used a survey to understand teachers’ rating of each of them. The authors shared the survey on Facebook among teachers’ groups and via email through the snowball technique. 1550 responses from teachers had been collected in the period between January 5th 2021 and January 23rd 2021. Polish teachers provided similar reasons for deciding to join a teaching workforce to their EU counterparts. Majority of teachers consider their occupation to be unattractive. Not only majority of determinants were considered repelling, but also the repelling determinants were scored more extremely than the attracting determinants. Stress level, number of hours worked outside of the teaching hours and social status were rated the lowest. Professional development opportunities were rated the highest among the attracting factors. While the sample is demographically similar to the teaching population in Poland, the research was conducted using purposive, not representative sampling, and behaviors and judgements of teachers active on social media may differ from the general teaching population.

Utilizarea caligrafiei japoneze pentru promovarea produselor tradiționale japoneze

Author(s): Ioana-Ciliana Tudorică / Language(s): Romanian Issue: 1/2022

The article depicts the use of Japanese calligraphy (shodō) as a way to artistically create the logos of Japanese or Japanese-inspired products and restaurants in the food industry. Japanese calligraphy is a complex art that developed gradually, together with the writing system in Japan and, as a result, it manages to encompass both traditional elements that have remained unchanged over the course of years, as well as modern elements that reflect the calligrapher’s unique view. For this reason, shodō has been used in creating Japanese and Japanese-themed products, as means to portray tradition and authenticity within a brand. This practice is still used in the present, with more and more businesses opting for a calligraphic logo, not only in Japan, but also outside the country. This article analyses the use of shodō as means to promote and create a brand’s image, as well as the unique benefits of calligraphy. In order to better understand this phenomenon, the article ultimately assesses the logo of a Japanese restaurant situated in Romania that uses as logomark a calligraphic work created by the Romanian calligrapher Rodica Frențiu.