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The concept and system of regulators of interactions within the scope of business law are considered in the paper. The value of scientific analysis of the system of regulators functioning in the studied sphere is shown. Differences between these regulators and those ones in other legal entities are discussed. Trends and prospects in the development of the system of regulators in business law are revealed.
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The protocol on accession of the Russian Federation to the WTO differentiates the obligations of Russia. The obligations provided by paragraph 1450 of the Report of the WTO Working Group which is part of the Protocol, including those concerning intellectual property, were supposed to be executed before accession to the WTO. Therefore, there are grounds for recognizing that it is currently impossible to enforce norms allowing representation of authors (owners) without contract, such as regarding collection of compensation for violation of the exclusive right, at the territory of Russia.
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The paper examines problems associated with the formation of the Russian institution of restrictions on property rights in the interests of neighbors (neighbors’ rights). The purpose of the research is to develop a theoretical basis of the category of neighborly (proprietary) law for further improvement of the Russian legislation. The concept of neighboring law is defined as a set of civil law norms establishing the forms of permissible effects of the land owner on the neighboring land plot and their limits, responsibilities of the neighbor to tolerate these effects, as well as norms regulating the relations between neighbors in the event of trespass, including the manner and means of protection. A system of neighbors’ rights is developed and suggested for inclusion in the Civil Code of the Russian Federation. The content of neighbor's rights is justified as the obligation of the land owner not to prohibit any effects from the neighbor to the extent permitted by the law, as well as to demand protection of the violated rights in case of unallowable impact of the neighbor. The ineffectiveness of modern means in the Russian law to protect the rights of neighbors based on public legal regulation is proved. Reasons are given for the need to introduce private legal regulation of the relations between neighbors.
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The paper considers the problems of the right of consumers to information. The purpose of the research is to develop a complex scientific idea for implementation of the right to information as the actual legal transition to the system of consumer relations. The following problems are solved during this research: to identify gaps in the legal regulation of obligations imposed on entrepreneurs; to provide analytical data of the controlling and judicial authorities, which confirm the increased threat of violation of the rights of consumers to information; to present a scheme of the civil legal mechanism for implementation of the right of consumers to information; to analyze the formation and expression of intentions as stages of the mechanism for implementation of the right of consumers to information. The research is carried out with the help of dialectic, systemic, and structural methods. The conclusion is made that gaps in the legal regulation of obligations imposed on entrepreneurs are associated with the lack of standards for disclosure of information in the sphere of consumption of goods, works, and services. The obtained analytical data of the controlling and judicial authorities confirm the increased threat of violation of the rights of consumers to information. The scheme of the civil mechanism for implementation of the right of consumers to information helps to understand the essence of obstacles for transition of consumers to the system of the consumer relations which are formed in practice. The formation and expression of intentions serve as stages of the mechanism for implementation of the right of consumers to information, which are structurally involved in the general civil legal mechanism of implementation of the rights of consumers, since implementation of the information opportunities enables free, if not particularly competent, choice of goods with the high probability of consumption of goods, works, and services complying with the safety and quality standards. The existing obstacles in implementation of opportunities that are pledged in the subjective right to information do not promote actual implementation of the system of other subjective rights of consumers. The author is convinced that enhancement of the existing Russian consumer protection law for the purpose of ensuring secured implementation of the right of consumers to information on the basis of accomplishment of precautionary and preventive functions by the standard massif is necessary.
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The purpose of this research is to define the fundamental categories of corporeal right. In order to fulfill this purpose, the following objectives have been set: firstly, the principles of legal regulation of the corporeal relations should be singled out; secondly, the signs of corporeal right as a generic category combining its numerous versions should be formulated; thirdly, the properties or most important attributes of corporeal right should be determined. The research tasks have been solved with the help of the general scientific methods, such as dialectics, analysis and synthesis, abstraction and specification. Furthermore, some special methods were used: comparative legal method, technical legal method, legal modeling, and historical legal method. The obtained results are specific provisions formulated by the author as three major elements of the general provisions of corporeal right. The first conclusion is that the principles of corporeal right constitute fundamental ideas for civil regulation of the public relations in the sphere of accessory of material benefits. These principles are important for corporeal right as a separate subbranch of civil right. They should be useful for creation of regulations, i.e., in law making, and law enforcement activities. The second conclusion is that the signs of corporeal right as of a special civil category reflect the specifics of subjective corporeal right. They characterize the features of object, content, and mechanism of its civil protection. The third conclusion is that the main properties of corporeal rights are considered exclusiveness, right of benefit, and right of following. The practical value of the research consists in that its conclusions can form a theoretical basis for enhancement of the civil legislation in the sphere of corporeal rights.
