scholarly journals Interrelation of theoretical concepts of jurisprudence and legal practice (using the example of the category «legal subjectity»)

2021 ◽  
pp. 94-99
Author(s):  
V. A. Sichevliuk
Keyword(s):  
Practical Experience ◽  
Correct Interpretation ◽  
Legal Practice ◽  
Public Authorities ◽  
Basic Principles ◽  
Legal Entity ◽  
Theoretical Concepts ◽  
Legal Science ◽  
Organizational Integrity ◽  
Legal Entities

The article discusses the interrelation between theoretical concepts of jurisprudence and legal practice on the exampleof the category «legal subjectity». With an indication of real practical situations, the necessity of implementing the relevant theoretical achievements of legal science in the standards of practical legal activity is justified. It is noted that at the level of practice the integral content of legal categories, principles and other theoretical concepts of jurisprudence is inevitably operationalized and takes the form of terms. At the same time, the requirement for the unambiguity of the latter creates a constant need for practice in interpreting their content. The correct interpretation of the terms involves a combination of the achievements of theory and practical experience. Deviation from this rule leads to errors in terminology and mistakes in the interpretation of law. Attention is drawn to the need of using in the texts of judicial, administrative, contractual, and other documents the correct wording on the legal subjectity of separated units and governing bodies of legal entities. The contradictions of the notion of «complex legal entity» are also highlighted. Examples are given of how the legislative acts of Ukraine in some cases do not correspond to the basic principles of the legal entity institution, allowing the existence in the internal organizational space of legal entities of other legal entities. It is emphasized that this status of structural subdivisions of organizations and public authorities contradicts the need to ensure their organizational integrity as subjects of law, endowed with a complete kind of legal subjectity, namely «personal legal subjectity». Keywords: theoretical concepts of jurisprudence, category «legal subjectity», legal entity, personal legal subjectity, structural division of a legal entity.

scholarly journals CORPORATE LAW AND CORPORATE CULTURE AS A MEANS OF INFLUENCING EFFICIENCY

2020 ◽  
Vol 1(13) ◽  
pp. 97-103
Author(s):  
Oksana Korolovich ◽  
◽  
Maryna Resler ◽  
Vasyl Pihosh ◽  
◽  
...  
Keyword(s):  
Corporate Culture ◽  
Positive Impact ◽  
Basic Result ◽  
Practical Experience ◽  
Corporate Law ◽  
Practical Significance ◽  
Culture Form ◽  
Basic Principles ◽  
Corporate Rights ◽  
Legal Entities

Corporate law and corporate culture are a set of means of multidirectional influence on the efficiency of corporate legal entities, using the means of generating the effects of influence on efficiency in general, affecting specific numerical indicators of activity. In addition, corporate law regulates the relations that may arise during the creation, implementation and termination of economic activity, determines the means, forms and structure of the organization. The purpose of the article is to determine the features and basic principles by which corporate law and corporate culture form models of behavior that help achieve goals and optimize certain processes in the activities of corporate legal entities. The research methodology is based on the methods of logical analysis. In addition, the study used the method of critical analysis of scientific literature and practical experience. The results of the study allowed us to consider corporate culture and corporate law as specific means of modeling staff behavior or management. They are such tools that form a scientific novelty and allow to achieve such an image of staff interaction that is acceptable for the efficiency of corporate legal entities. This is especially true because corporate rights are subjective in nature and arise within a specific relationship based on objective law. The basic result that forms the novelty was the structuring of corporate culture and corporate law, which is implemented in terms of: model basis, which determines the features and basic principles of influencing the behavior of staff; patterns of behavior in the organization, which determine the internal environment, where each employee invests in a common goal (efficiency of the enterprise). The study of the model basis of corporate culture and corporate law, models of behavior in the organization allowed to outline the basic principles by which they positively affect the efficiency of corporate legal entities. The selected principles of corporate culture and corporate law provide a positive impact on the efficiency of corporate legal entities, only if the formation of clan or adhocratic types of corporate culture. The practical significance of the study is to identify elements for software development that will help corporate entities to involve employees in work processes, as well as to create and strengthen corporate culture. Keywords: corporate culture; corporate law; efficiency; corporate entity; personnel model or type of behavior

scholarly journals Problems of Determining the Guilt of Legal Entities in Administrative Law

2021 ◽  
Vol 7 (5) ◽  
pp. 413-417
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Administrative Law ◽  
Civil Code ◽  
Legal Entity ◽  
Central Focus ◽  
Legal Science ◽  
The Russian Federation ◽  
Definition Of ◽  
Legal Entities

The problem of determining the guilt of a legal entity for an administrative offense is currently very relevant in legal science. This problem is the central focus of this work. However, in order to fully disclose the problem of determining the guilt of legal entities, the article highlights the problems that are associated with the concept of a legal entity and its essence. The presented paper lists the approaches to determining the essence of a legal entity. The concept of a legal entity in accordance with the Civil Code of the Russian Federation is given. The article analyzes the concept of a legal entity under civil law with the concept of an organization, which is defined in the science of sociology. This article gives the concept of a collective subject. And also, the correlation of the concept of a collective subject and the concept of a legal entity is considered. Further, the article identifies three main approaches to determining the guilt of legal entities in administrative law: subjective, objective and complex, and also expresses the opinion of the authors of the article about the approaches under consideration. The paper presents the author’s conclusions and possible solutions to problems related to the concept of a legal entity and the definition of the legal entity’s guilt in administrative law for administrative offenses.

