scholarly journals ABOUT THE LEGAL RESPONSIBILITY OF THE CENTRAL BANK IN MONETARY LAW

TEME ◽  
2020 ◽  
pp. 001
Author(s):  
Marko Dimitrijevic ◽  
Srdjan Golubovic
Keyword(s):  
Central Bank ◽  
Legal Protection ◽  
Legal Framework ◽  
Legal Responsibility ◽  
Legal Analysis ◽  
Compensation Mechanisms ◽  
National Bank ◽  
The Subject ◽  
Monetary Order

The subject of the analysis in this paper is to identify and evaluate the concept of central bank legal responsibility in the contemporary monetary law. In this regard, the research focuses on issues related to the need of clarifying and defining the nature, type and extent of central bank liability and compensation mechanisms for damage that may be caused to third parties in the implementation of the transferred lex monetae in practice. The first part of the paper focuses on the axiological and dogmatic analyses of the legal framework of the central bank, which is governed by the national monetary legislation sui generis, and the interpretation of different legislative solutions in the practice of comparative monetary law in the area of responsibility and legal protection of the central bank. The subject of special interest of the authors is the monetary-legal analysis of the relevant provisions of the Law on the National Bank of Serbia, since in their opinion, a clear determination of the responsibility of the supreme monetary institution is a precondition for its credibility, not only in national but also in the international monetary order, and a conditio sine qua non of creating a reputable and consistent national monetary jurisdiction.

scholarly journals Judicial Review in Date Protection Cases in Bosnia and Herzegovina and Comparative Jurisdictions

2021 ◽  
pp. 181-206
Author(s):  
Armina Čunjalo ◽  
Zlatan Omerspahić
Keyword(s):  
Judicial Review ◽  
Current System ◽  
Personal Data ◽  
Legal Protection ◽  
Legal Framework ◽  
Legal Analysis ◽  
The European Union ◽  
Personal Data Protection ◽  
Legal Standards ◽  
Judicial Protection

The paper analyses the issue of judicial review in personal data protection proceedings. The subject of analyses is a procedural safeguard and other peculiarities of the administrative dispute and the standard of administrative law protection in the mentioned proceedings and the role of the Court of BiH. A comparative legal analysis of administrative-legal protection in the same disputes within Croatia and Slovenia is conducted, together with the relevant legal framework of the European Union. The comparative legal analysis aims to determine the extent to which the domestic model of administrative-legal protection and legal standards of judicial protection is compatible with the solutions adopted across Europe. It draws attention to problematic and controversial solutions to domestic legislation. In conclusion, the authors propose several regulatory solutions which would bring improvements to the current system of judicial protection in domestic law.

scholarly journals White Sea Canal: the experience of ensuring transportation safety under the conditions of the first confessional agreements of the Moscovian State of the XVI-XVII centuries

2020 ◽  
pp. 40-52
Author(s):  
Aleksandr Ivanovich Sidorkin
Keyword(s):  
Transportation Safety ◽  
Legal Analysis ◽  
Administrative Monopoly ◽  
Normative Documents ◽  
Foreign Countries ◽  
State Practice ◽  
Sea Transportation ◽  
Archival Documents ◽  
The Subject

The subject of this article is the problems associated with ensuring transportation safety n the Moscovian State of the XVI-XVII centuries. The author examines the conditions and causal links that influenced the choice of certain measures for ensuring transportation safety. Analysis is conducted on the new to the Moscovian State practice of granting administrative monopoly on ensuring transportation safety to meet the interests of the representatives of certain foreign countries and corporations. The factors substantiating the implementation of administrative monopoly are explained. The algorithm for resolving the cases associated with infringement on the security of English transports in the Moscovian State is described. The scientific novelty of this research consists in determination of noncompliance of the goals of ensuring transportation safety that were claimed in the normative documents (Charters of the Russian tsars of the XVI-XVII centuries) with the actual capabilities and practice for its provision. The conclusion is made that the guarantees of the English sea transportation indicated in the charters of Moscovian tsars should be viewed merely as the declaration of good intentions, rather than factual help. The comparative legal analysis of archival documents allows establishing the fact the English kings interpreted charters of the Moscovian tsars on their own behalf, granting the English nationals the rights and privileges in the area of transportation safety.

