Journal of Advanced Research in Law and Economics最新文献_第2页

Entrepreneurship Development Trends in Perm and Sverdlovsk Region 彼尔姆和斯维尔德洛夫斯克地区的创业发展趋势

Journal of Advanced Research in Law and Economics Pub Date : 2020-06-15 DOI: 10.14505/jarle.v11.3(49).35

M. Rudenko

{"title":"Entrepreneurship Development Trends in Perm and Sverdlovsk Region","authors":"M. Rudenko","doi":"10.14505/jarle.v11.3(49).35","DOIUrl":"https://doi.org/10.14505/jarle.v11.3(49).35","url":null,"abstract":"Increasing the level of entrepreneurial activity is determined by the extent to which its development is necessary to form a sustainable functioning of the region or the country as a whole. The relevance of the study is determined by the fact that the formation of entrepreneurial activity at the moment occurs only where there is a basis for social interaction between the subjects of entrepreneurship and society. The novelty of the study is determined by the fact that the paper uses a cluster approach, which allows to distinguish level estimates of the conditions of development of entrepreneurial activity. The author shows that the conditions for social interaction are the driver for development in the conditions of increasing the level of individualisation of social interaction. The article shows that social conditions determine the development of a new form of standardisation of entrepreneurship in the form of social entrepreneurship. The author demonstrates the mechanism of development of social entrepreneurship and the possibilities of its implementation both in the conditions of the innovative market and in the structure of stagnant market tendencies. The practical significance of the study is that social entrepreneurship is determined by the need to differentiate the conditions of its development and when forming cross-border clusters allows to predict and implement regional programs for the development of entrepreneurial activity.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"215 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114230420","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Factor Analysis of the Income of the Trade Service Company Based on its Sensitivity Evaluation 基于敏感性评价的贸易服务公司收益因素分析

Journal of Advanced Research in Law and Economics Pub Date : 2020-06-15 DOI: 10.14505/jarle.v11.4(50).27

I. V. Petruchenya, E. Batraeva, J. Suslova, A. Voloshin, M. Batraev

引用次数: 1

Legal Analysis of Attempt on the Life of Internal Affairs Officer as the Body of Criminal Offence 内务人员生命作为刑事犯罪主体的尝试法律分析

Journal of Advanced Research in Law and Economics Pub Date : 2020-06-15 DOI: 10.14505/jarle.v11.3(49).21

Chingiz A. Issabayev, Aidos A. Yeskendirov, Zhanna B. Shayakhmetova, B. Begaliyev, Zhanargul A. Khammetova

{"title":"Legal Analysis of Attempt on the Life of Internal Affairs Officer as the Body of Criminal Offence","authors":"Chingiz A. Issabayev, Aidos A. Yeskendirov, Zhanna B. Shayakhmetova, B. Begaliyev, Zhanargul A. Khammetova","doi":"10.14505/jarle.v11.3(49).21","DOIUrl":"https://doi.org/10.14505/jarle.v11.3(49).21","url":null,"abstract":"Disorganized crime impact on the society is provided by criminal pressure on law enforcement officials – from engagement in criminal networks, bribery, blackmail to their liquidation. Social danger of the offences studied is that it threatens the life of internal affairs officer to prevent him from professional duties for the law enforcement, intentionally destabilizes normal operation of public authorities, and undermines their authority in the public’s mind. The purpose of the article was to analyze the types and motives of attempts on an employee of internal affairs bodies from a legal point of view. To achieve the purpose, the opinions of other researchers who studied this problem were examined, as well as legal documents regulating crimes committed against employees of internal affairs bodies. It was noted inconsistencies in the evaluation of sanction measures against perpetrators responsible for offences provided for by p. 2, part 2, article 99 and part 1, article 380-1 of the Criminal Code of Kazakhstan. It was concluded that the strengthening of criminal liability will significantly affect the status of crime situation, enhance the government authority and strengthen overall prevention in the country.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117333806","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Role of Trade Unions as a Subject of Social Partnership in the Settlement of Labor Disputes 工会作为社会伙伴关系主体在劳动争议解决中的作用

Journal of Advanced Research in Law and Economics Pub Date : 2020-06-15 DOI: 10.14505/jarle.v11.3(49).33

