We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.
As the equity capital has begun to surface as an essential corporate finance mechanism in emerging markets, regulations providing adequate protection for the interests of minority shareholders and investors will enable companies to access global equity capital. Turkey. as an official candidate for European Union (EU) membership, must introduce a code of corporate governance ensuring the protection of investors, particularly minority shareholders to encourage them to partake in capital markets. Consequently, this code will ease the access of Turkish companies to equity capital. Turkey has made substantial improvements in promoting the interests of shareholders and investors by focusing on the absence of an equity culture in Turkey. The application of provisions of EU capital market and company laws in Turkish law will assist in creating a legal framework for protecting minority interests. The purpose of this study is to make a contribution to the attempts to develop a corporate governance structure to protect the interests of minority shareholders and investors, which is a main requirement for developing a Turkish equity culture.
More...
The objectives of article are to study the foundations and conceptual approaches to ensuring energy security, to disclose the essence, principles of energy policy in the field of ensuring energy security as an integral part of the economic security of the state (region), to analyze the existing methods for evaluating energy security, and to offer a conceptual approach to the formation of a system for ensuring the region’s energy security with regard to the specificity of energy functioning in the Far North of Russia. Based on the study of theoretical foundations and methodological approaches to ensuring regional energy security are proposed: the development and adoption of a concept for ensuring energy security in the Republic of Sakha (Yakutia); the author's definition of the concept of the ‘region’s energy security’; an improved conceptual approach to the development of a system for ensuring the region’s energy security; a structural scheme for the organization and effective management of the energy security system in the Republic of Sakha (Yakutia).
More...
The relevance of the study is due to the fact that timely prevention of negative manifestations of cybercrime, and even more so the identification of the perpetrators, is one of the main and most important tasks of law enforcement services of all civilized states, since measures to prevent, detect, uncover and investigate such crimes cannot be effective only at the national level because of the transnational and transbondary nature of the Internet. The article reveals the possibilities of applying the features of the blockchain technology in the investigation of criminal cases. A possible mockup of an electronic criminal case using blockchain technology has been compiled. Methods for digitization of criminal cases investigation are proposed, as well as the possibility of using the non-traditional branch of the forensic technology (psycho-physiological portrait).
More...
Property is considered as one of the important objects protected by law. At the same time, the development different areas of financial and economic activity simultaneously create new types of criminal activity. Fraud, as one of them, requires careful research by scientists and practitioners, which explains the relevance of this study. The paper aims to consider the problems of criminalistic characteristics of fraud in the field of real estate. The author comes to the conclusion that fraud is a collective term, which unites a wide group of socially dangerous encroachments. Despite this, the analysis of the methods of fraud allowed to highlight some general patterns of the formation of traces of a crime.
More...
The article is dedicated to the historical development of the institution of the magistrate’s courts in Ukraine and in the world. The paper describes the appearance of the first magistrate’s courts in the judicial system. The analysis of legislation of European countries regarding the legal status of magistrates is performed and the authority of magistrate’s courts in punitive proceedings is explored. The development of magistrate’s courts on the territory of modern Ukraine in the 19th century was reviewed. The question was raised about the introduction of magistrates in the current Ukrainian judicial system.
More...
The strategy of integration development of Ukraine envisages, in particular, the implementation of international standards of justice in the legal system of Ukraine. The article explores the essence of such a legal category as ‘the standard of criminal procedural proof’. The rules of evidence in the Anglo-Saxon and continental legal systems in the context of this issue are analyzed, as well as domestic criminal procedural legislation on the peculiarities of assessment of evidence in various criminal proceedings and at various stages. Conclusions are made on the existence of objective evidence of standards in the Anglo - Saxon family of law (‘beyond reasonable doubt’ and ‘probability balance’) and the subjective standard of proof in the countries of the continental system of law (‘on the basis of internal conviction’). The opinion on the lawfulness and expediency of the allocation of certain objective standards of proof and in domestic criminal proceedings is expressed.
More...
In the course of the study, the prerequisite for this period is the period of legislative initiative. The stage of introduction of the bill is the implementation of the right of legislative initiative. The main subject of the legislative initiative is the Government of Kazakhstan, as it needs legal support for economic reform in the course of the reform process in the country and needs to choose the forms and methods of this regulation. The government justifies the adoption of the bill, its consequences and expected results. Right to introduce bills to the Majilis is one of the powers of the government (paragraph 3 of article 66 of the Constitution of Kazakhstan). Summing up, the government's right to introduce draft laws simultaneously means its obligation, since, first, by giving instructions on introducing the draft law to the Parliament; the President exercises legislative powers through the government.