scholarly journals ISSUES ON LEGAL PROTECTION OF PERSONS REPORTING CORRUPTION

2015 ◽  
Vol 1 (4) ◽  
pp. 0-0
Author(s):  
Екатерина Спектор ◽  
YEkatyerina Spyektor ◽  
Вячеслав Севальнев ◽  
Vyacheslav Sevalnev
Keyword(s):  
Public Interest ◽  
Legal Protection ◽  
Research Paper ◽  
The State ◽  
Institutional Framework ◽  
Legal Analysis ◽  
Protective Mechanisms ◽  
The Public ◽  
Compensation Mechanisms ◽  
Health Damage

This research paper explores the issue of legal and institutional framework for the protection of persons reporting corruption offenses in the public interest and to the state. This research is based on comparative legal analysis of the legislation in Russia and China. Authors explore ways of communication (internal and external), the creation of protective mechanisms that ensure safety of persons reporting corruption offenses, and measures to support them. Besides, this research is also aimed at searching solutions for establishing compensation mechanisms for such persons for the suffered material and health damage, which can result from reporting corruption offense.

scholarly journals Legal framework for functioning of collaborations

2020 ◽  
pp. 36-47
Author(s):  
Larisa Yur'evna Aisner ◽  
Elena Nikolaevna Sochneva ◽  
Mikhail Eduardovich Chervyakov
Keyword(s):  
Joint Venture ◽  
Legal Framework ◽  
Peak Efficiency ◽  
Legal Perspective ◽  
Standard Organization ◽  
The Subject ◽  
The Impact ◽  
Original Approach ◽  
Logical Research

The subject of this research is the legal framework for functioning of collaborations. The object of this research is collaboration as the integration of economic actors for the purpose of achieving peak efficiency.  The authors examine the distinctive characteristics of collaboration and standard organization, since collaborations are the representative of highly intelligent capital, which is efficient if managed properly, or may lead to destructive consequences otherwise. Special attention is given to such question as the impact of legal factors and their role in activity of collaborations. In the course of this research, the authors applied the methods of analysis, synthesis, comparative analogy, logical research, and institutional analysis. The following conclusions were made: - there are fundamental differences between a collaboration and a classical organization, which makes collaboration more flexible and efficient under the current circumstances; - from the legal perspective, collaborations can function in form of unincorporated joint venture. The novelty consists in the original approach towards determination of distinctive characteristics of a collaboration and a standard organization.

scholarly journals Approach towards classification of the types of legal responsibility

2021 ◽  
pp. 21-31
Author(s):  
Konstantin Evgenevich Shilekhin
Keyword(s):  
Social Relations ◽  
Scientific Literature ◽  
Legal Responsibility ◽  
Close Link ◽  
The Social ◽  
The Subject ◽  
Tax Fraud ◽  
Definition Of

The subject of this research is the social relations in the context of bringing to legal responsibility, as well as normative legal acts and scientific literature that reflect such relations. The problem of classification of the types of legal responsibility is relevant in the context of substantiation of the autonomy of its individual types. The attempts to substantiate the autonomy of one or another type of legal responsibility entail the revision of the grounds for classification. The goal of this article consists in revealing the natural grounds for definition of the concept of “legal responsibility” to build consistent and exhaustive classification. The main conclusion lies in determination of the criterion for classification of the types of legal responsibility. Emphasis is placed on the social relations underlying the legal relations, namely legal relations in the area of bringing to legal responsibility. On the example of responsibility for committing tax fraud, the article demonstrates the failure of attempts to find qualification criteria on the basis of the normative legal acts outside the entirety of social relations. The article determines the close link between social relations in the economic sphere, as well as their impact upon legal relations emerging in the context of bringing to legal responsibility as a whole and administrative responsibility in particular.