Asem M. Rakhimova, Asel K. Kaishataeva

{"title":"The Role of Trade Unions as a Subject of Social Partnership in the Settlement of Labor Disputes","authors":"Asem M. Rakhimova, Asel K. Kaishataeva","doi":"10.14505/jarle.v11.3(49).33","DOIUrl":"https://doi.org/10.14505/jarle.v11.3(49).33","url":null,"abstract":"The most important actor of the system of social partnership are trade unions, which often act as democratic institutions of society. The aim of the study is to determine the role of trade unions as a participant in social partnership in the system of settlement of labor disputes in Kazakhstan, using the experience of foreign countries as an example, creating a mechanism for social protection of workers in the form of a balanced system of state and market regulators and strengthening the role of trade unions in the occupational safety management system. The following methods were used as methods of scientific research: analysis of literary sources, the study of regulatory legal acts, special legal, comparative legal. The author focuses on the problems faced by employees in resolving labor disputes. The labor legislation of Kazakhstan regulates the procedure for issuing acts of an employer, preparing a draft collective agreement, the procedure for resolving labor disputes, etc. All this should be conducted taking into account the opinion or in agreement with the representatives of employers, but today, as practice shows, all these procedures take place without proper coordination, especially in commercial enterprises with a non-state form of ownership. According to the author, the regulation of labor disputes is just the direction where there is close interaction between trade unions and the state is a clear manifestation of social partnership.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121814005","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The Role of International Organizations in Restricting the Use of Humanitarian Intervention for Political Purposes 国际组织在限制出于政治目的使用人道主义干预方面的作用

Journal of Advanced Research in Law and Economics Pub Date : 2020-06-15 DOI: 10.14505//jarle.v11.4(50).25

Adel Hamzah Othman

{"title":"The Role of International Organizations in Restricting the Use of Humanitarian Intervention for Political Purposes","authors":"Adel Hamzah Othman","doi":"10.14505//jarle.v11.4(50).25","DOIUrl":"https://doi.org/10.14505//jarle.v11.4(50).25","url":null,"abstract":"Humanitarian intervention is often seen as a factor of increasing the level of political presence in one state by another due to its impact on socio-economic processes. Moreover, the presence of the state itself and its government or army is not required. International organizations are used in most cases. The relevance of the study is determined by the fact that humanitarian intervention is now understood as an instrument of soft power, coupled with the use of the international community in the context of cross-cutting information. The novelty of the article is determined by the fact that humanitarian intervention is considered not only as an instrument of political influence, but also as a mechanism for participation in the economic environment of society. The paper shows that under the conditions of the distribution of crisis economic phenomena, humanitarian intervention can only aggravate the situation of the state. It was determined that the most effective tool to increase the political rating of other state is the recovery period after emergency situations. The authors show the mechanism for using the mandatory procedures for the restoration of the country using a political instrument from the most financially secure states. The practical significance of the paper is determined by the need to form a mechanism for differentiating the political impact in the process of restoring the state after an emergency.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"146 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121894617","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Systematization and Classification of ‘Soft Law’ Sources in the Financial Law of Russia 俄罗斯金融法中“软法”渊源的系统化与分类

Journal of Advanced Research in Law and Economics Pub Date : 2020-06-15 DOI: 10.14505/jarle.v11.3(49).14