More...
The issue of the scope and consequences of binding legal representatives for litigation purposes by their clients’ instructions, particularly those that concern litigation tactics, constitutes a notion that is not only socially important but also juristically complex. It is a problem legal representatives are faced with in their everyday practice when they have to choose between fulfilling their clients’ wishes and protecting their legal interests – sometimes against their will. This article contains an analysis of the term ‘client’s interest’ and the professional as well as contractual obligations of legal advisers. Furthermore, it presents the possible implications of actions by legal advisers who act as legal representatives for litigation purposes – especially with regard to liability for damages.
More...
This study contains a detailed analysis of the features of the right to work, which grant it a unique place – autonomy – in the Romanian public order. Alongside the description of the labor law features are also put forward aspects such as: emancipation of labor law from private law (civil law), the recognition of the individual employment agreement as a standalone legal construction, independent from any other type of contract (mandate, provision of services etc.), inclusion under its scope of the fundamental employment rights, enshrinment of its role as common law for other types of employment relations regulated under the law. Moreover, we reiterate and emphasize the thesis pursuant to which employment law, through a remarkable extension of its scope towards other legal relations, as well as the imperative character of its core norms and utilization of the direct method of regulation, became a mixt law, situated at the intersection of private law with private law. Essentially, the study develops and promotes, with multiple arguments, the autonomy of labor law in relation to civil law, also considering that it ceased to cirscumsribe its normative action only with regard to employment agreements, thus regulating all rights and obligations comprising the employement relations, irrspective of their legal source.
More...
Moreover and, probably, above all, the transformations of the contents and quality of labor are one of the greatest challenges society has to face with durable answers. Automation, robotics, the use of Artificial Intelligence in the work process call for clarification of new concepts and finding solutions to issues like the work health, safety and security, decency of work, preventing growing inequalities and social alienation, reconsideration of management of work units and participation therein. The future of work means the intensification of the social dialogue in new forms, matching new forms of work and new workers’ skills. Adaptability, justice and cooperation are imperative for decision makers in a society where humans are treated as human beings.
More...
The risk of work injury, as well as the risk of occupational disease, now traditionally, have preferential treatment when it comes to the matter of compensation - which has not always been the case and which is being challenged by some even nowadays. The aim of this research is to present an overview of different systems of compensation when it comes to these risks, as well as to give an idea of their positive and negative characteristics. This due to the fact that it is a matter of great importance for the employees and for the employers alike. The conclusion is that it is not easy to form a decisive stand on which of the elaborated systems is better, as they all have advantages and disadvantages. Nevertheless, the state in question - that is its legislature, should make balance of interests of employees and employers its main goal while addressing this matter in order for social peace and social justice to be acquired.
More...
The cornerstone of the labour law is represented by the collective labour agreement. This is the defining institution of a legal discipline which draws its sources from the traditional rules of the civil law contractualism lato sensu, but is pursuing and is based on specific rigors allowing, within the rigor limits, the networking between the “weak link”, the employee, who, being under the authority of his or her employer, should be protected under legal rules, and the employer, who, in order to achieve the goal for which it is established, shall benefit from the organizational, disciplinary and normative powers.
More...
The social dialogue and the forms it takes represent one of the main arguments supporting the autonomy of the labour law as an area of law. Tripartite social dialogue – regularly, institutionalized – operates both at the international level – within the Labour International Organization –, at the European level – between the European social partners and European institutions –, as well as at the national level – between the social partners in Romania and the public administration authorities. In some specific circumstances, in a tripartite structure, certain bodies make decisions, adopt normative instruments (such as the case of LIO Conventions, which become mandatory for the Member States ratifying them). In other cases, tripartite bodies are only consulted, however, it is mandatory to obtain the advisory opinion before the adoption of the normative act. The bipartite social dialogue, which is regularly developed between social partners, generally take the form of information and consultation. A particular situation is represented by the collective bargaining, which is compulsorily and in a detailed way regulated by the Romanian legislation, having as purpose and likely to result in the conclusion of the collective employment agreement. The specific feature of the collective employment agreement to represent a source of law for the employment relationships emphasizes another defining element of the autonomous nature of the labour law.Based on the social dialogue mechanisms, the applicable legislation extends the role of the social partners, being in the position of actors of the legal employment relationships, beyond the limits of classical contractualism and confers them the strength of certain producers of the employment relationships, participants in the development and adoption of the generally applicable legal regulations.
More...