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The author tries to prove the existence of reasonable grounds for separating commercial (trade) law as a particular legal specialty. The author concludes that viewing commercial (trade) law as an independent specialty will improve the level of scientific research in the area of legal regulation of commercial (trade) relations, development of legal science, and contract practices in the sphere of commerce (trade).
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In the era of globalization and competition, the European Union for many years is trying not to fall behind the world’s economic powers, including in the field of ICT. Since 2000 EU prepares strategy for its sustainable growth. The growing demand for data will entail to all sectors of the economy by digital elements. However, to be able to do remotely, quickly and effectively use the benefits of ICT must first establish a consistent, multi-sectoral and interoperable model of cooperation and regulation, which will be Single European Digital Area. Its creating is a long and complicated process that requires mainly homogeneous and obligatory legal regulations related to the cooperation countries at the institutional level and national level within the EU. Digital Single Market is one of the most important elements of Single European Digital Area. It’s the result of strategy aims of European Union from 2010 to 2020. Digital Single Market is helping in European firms’ development in the World and in consequences to guarantee position global electronic leader for EU. An important step in achieving the objectives Single European Digital Area is adopting a regulation eIDAS, the needs of cross-border authentication. It is legal act that guarantee certainty and clarity law on electronic identification and it is modern tools of authentication of electronic data.
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Respect for the rights of an investor’s ownership is one of the most important elements to be taken into account by an investor when deciding whether to launch an investment project in a third country. The purpose of this article is to discuss issues related to the institution of indirect and creeping expropriation in international investment law and to provide legal differences between these two institutions. In the following text, reference is made to the concept of direct expropriation known under domestic law, presenting differences about indirect and creeping expropriation, which are both unknown in Polish civil law. Differentiation of expropriation clauses shall require the presentation of how these institutions developed in public international law in the period after the World War II. The text analyses clauses present in international investment law contained in the universal treaties, regional treaties, agreements, multilateral agreements, as well as in bilateral investment treaties. The article presents the current law cases of international arbitration tribunals that have developed criteria that should be met to interpret state actions as indirect and creeping expropriation. In some cases, intervention by the state in the investor’s property is allowed for the purposes of economic regulation and is justified due to the public good or public welfare. The final part of the article discusses the category of such actions taken by the host country, known as the regulatory measures. These actions, under certain conditions, may be legal and carry no obligation to compensate.
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The paper goal is to review and summarize the procedure of appointing and conducting forensic examination on economic issues.The following is singled out within the forensic economic examination: accounting and taxation documents examination, examination of documents on the economic activity of enterprises and organizations, and examination of documents related to financial and credit transactions. We have reviewed the terms and conditions of appointment and conduction of forensic examination on economic issues in the procedural legislation. Expert's certain rights, obligations and responsibilities in the Criminal Procedure Code of Ukraine, the Civil Procedure Code of Ukraine, the Commercial Procedure Code of Ukraine and the Code of Administrative Court Procedure of Ukraine.It has been established that, in general, the appointment and conduction of forensic analysis as well as forensic expert's rights, obligations and responsibilities in the procedural legislation are similar.
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The purpose of article is the development of theoretical and practical approaches to improve the mechanism of levying of first vehicle registration fee.Foreign experience of the mechanism of levying of car registration taxes (fees), based on carbon dioxide emissions and fuel consumption, is studied. Established that environmental car registration taxes (fees) are an important source of budget revenues, spread of production and sales of low carbon and environmental vehicles. In basis of „new” first vehicle registration fee laid a provision whereby persons, who are responsible for pollution, should bear the cost for it, is offered. It will reduce the number of vehicles that do not meet international standards of environmental safety.The proposed measures will enable to increase tax revenues, ensure economical use of energy resources, and improve the ecological situation in the country and regions.