сила синергії у проявах правової науки: міждисциплінарне дослідження

2019 ◽  
Vol 24 ◽  
Author(s):  
М. Д. Василенко ◽  
В. М. Слатвінська
Keyword(s):  
Scientific Knowledge ◽  
Synergetic Effect ◽  
Nonlinear Dynamic System ◽  
Essential Difference ◽  
Basic Principles ◽  
Theoretical Concepts ◽  
Legal Norms ◽  
Legal Rules ◽  
Legal Science ◽  
Theory Of Law

The article discusses the concepts of “synergy”, “synergetics”, “synthesis” and “synergetic effect”. It is noted that it is synergetics that studies synergy and synergetic effects. It is established that the essence of synergy is revealed through the spectrum of its properties (emergences). With the help of synergetic approach, the character of system connections between elements (components) of complex system formations is investigated. Law is represented as a complex, non-equilibrium, open, nonlinear, dynamic system. It is found that an important condition for synergy is compliance with the basic principles of organization and self-organization. The power of synergy in the theory of law is manifested and extends to various branches of legal science, in particular, it is shown how it affects economic law. Recognizing the position of I.R. Prigogine on instability and instability in nature as fundamental characteristics of the Universe the authors urge not only to look differently at the previous theoretical concepts of the construction of the Newtonian-Laplacian type, but also to some extent to re-evaluate the variability of even the system of law, in particular economic (innovation), and the process of innovation development in General. Attention is focused on the influence of the synergy force in the study of legal phenomena using the synergetic approach. The opinion of G. Haken concerning the manifestations of the essence of synergetics is discussed. It is established that the essential difference of synergetics, which significantly distinguishes it from other traditional methods of scientific knowledge, is that any legal phenomenon in the process of its study with the help of the synergetic method must be investigated both from the outside and from within. Scientific approaches to understanding the concept of “synergy” are revealed, and the power of synergy in legal science is determined. The arguments in favor of the use of synergetics in the study of legal phenomena are presented. Attention is drawn to the fact that the system chooses for himself the most appropriate form of regulation of relations that best reduces the level of entropy in the system requires less cost, i.e. causes fewer disturbances, it applies scientific knowledge in General, that is, the legal system, the prediction result of legal rules and timing advanced training of legal norms and legal relations.

scholarly journals The Modern French Laws on Criminal Liability of Legal Entities

2018 ◽  
Vol 2 ◽  
pp. 68-76
Author(s):  
Aleksandr V. Fedorov ◽  
Keyword(s):  
Criminal Liability ◽  
Legal Practice ◽  
Legal Science ◽  
Legal Entities ◽  
Modern Russian

The article surveys the French laws on criminal liability of legal entities including a review of legal entities as subjects of criminal liability and the types of crimes, which can result in bringing of legal entities to criminal liability. The author notes that bringing of legal entities to criminal liability in France does not exonerate natural persons acting as executors or accomplices in the actions related to the criminal actions of legal entities. At the same time, legal entities can be brought to criminal liability together with natural persons or on a standalone basis (separately from any natural persons). The article gives statistic data and examples of bringing legal entities to criminal liability. The author concludes that the review of the issues of criminal liability of legal entities abroad is relevant for the modern Russian legal science and legal practice.

DEPENDENCE OF THE COMPANY'S LEGAL PERSONALITY FROM THE PERSONALITY OF ITS SHAREHOLDER AS A TREND OF LEGISLATION AND LAW ENFORCEMENT PRACTICE

2021 ◽  
Vol 14 (2) ◽  
pp. 52-58
Author(s):  
MARIETTA SHAPSUGOVA ◽  
Keyword(s):  
Law Enforcement ◽  
Limited Liability ◽  
Complete Separation ◽  
Socialist Economy ◽  
Legal Entity ◽  
Legal Personality ◽  
Long Time ◽  
Law And Legislation ◽  
Market Relations ◽  
Legal Entities