S. Eremin, K. Lukichev, S. Kamolov, E. Migacheva, T. Vershilo

{"title":"Systematization and Classification of ‘Soft Law’ Sources in the Financial Law of Russia","authors":"S. Eremin, K. Lukichev, S. Kamolov, E. Migacheva, T. Vershilo","doi":"10.14505/jarle.v11.3(49).14","DOIUrl":"https://doi.org/10.14505/jarle.v11.3(49).14","url":null,"abstract":"The aim of this work is to develop a classification of soft law sources in the financial law of the Russian Federation and their systematization. The study revealed the fact that Russian fiscal authorities and courts have increasingly turned to the documents of the Organization for Economic Co-operation and Development (OECD) especially in connection with the taxation issues. The study discloses an important soft-law feature – to transform to the financial law and become legally binding. It was adjusted that there are a large number of soft law legislative acts, regarding transfer pricing and double taxation avoiding have been passed by international organizations and bodies nowadays. These acts are being used a lot in the Russian financial law. The study investigates the most important soft law act – OECD Model Tax Convention and its comments - issued by the Organization for Economic Co-operation and Development (OECD). According to the result of the study, the classification of soft-law acts was carried out. The classification is based on the following criteria: functions, goals, scope (influence), bill passing authorities, types of adopted acts, bill scope. The developed classification and systematization ensure a more efficient and uniform application of the soft law sources in practice. At work there were used general and specific scientific research methods: method of interpretation of the rules of laws, system-structural and formal-legal methods, logical method.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129960635","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Commercial Activity of Agricultural Producers 农业生产者的商业活动

Journal of Advanced Research in Law and Economics Pub Date : 2020-06-15 DOI: 10.14505/jarle.v11.3(49).26

I. Kulikov, I. Minakov

{"title":"Commercial Activity of Agricultural Producers","authors":"I. Kulikov, I. Minakov","doi":"10.14505/jarle.v11.3(49).26","DOIUrl":"https://doi.org/10.14505/jarle.v11.3(49).26","url":null,"abstract":"The article considers the existing sales system of agricultural products, which does not allow bringing the manufactured products to the consumer promptly and without losses, as well as reveals the features of agricultural production that affect commercial activity, such as dependence of production output on natural and climatic conditions, guaranteed demand, the uneven supply of products to the market, perishable and poorly transportable products, and the concentration of demand in large cities. It is established that the main suppliers of many types of products to the domestic market are agricultural organizations. This is explained by their large production output and a high level of product marketability. The main channel for selling agricultural products is processing enterprises and wholesale trade. It accounts for 77.0% (by wool) to 98.0% (by sugar beet). The sale prices of products vary by distribution channels; this stipulates the different levels of sales profitability. Export is one of the product sales channels; however, it leads to a reduction in the supply of products in the domestic market. The article substantiates the areas for improvement of commercial activity, which include the use of marketing, increasing the competitiveness of products based on improving their quality, creating consumer marketing cooperatives and agro-industrial establishments that combine production, storage, processing, and sale into a single process, participating in fairs, state and regional tenders, using Internet resources, organizing a system of wholesale food markets and logistics centers.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131379674","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4

Arbitrability of Corporate Disputes: National Realities and Foreign Experience 公司纠纷的可仲裁性:国家现实与国外经验

Journal of Advanced Research in Law and Economics Pub Date : 2020-06-15 DOI: 10.14505//jarle.v11.4(50).14

N. Kuznietsova, Yurii Prytyka, M. M. Khomenko

{"title":"Arbitrability of Corporate Disputes: National Realities and Foreign Experience","authors":"N. Kuznietsova, Yurii Prytyka, M. M. Khomenko","doi":"10.14505//jarle.v11.4(50).14","DOIUrl":"https://doi.org/10.14505//jarle.v11.4(50).14","url":null,"abstract":"The tendency to promote alternative ways of resolving disputes and their effectiveness leads to the expansion of the scope of their application. The relevance of corporate dispute arbitration relates to the rising number of multinational corporations and the general tendencies of globalization and regionalization of the world economy. To identify the main tendencies in the development of national legislation, it is necessary to study the genesis of corporate dispute arbitrability. The purpose of the paper is to determine the scope of corporate disputes that may be submitted to the consideration of international commercial arbitration (arbitrable corporate disputes) under the current legislation of Ukraine (in particular, in light of the reform of procedural legislation in 2016) and the prospects for the dynamics of corporate arbitrability in the future. The tasks of the paper are to analyze the genesis of corporate dispute arbitrability; to analyze the legislation of foreign countries on arbitrability of corporate disputes; analysis of the efficiency of corporate litigation in international commercial arbitration; research into the expediency of expanding the range of arbitrable corporate disputes in the national legislation of Ukraine. There was a negative tendency in the Ukrainian legislation, formed by the current version of the COD of Ukraine, regarding the classification of at least a significant part of corporate disputes in the category of non-arbitrable, which not only does not correspond to the general global tendencies in this area, but also significantly reduces the level of investment attractiveness of Ukraine.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115940365","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Information on Corona Virus Disease-19: Between the Public’s Right and State’s Interests 关于冠状病毒病的信息——19:在公众权利与国家利益之间