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In the paper author analyzed and evaluated the Social-Democratic Party of Serbia that had been established in December 2009 in Belgrade and attempted to make a prognosis regarding its role and place in society and political life in Serbia. Transition in Serbia, despite the warnings of numerous experts, has been going on paying the high price in the form of de-industrialization, high and permanent unemployment and poverty. The highest price was paid by the labor force in industry. Process of privatization that has been going on by the Law on Privatization has not provided for one of strategic objectives of economy: a strong domestic sector of small and middle-size companies (SMC), but instead it created a dependent economy ruled by a monopoly of multinational companies. In addition, due to the world economic crisis, the export process has stagnated, affecting the rise of the debt of the state in the period after 2008. In such situation, the Social-Democratic Party was established and in the paper the author analyzed and evaluated the program documents (Statutory Acts) that had been adopted on the party establishment congress. The programme encompasses all important questions of public life, including the reform of courts, local administration, social-market economy, improvement of the system of public health, education, cul¬ ture and environment. The programme of SDP also contains some strategic iedas on economic developement, including the public works and investments info the sector of energy and agriculture. It also suggests provision of more social help to single parents, unemployed people and old people. The author questioned how the money necessary for all these task could be provided without putting additional burden of public debt on the economy and all the citizens and suggested that the party took this issue into consideration, along with the attempt to help the economic growth of the state.
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The article analyses the most important problems related to governance of the Polish energy sector prior to the adoption of the 2030 EU Climate and Energy Policy Framework. The document was to introduce major changes in the Polish energy mix due to restrictions placed upon the emissions of the CO2 and requirements related to the renewable sources of energy. The paper argues that in fact this overshadowed the pre-existing management problems of the Polish energy sector, in many aspects more serious than the provisions of the Framework itself.
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Rule of law is one of the main pillars of democratic systems. The post-communist countries of Central and Eastern Europe inherited deleterious legacies regarding rule of law, which made their path to democratisation fraught with difficulties. However, it remains unclear as to how communist judicial legacies and post-communist reforms interact to affect the establishment of the rule of law. Therefore, the purpose of this article is to examine the factors determining the establishment of rule of law in postcommunist countries with a particular focus on Albania. The theoretical framework used is the ‘four-factor explanatory model’ of post-communist trajectories, focusing on (i) pre-communist experience and cultural patterns, (ii) communist regime legacies, (iii) elite strategic choices in early transition, and (iv) external influence. By analysing the impact of these factors in the Albanian case, the article aims to clarify the mechanisms that affect the establishment of the rule of law in countries similar to Albania.
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The income of self-governing regions in former Hungarian Kingdom from crafts and trade represented a very important part of their budget. Nobility issued the regulations for prizes of various goods and local measures. Those legal rules were considered the most significant jurisdiction in those autonomous regions. The study wants to present regional noble counties of Bratislava, Nitra, Tekov and Spiš and their economic activities during the 17th and 18th centuries.
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This article on the status of the family in the Czech legal order is based on legal norms, but it cannot be limited to them because they have not defined the legal concept of the family for decades and they refer rather to the concept of marriage. Specification of the understanding of the family thus has become left more to sociology. Therefore, it has been necessary to extract this definition also from other official documents, such as the documents of the Ministry of Labour and Social Affairs of the Czech Republic, which is responsible for the development of state strategic documents in the area of family and marriage. From these documents, there follows a clearer understanding of the family, which, until 2015, was characterised by the support of marital families. This resulted in preferences of marriage in determining parenthood, in adoption and in the use of economic instruments, especially tax reductions. The proposed new concept of family support from the end of 2016 retreated from a clear value distinction, and thus leads to such a wide definition of the family that this has become a subject of contention between ministries of the Czech government, those in the professional sphere, and those in the area of non-governmental organizations. At the same time, this concept surrenders its attempt to actively influence social reality through measures in favor of marriage, all of which are still the most effective economic benefits for spouses, with reference to the principle of non-discrimination. The area of family and marriage is the subject of deep dispute and it is good that these questions have clearly entered the public social debate, even though it is not clear what results this will bring. In this situation, a clear statement has been issued by the Czech Bishops’ Conference in favor of the marital family as the only standard model of the family.