scholarly journals Member States and International Legal Responsibility

2015 ◽  
Vol 12 (2) ◽  
pp. 358-381 ◽  
Author(s):  
Catherine Brölmann
Keyword(s):  
International Organizations ◽  
Legal Framework ◽  
Legal Responsibility ◽  
Legal Analysis ◽  
Attribution Of Responsibility ◽  
Member States ◽  
International Responsibility ◽  
Legal Contexts

The ‘institutional veil’ of international organizations is the linchpin for legal analysis and appraisal of the role and interrelation of international organizations, member States and organs. Through this lens the article examines in semi-broad strokes the position of international organizations’ member States in the legal framework of international responsibility, with reference to pertinent provisions in the ilc ario. This leads to the finding that in (the discourse on) the establishment of responsibility there are four possible legal contexts, which have the institutional veil of the organization work out in different ways: subsidiary responsibility of member States (the proverbial ‘piercing of the corporate veil’); the attribution of conduct to member States; the ‘attribution of responsibility’ to member States; and the bypassing of the institutional veil to establish independent responsibility of member States, which is then connected by a material link to the wrongful act of the organization or to the injurious circumstances originally at issue. While in the context of subsidiary responsibility the institutional veil can be seen as consistently impermeable since the 1980s Tin Council cases, in the context of attribution of conduct the institutional veil of organizations appears to be increasingly contested, engaged with and challenged for transparency.

scholarly journals Legal regulation of digital services taxation in the European countries

2020 ◽  
pp. 32-46
Author(s):  
Mikhail Aleksandrovich Eremkin
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
European Countries ◽  
Practical Significance ◽  
Normative Documents ◽  
Theoretical Substantiation ◽  
Digital Services ◽  
The Subject ◽  
Scientific Value

The relevance of this research is defined by the fact that in modern realities, the economic activity is carried mostly by means of digital technologies, which requires amendment of legal regulation of the economy overall and tax relations in particular. The subject of this research is the normative documents of separate European countries (Austria, Hungary, Greece, Italy, and France) adopted in recent years and aimed at regulation of taxation of the digital international groups of companies. The goal of this work consists in determination of legal framework for implementation of digital services tax in certain Western European countries, as well as in identification of the problems caused thereof. Practical significance and scientific value of this work lies in the detailed description and systematization of the normative legal acts of the European countries that established the digital services tax on a unilateral basis, which made the information on promulgated laws within the framework of reforms in the European tax system more accessible for the Russian researchers. Based on the analysis of theoretical sources, the author outlines the legal problems and consequences of implementation of the new tax. The conclusion is made that digital services tax requires further theoretical substantiation and more detailed elaboration for overcoming legal uncertainty and compliance with the international legal framework.

scholarly journals PERSONAL INDEPENDENCE OF THE CENTRAL BANKS ON THE EXAMPLE OF BULGARIA, CROATIA, HUNGARY AND ROMANIA

2020 ◽  
Vol 20 (2) ◽  
Author(s):  
Miloš Stanić ◽  
Stefan Andonović
Keyword(s):  
European Union ◽  
Central Bank ◽  
Legal Framework ◽  
Central Banks ◽  
Theory And Practice ◽  
Special Focus ◽  
The European Union ◽  
Legal Norms ◽  
The Social ◽  
National Bank