Journal of Advanced Research in Law and Economics Pub Date : 2020-06-15 DOI: 10.14505/jarle.v11.3(49).15

H. Hamzah, Yusdianto Yusdianto

{"title":"Information on Corona Virus Disease-19: Between the Public’s Right and State’s Interests","authors":"H. Hamzah, Yusdianto Yusdianto","doi":"10.14505/jarle.v11.3(49).15","DOIUrl":"https://doi.org/10.14505/jarle.v11.3(49).15","url":null,"abstract":"This study aims to describe the Public Rights and State Interests in managing information related to the Covid-19 outbreak filling public space. Civil society, cross-sectoral experts, the Government contributed opinions and information regarding the handling and response of Covid-19. Central to this public discourse is whether information about Covid-19 is public information as referred to in the provisions of Law No. 14 of 2008 concerning Public Information Openness (UU KIP). Or does it include information that is excluded on the grounds that there are a state's interests that are far more important than public information. This research is designed to be qualitative for this purpose and uses normative legal research methods. First research results, Covid-19 is a problem that involves many human lives. This dangerous and deadly virus outbreak threatens millions of people throughout the world. Therefore, the handling of Covid-19 concerns the interests or obligations of the state more precisely to protect its citizens. Second, the handling of Covid-19 requires the participation of all Indonesian people. Indonesia has a number of legal bases for implementing policies to address Covid-19. The management of information and the handling policies of Covid-19 are in the domain of state authority. All citizens must obey the Government's call and medical action to overcome Covid-19. Third, the experience of China which is a communist country turned out to be able to quickly overcome the Covid-19 outbreak. The obedience of its people and the unity of all elements and strengths that exist in the Chinese Government and medical personnel gave birth to a happy story free from Covid-19.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125447479","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Legal Aspects of Harmonization of Labor Legislation of Kazakhstan and the Eurasian Economic Union Countries (EAEU) 哈萨克斯坦与欧亚经济联盟国家劳动立法协调的法律问题

Journal of Advanced Research in Law and Economics Pub Date : 2020-06-15 DOI: 10.14505//jarle.v11.4(50).01

S. Alimkhanova

{"title":"Legal Aspects of Harmonization of Labor Legislation of Kazakhstan and the Eurasian Economic Union Countries (EAEU)","authors":"S. Alimkhanova","doi":"10.14505//jarle.v11.4(50).01","DOIUrl":"https://doi.org/10.14505//jarle.v11.4(50).01","url":null,"abstract":"The issues of legal aspects of harmonization of labor legislation of Kazakhstan and the countries of the Eurasian Economic Union (EAEU) are investigated. The urgency of the issue under consideration is determined by the further necessity to bring into a harmonious combination the legal aspects of the legislation of Kazakhstan and the states that are members of the EAEU. Harmonization in the legal field involves the development of a unification of the laws of the above states in the field of labor relations. To maintain a coherent policy in the field of social and labor relations in Kazakhstan and the countries included in the EAEU, the foundations of labor legislations have been developed. But, at the moment, they are advisory in nature, while the harmonization of labor legislations in the legal field requires the approval of the adopted legislative acts of these states in this area. In this regard, a search is being made for recommendations on the harmonization of the legal aspects of the issue under study regarding Kazakhstan and the countries of the Eurasian Economic Union (EAEU). The leading approach to the study of this issue is to evaluate the current legal standards of these countries in the field of labor law and identify ways for their further integration in this direction. The prospects for research in this direction are determined by the possibility of assessing the realism of harmonizing the labor legislations of Kazakhstan and the countries, members (EAEU), which will favorably affect the further integration of Kazakhstan into the legal framework of the Eurasian Economic Union. The applied value of this study is to identify the prospects for the development of labor laws of Kazakhstan and the countries that are members of the Eurasian Economic Union (EAEU) in order to determine specific measures for the integration of labor legislation of Kazakhstan in the legal field of the EAEU in the future.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"165 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132578995","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2