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During the Roman Republic, Roman magistrates acted as censors, who entered into contractual activity with private entities of the societates publicanorum, which ultimately produced credits for the civitas Romana. The consequence was that the payments which supplied the cash flows of the government were determined through the activity of the censors as Roman magistrates. The strategy of the Roman fiscal policy may be synthesized by the fragment of Liv.39.44.7: "… et vectigaliasummispretiis, ultrotributainfimislocaverunt". Based on this fact, we may conclude that these ultro tributa were the subject matter of a contract, where the locator was the Roman State through its censors and the conductor were the societates publicanorum, which exercised their duties towards the SPQR. The aim of this article is to outline the significance of the societates publicanorum in the period of the Roman Republic as a remedy for the decentralization of public finances. Also, the Roman Republic practices of public building and services accomplished on contractual basis by private subjects with the money of the State are widely accepted nowadays within the modern institute of public-private partnership.
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The purchase, exchange, mortgage, alienation and bequest of real estate, as well as their offer to ecclesiastical institutions as pious donation was a general phenomenon in late medieval Hungarian market towns. Free disposition of various pieces of property – plots, houses, arable, mills, pasture, and before all vineyards – was an everyday and widely accepted occurrence. Supervision of real estate trade was a basic duty of the town council, a task it discharged on the basis of the town’s own customary law. It was the same body which put such matters to writing, and, although the ensuing real estate contracts were meant to have a limited, local degree of authenticity, practice proves that their legal binding force was in fact acknowledged by extensive social groups, both local and outsider. The present study explores the content of this customary law and its practical application in the market towns of northeastern Hungary in the late middle ages. Some of the legal institutions applied in such transactions were known throughout the country, and can thus be regarded as parts of national (noble) law. As examples can be cited the procedure employed at depositions, standing as guarantee, frivolous prosecution, or the taking into account of the right of pre-emption by kinsmen, but also demonstration by charters or witnesses in lawsuits. Other legal customs, however, were either restricted to certain areas, or otherwise common nationwide, but limited to the peasantry. Such was, for instance, pledging by drinking toast, the previous lodging of the estimated value of a piece of property in case of litigation, or, in the region of the Hegyalja, the sealing of land transactions with a delay of a year and three days, a practice evidently introduced with a view to prevent problems connected to the right of pre-emption. In forming this customary law the peasantry could rely on several legal sources. Part of the consuetudo no doubt filtered down to the local custom of the market towns from national law through the mediation of the literacy pursued by the so-called places of authentication (loca credibilia) and public notaries. Another such source may have been the legal practice of the free royal towns, which resembled parallel practice in the market towns in several points. Moreover, the dispositions of the letter of privilege granted to the town (if there existed one) were also respected. But there also existed procedures which had evidently emerged among the peasantry in the course of past centuries. By the late middle ages these different legal customs had frequently merged in distorted forms, and thus created the various customary laws which were proudly referred to in the charters of local communities (ius, mos, libertas, consuetudo etc.).
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The 1879 Constitution of Turnovo gives liberal direction to the economic development of Bulgaria. The constitutional text proclaims equality of ownership and its inviolability. Citizens are not limited in their right to economic initiative and association. The state regulates taxation and the allocation of budget funds using the modern European practices. The economic backwardness has pushed the country's political elite to create and speed up the modernization process through a system of economic ministries.
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In the period from 1894 to 1928 Bulgarian governments passed four acts of encouragement of local industry. The researchers usually have negative attitude to these acts as protectionist measures, which are controversial to free market. The aim of this paper is to show the “kitchen” of passing the 1928 act. The author reveals the positions of parliamentary parties towards industrial protection in general. Some MPs and business organizations played the role of a lobby for proposal of some perspective productions, but some of them gave their support to the branches, which were in crisis. Against tax concessions there were protests from the political opposition, but also from MPs of the governing party. Only two years after passing the act was revised.
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This paper elaborated clauses of corporate social responsibility as government policy and its implication to the international investment agreement. It is also explore the main sets of ideas and the theoretical framework that form the basis of CSR as introduced in article 15 of Investment Law. The analysis exposes the role of social responsibility and environment management as an obligation in protecting the interest of the states; investors; peoples and comparing it with the Prohibition of Performance Requirement (PPR) as mostly introduced in international investment agreement, particularly in investment chapter under FTA.
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