The central bank represents institution that creates and implements monetary policy and has great impact on proper functioning of state and citizens and their welfare. Bearing in mind their role in society, it is of outmost importance to properly regulate their status and functions, especially in the field of ensuring their independence. As a matter of fact, over the last few decades, theory and practice have come to such opinion that is necessary to do so. Accordingly, the main subject of this paper is the analysis of the legal framework that enables the personal independence of central banks. Independence has several aspects. By using a comparative legal and normative method, on the example of four European countries from the region, which were members of the former communist bloc and are now members of the European Union, authors tried to find out certain legal solutions within these countries regarding personal independence of national bank management structures. Specifically, legal solutions are being explored in Hungary, Croatia, Romania and Bulgaria. Personal independence concerns issues related to the appointment of top central bank officials, and the duration of their mandate, as well as the conditions for their dismissal. The aim is to determine their common characteristics and at the same time the authors give some appropriate critical considerations. These countries were chosen because, in the historical and social sense, they went through what Serbia is going through in the process of joining the European Union. Also, it is assumed that they have met certain standards by joining the EU. It has to be noted that the goals guaranteed and proclaimed by legal norms do not always have to be achieved in practice. A special focus in the paper is made on the issue of personal independence of central banks in relation to the centers of political power. As a result of the analysis, the authors were free to address the fact that an appropriate legal framework is the first and necessary step towards achieving the proclaimed goals of independence. At the same time, however, one must be aware that this is the first step towards achieving real central bank independence. Also, we will add that the entire process of building personal independence takes time and it certainly cannot be obtained by a legal norm. This is where the social justification of the scientific study of this topic is reflected, because it encourages the development of awareness of the importance of this topic, as well as the development of critical thinking about it.

scholarly journals O przedmiocie ochrony prawnej przestępstwa paserstwa umyślnego

2020 ◽  
Vol 30 (4) ◽  
pp. 39-72
Author(s):  
Marta Zwierz
Keyword(s):  
Supreme Court ◽  
Legal Protection ◽  
Criminal Code ◽  
Criminal Offence ◽  
Legal Tradition ◽  
The Supreme Court ◽  
The Subject ◽  
Legal Arguments

This paper addresses the problem of classifying the criminal offence of handling stolen goods under the Polish Criminal Code of 1997. Referring to two separate and contradictory views about the crime, the study looks at both of them and attempts to define the subject of legal protection of that criminal offence in the Polish legal system. To this end, the paper also discusses a judgment of 26 June 2014 of the Polish Supreme Court (I KZP 8/14), in which the Supreme Court could not conclusively resolve the issue, creating even more doubts. The author questions the position of the Polish Supreme Court, arguing that it is not supported by either logical or legal arguments which would stem from the long-standing legal tradition. The author further argues that all problems arising from the determination of the good legally protected by the criminal offence as defined in Article 291(1) of the Polish Criminal Code result from the erroneous classification of criminal offences by the Polish lawmaker.

scholarly journals Zagrożenia cyberbezpieczeństwa sektora ropy naftowej, gazu ziemnego i energii elektrycznej w kontekście ewolucji technologicznej

2021 ◽  
Vol 30 (4) ◽  
pp. 333
Author(s):  
Wojciech Konaszczuk
Keyword(s):  
Human Life ◽  
Legal Protection ◽  
Basic Research ◽  
Research Problem ◽  
Energy Sector ◽  
Social Phenomena ◽  
Initial Assumption ◽  
The Subject ◽  
National Systems

<p>The announcement of the state of global COVID-19 pandemic, in addition to the negative health, economic and social phenomena, has triggered a massive phenomenon of transferring most aspects of human life to cyberspace. The last decade has shown a geometric progression of the growth of cybersecurity incidents worldwide, including the energy sector. This paper is a conceptual work, while the basic research problem refers to the determination of the level and area of cybersecurity regulation of the energy sector in the supranational, EU and national systems. The fundamental thesis is to confirm the initial assumption of insufficient degree of legal protection of the network, both in the systems of international and internal law. The main purpose is to demonstrate critical legal solutions that will result in the future in critical and serious incidents in the energy supply chain, as well as energy logistics. The originality of the study is associated with the attempt to compile separate legal systems, the subject of regulation of which is cybersecurity of the energy sector. The cognitive value for practice is associated with the indication of a unified conceptual grid and the indication of the main regulations of the issue.</p>

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