The concept of a legal entity as an independent legal entity, independent distinctiveness of its participants was formed gradually. In the Fatherland Law, it reached its climax in the Soviet era. It was then that such classical features of a legal entity were formulated as organizational unity, property isolation, and independent responsibility. The economic system drove this approach. In a planned socialist economy, an individual could not be the owner of the means of production, and therefore the legal personality of an enterprise was maximally alienated from a person's personality, which was reflected in its characteristics. For a long time, by inertia in Russian law and legislation, this alienation of the shareholder's personality from the legal entity's personality was preserved. The reason for the revision of this approach was the abuse by limited liability participants of legal entities controlled by them, using such a person as a "mask" for their activities and leading to a violation of creditors' interests. In this regard, with Russia's transition to market relations, an interest arose in the foreign theory of corporate law, which developed mechanisms to combat such abuses, studies of corporate forms of a legal entity, and mechanisms for bringing controllers and beneficial owners to justice were updated. The article examines the dynamics of the transformation of a legal entity's theory from dependence to independence and again to its dependence. It is argued that the shareholder's connection with the legal entity is preserved, and complete separation of the legal personality from the shareholder's personality is impossible, which is confirmed by the doctrine, law enforcement practice, and trends in the development of legislation on legal entities.

scholarly journals Tanggung Jawab Notaris Menggunakan Layanan Ditjen Ahu Online Dalam Hal Pendaftaran Akta Dan Pengesahan Badan Hukum

Acta Comitas ◽  
2020 ◽  
Vol 5 (3) ◽  
pp. 492
Author(s):  
I Gede Agus Yudi Suryawan ◽  
Dewa Nyoman Rai Asmara Putra
Keyword(s):  
Human Rights ◽  
Data Entry ◽  
Conceptual Approach ◽  
Legal Entity ◽  
Administration System ◽  
Directorate General ◽  
The Republic ◽  
Legal Administration ◽  
Legal Entities

In accordance with the Decree of the Minister of Justice and Human Rights Number M-05 HT.01.01 of 2002 concerning the Enforcement of the Legal Entity Administration System at the Directorate General of General Legal Administration of the Ministry of Justice and Human Rights of the Republic of Indonesia, determines that all legal entity settlements include the ratification of the deed of establishment PT, application for approval and submission of deed reports, amendments to articles of association, fiduciary registration, will registration, are carried out with the online Legal Entity Administration System. So the notary has the authority to register all these legal acts online. The purpose of this research is to find out the role of the Notary in registering deeds and legalization of legal entities through the Directorate General of AHU Online services and to find out the responsibilities of the Notary if there are problems in registering deeds and legal entity approval through the services of the Directorate General of AHU Online. This study uses a normative juridical research method using a statutory approach and a conceptual approach. The results of the research, namely, the role of the notary in registering deeds and ratifying legal entities is entering deed data, checking all deed data to avoid data entry errors and the notary has the responsibility if there is an error from the notary's office, the notary will make corrections at a cost of Notary, however in this regard there is still cooperation from the applicant regarding the required data.

scholarly journals Possibilities and restrictions of the implementation of mediation in domestic violence cases

Temida ◽  
2010 ◽  
Vol 13 (3) ◽  
pp. 25-40
Author(s):  
Vera Despotovic-Stanarevic ◽  
Tamara Dzamonja-Ignjatovic
Keyword(s):  
Personal Responsibility ◽  
Violent Behavior ◽  
Interdisciplinary Approach ◽  
Basic Principles ◽  
Theoretical Concepts ◽  
Family Mediation ◽  
The Family ◽  
Basic Concepts ◽  
Circular Causality ◽  
Efficient Work

This paper presents a model of the implementation of mediation in cases where a power disbalance between partners exists. The model includes relevant theoretical concepts which are important for understanding of violence phenomenon in the family, and the contemporary approaches to the work on balancing unequal power in relationships. In creating the model of family mediation in cases including violence, some basic concepts of mediation procedures are modified or adjusted (neutrality, confidentiality), as well as the concept of circular causality and complementary relationships from a systemic perspective. Implementation of interdisciplinary approach is proposed for efficient work on balancing the power in relations and using various working domains. The confession of violent behavior and the acceptance of personal responsibility by the offender, and the readiness of both sides to take part in restoration of a relationship are basic principles of restorative justice that is fundamental for victim- offender mediation. Therefore, those conditions are also necessary for a family mediation in cases including elements of violence, if the security for the victim is provided and guaranteed.

scholarly journals The Development of the Legal Position of Legal Entities in Russian Criminal Proceedings

2021 ◽  
Vol 2 ◽  
pp. 48-53
Author(s):  
Galina I. Sedova ◽  
◽  
Yulia V. Drazhevskaya ◽  
Keyword(s):  
Historical Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Legal Entity ◽  
State Register ◽  
Procedure Code ◽  
Legal Position ◽  
The Russian Federation ◽  
Definition Of ◽  
Legal Entities