The paper aims to analyze the extent to which the workers’ rights can be interpreted in the key of human rights, presenting the advantages and risks of such an approach. It carries out an examination of the human rights relevant to the worker and their main classifications. The paper also investigates the extent to which labor law courts could base their decisions, in some cases, on human rights sources. There are also discussed some ways of overcoming the traditional obstacles between workers’ rights and human rights. The alignment of the labor law of the human rights protection movement, beyond the real risks it entails, may also ensure a last normative resort for the employee to use – not as a contracting party, but as a human being
More...
The analysis of professional compliance is a good opportunity to review and compare the general rules regarding the execution of contracts, established by the civil law, and the particular aspects inherent to the execution and the general aptitude of the employee to execute a labor contract.The essential premise of the study is that there is a close connection between the evolution of the professional career and the development of the personal life of the employee, these influencing each other.The evaluation of professional compliance must be done considering the overlapping of multiple plans and is, in fact, bidirectional, involving also an employer self assessment: on the one hand, on the fulfillment of his own obligations and, on the other, in light of the quality and complexity of the human resources management activity.The evaluation of an employee is a complex activity that cannot be reduced to a mathematical or even legal dimension. From an etiological perspective, this aspect oncerns both sides, the employer having the possibility to analyze multiple variables from the interweaving of the legal plan with the organizational, economic, social, psychological, personal one.
More...
The world of work acknowledges a continuous change. From the industrial revolution to the digital era, each new stage in the evolution of society puts into question the specificity of labor law and its boundaries. In this context, subordination, “the old lady” of labor law, is adapting, always taking new faces/shapes corresponding to the time in which is analysed. Essential feature of the employment relationships, the legal dependence, combined with the economic one, serves, first and foremost, to identify the employment contract of the homonymous legal relations. Secondly, they lead to a specificity of this contract, protected, among others, by the concept of public social order, and attract the unavailability of qualifying as such the employment contract. Economic dependence seems to affect also the self employed, relaunching the debate on the scope of labor law and the effectiveness of social rights as fundamental rights. The Uberization of labor law is the latest challenge, working in the virtual space, through online platforms or mobile applications, testing the viability of subordination, as a defining feature of the employment contract.
More...
Arising from the need to protect the employee towards the employer under whose authority he or she is throughout the performance of the individual employment agreement, the labour law developed a specific autonomy, at present operating with rules and principles derogating from the civil law. In this context, we consider that the analysis of the consistency of the civil law principles with those related to labour law in the matter of cancellation of unilateral actions, even if it represents a highly debated topic in the doctrine and case law, keeps its interest and utility in the theoretical approach of the argumentation of the labour law autonomy.
More...
The legal institution of disciplinary liability, applicable to all categories of working people, including the same essential elements, but with differentiations from one category to another, has its origin in labor law. However, stricto sensu, it can be argued that the institution of disciplinary liability is specific to labor law by reference to the categories of persons who provide work outside of legal relationships.In labor law, the prerogative of direction is concentrated, by legal dispositions, in the hands of the employer. By respecting the legal norms, public order, rights and freedoms of employees, the prerogative of direction is the autonomous and unilateral product of the employer’s will. Subsequently, both normative and disciplinary prerogatives, as derivatives of directives, acquire the same quality.The existence of the individual labor contract makes it possible to apply disciplinary liability, as it is conceived by the Labor Code, only to those who acquire the status of an employee and the legal norms that regulate it preserve their immutable character at the level of any employer. However, the concrete content of disciplinary liability differs from one employer to another, due to the regulatory nature of it.The limited nature of the direct intervention of the legislator in the regulation of the prerogative of direction, of the normative and the disciplinary prerogatives gives specificity to the disciplinary accountability of labor law. Disciplinary liability can be regarded as a single form of liability by concentrating the disciplinary prerogative as a derivative of the power of direction under the law in the hands of the employer, by virtue of the negotiated nature of the individual labor contract that is the source of the employment relationship.
More...
This paper aims mainly at illustrating the manner in which two fundamental principles, namely the freedom to provide services and the protection of workers’ rights collided in the context of posting of workers in the framework of transnational provision of services within the EU territory, as well as the attempts to conciliate the two principles. Still, the questions whether the compromise reached through the adoption of Directive (EU) 2018/957 actually satisfies anyone. The final part of the study is dedicated to an analysis of specific cases where the rules concerning the posting of workers in the framework of transnational provision were applied by circumventing the ratio legis, i.e. in the case of intra group transfer of employees, thus debating the appropriateness of adopting regulations that are capable of responding to the challenges raised in practice.
More...