The current Criminal Procedure Code of the Russian Federation, while securing the opportunity for a legal entity to participate in criminal proceedings, does not establish which organizations are to be understood as a “legal entity”. In this regard, this concept in the criminal process is often identified with the civil-legal definition of a legal entity, leaving behind its framework organizations that are not subject to registration in the Unified State Register of Legal Entities. Meanwhile, historical analysis indicates that legal entities were participants in criminal procedural relations long before the concept of “legal entity” was consolidated in civil legislation, as well as the establishment of the procedure for their registration. At the same time, starting from the XI century, the possibility of participation of legal entities in the criminal process was determined by criteria that have not lost their relevance at the present time.

scholarly journals THE INFLUENCE OF PUBLIC AUTHORITIES OF THE CONSTITUENT ENTITIES OF THE RUSSIAN FEDERATION ON THE DEVELOPMENT OF INDUSTRIAL ENTERPRISES AND CORPORATIONS

2020 ◽  
Vol 20 (4) ◽  
pp. 135-143
Author(s):  
O.V. Loginovskiy ◽  
◽  
A.S. Khaldin ◽  
A.A. Shinkarev ◽  
◽  
...  
Keyword(s):  
Russian Federation ◽  
Practical Experience ◽  
International Markets ◽  
State Regulation ◽  
Public Authorities ◽  
Industrial Enterprises ◽  
Modern Business ◽  
Business Conditions ◽  
The Russian Federation ◽  
Theoretical Developments

It is shown that in connection with the ongoing financial and economic crises in the world, as well as a sharp aggravation of competition in the international markets of industrial products and a number of other factors, the issues of increasing the efficiency of industrial enterprises and corporations in the regions of the country need a more comprehensive and comprehensively thought-out justifica-tion. Purpose of the study. It is advisable to develop a set of scientific provisions and recommenda-tions for the analysis of the activities of industrial enterprises in the regions, which would contribute to the purposeful development of the economy of the constituent entities of the Russian Federation in modern business conditions. Materials and methods. The materials and methods used are out-lined by the content of theoretical developments and practical experience obtained in the process of researching the development of the economy and industry of the regions of the Russian Federation. Results. The list of scientific provisions and recommendations for increasing the effectiveness of the influence of state authorities of the constituent entities of the Russian Federation on the develop-ment of industry and economy of the country's regions has been substantiated. The composition of methods of state regulation in the economy and industry of the regions is presented, a list of the main tasks of the industrial and economic block for state authorities of the constituent entities of the Russian Federation, as well as the functions and mechanisms of their implementation, is pre-sented. Conclusion. The development of the economy and industry of the regions of Russia should be carried out using the scientific provisions and recommendations presented in this article, which will allow, when forming management decisions, to take into account factors and justifications that were often unused before.

scholarly journals MODERN LEGISLATION REGULATING STATUS OF LEGAL ENTITY

THE BULLETIN ◽  
2021 ◽  
Vol 2 (390) ◽  
pp. 250-255
Author(s):  
K. S. Zhylkichieva ◽  
A. A. Kalybaeva ◽  
G. Zh. Koshokova
Keyword(s):  
Civil Law ◽  
Criminal Code ◽  
Civil Code ◽  
Kyrgyz Republic ◽  
Legal Entity ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Law ◽  
General Regulation ◽  
Legal Entities

The article analyzes using the normative and systematic methods, as well as analysis and synthesis, the content of the statements of Constitution of the Kyrgyz Republic, Civil Code of the Kyrgyz Republic, Criminal Code of the Kyrgyz Republic, the Law of the Kyrgyz Republic «About Normative Legal Acts of the Kyrgyz Republic», the Law of the Kyrgyz Republic «On the Regulations of the Jogorku Kenesh of the Kyrgyz Republic» and the works of the legal scholars. It examined the provisions of laws adopted for general regulation and concludes they are serious problems, because of them there is a "blurring" of the contour of the legislation on legal entities in the article. The publication supports the opinion of the authors of the Concept for Development, according to which the regulation of the status of legal entities in the civil legal field can be characterized by a set of the laws and regula-tions in force in the Kyrgyz Republic, which do not always correspond to each other, as well as to the Civil Code. The low legal and technical level and ineffectiveness in practice are also shown by some adopted laws. It noted the Civil Code of the Kyrgyz Republic, adopted on May 8, 1996, created the new foundation for the regulation of legal entities, which was supplemented by many new laws over the next decades in the article. The authors come to the conclusion the fairly honest assessment can be applied to the established regulation – that with the main vector of development of the Concept of Civil Legislation in Kyrgyzstan, in general, there is an economic, social and well-grounded the logic and generally justifiable modern civil law in relation to legal entities. But at the same time, for many problems, correct solutions have not yet been found and no efficiency ratings have been given.

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