Journal of Advanced Research in Law and Economics最新文献

{"title":"Public-Private Partnership in Conditions of Innovative Development of Kazakhstan","authors":"Z. B. Sadykova","doi":"10.14505/jarle.v11.4(50).35","DOIUrl":"https://doi.org/10.14505/jarle.v11.4(50).35","url":null,"abstract":"The relevance of the subject matter is conditioned by the fact that the innovative development of Kazakhstan, which is based on the introduction of technological advance, the use of computer and resource-saving technologies, industrial and innovative achievements, is currently of great importance for the country's economy. Without the growth of innovative potential in the country, it is impossible to ensure the competitiveness of the economy. In this connection, further reform of the innovation development management system both of public and private sectors is necessary, and the current means of increasing their effective functioning is the development of partnerships between the state and business, which will allow to attract additional resources to the public sector of the economy, primarily investment. In such a system of relations, the resources and potentials of the state and business are combined, which helps to increase the efficiency of the use of available resources, the distribution of risks between the public and private sectors and their minimisation. The purpose of the study: The purpose of the paper is to prepare recommendations for the development of public-private partnerships in the conditions of innovative development of Kazakhstan. Leading approach to the study of the subject matter. The leading methods of researching the issues of the paper include the analysis of theoretical sources, analysis of statistics, and comparison. The analysis of statistical indicators plays a crucial role in the study, since data on the innovation level, on the development of public-private partnerships can be directly obtained from statistical databases. The results of the study. The paper discusses the concept of public-private partnerships, methods, mechanisms, stages of development of public-private partnerships in Kazakhstan, analyses the innovative development of Kazakhstan, the development of public-private partnerships, identifies issues of public-private partnerships and develops solutions to them. Prospects for further research. For the development of projects that are carried out on an innovative basis, cooperation between the state and business is necessary. Certain risks and consequences are inherent in innovative projects; therefore, such projects require private partners who agree to public-private partnerships even under unstable political, economic and social conditions, and also have corresponding production and innovative potential. Given the improvement of the regulatory framework at the national level and in the regions, increasing the attractiveness of such cooperation, and providing comprehensive support for such projects, a partnership between the state and business in the innovation sector will develop. The materials of the paper are of practical value for the development of public-private partnership in the conditions of innovative development of Kazakhstan.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"19 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":"124910407","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}

{"title":"Observing European Union Rejection of Indonesia's Crude Palm Oil Exports from the Most Favored Nation and Quantitative Restriction Principles","authors":"Atik Krustiyati, Sylvia Janisriwati, N. Christine, M. K. Huda","doi":"10.14505/jarle.v11.3(49).25","DOIUrl":"https://doi.org/10.14505/jarle.v11.3(49).25","url":null,"abstract":"Crude palm oil is one of the main commodities exported by Indonesia to several countries, including European Union. The European Union has pushed through several laws regarding climate change, including the Renewable Energy Directive II. The regulation supplementing the Renewable Energy Directive II has also been adopted by the European Commission, making the criteria for determining the high indirect land-use change-risk feedstock in Commission Delegated Regulation (EU) 2019/807. The objective of this paper is to observe if the measure taken by European Union on determining the indirect land-use change-risk feedstock has satisfied the existing WTO trade principles, the principle of most favored nation and the principle of quantitative restriction. The determining criteria in Commission Delegated Regulation (EU) 2019/807 is trade restrictive and discriminating to the export of crude palm oil, as crude palm oil is the only feedstock that falls under the criteria of high indirect land-use change-risk feedstock. The regulation has impact for the consumption of crude palm oil in Member states of European Union should be gradually reduced 0% by 2030 at the latest.  As the provision on General Agreement on Tariffs and Trade embodies the principle of non-discrimination, the result of the study shows the Commission Delegated Regulation (EU) 2019/807 has violated the international trade principles. Furthermore, the general exceptions of GATT 1994 contained in Article XX (b) also doesn’t justify the measure.","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":"126166613","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}

{"title":"Cloud Computing Economic Impact Modelling Using General Equilibrium Models","authors":"Cristina Popîrlan, C. Popirlan, Gabriel Stoian","doi":"10.14505/jarle.v11.3(49).32","DOIUrl":"https://doi.org/10.14505/jarle.v11.3(49).32","url":null,"abstract":"This study offers a general view over Cloud computing in Europe and an evaluation of the probable impact cost-wise and its benefits. We also give a model to analyze the cost and gain based on a vast analysis of specialty literature, data sets and available statistics. The main scope is to evaluate the cloud computing market, including micro and macro-economic analysis as well as the impact it has over the European Union’s environment. Various economic sectors are inspected in order to establish the average benefits and costs that involve embracing Cloud computing.","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":"130401966","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}

{"title":"Social Media Rumors in Time of Corona Pandemic, Why & How is Criminalized? (Comparative Study)","authors":"Mohamad Alshible","doi":"10.14505/jarle.v11.3(49).03","DOIUrl":"https://doi.org/10.14505/jarle.v11.3(49).03","url":null,"abstract":"No one in the world does not know what Corona is as a global pandemic, which the Secretary-General of the WHO has declared as ‘the enemy of humanity’. Yes, it is the enemy of humanity; the whole humans rose up to prevent it through several aspects. We are – as lawmen – responsible for the legal sides. \u0000All of us have become so miserable that many sciences are terrified of rumors and false news. The real news leaves pain in the souls, so what about that are false, whether it was broadcast or transmitted with intent or unintentionally \u0000The main objective of this article is to examine the Jordanian legislator attitude in regard of social media rumors during Corona pandemic (COVID19), in comparative to the Chinese legislator. The study shows that the opportunity to punish rumors at the time of the pandemic may be unavailable or weak and not coherent in Jordanian laws in comparison with other legislations, especially in Chinese laws. The study will also show if rumors were included in relative International treaties. The \u0000In respect to the methodology of this article, the author followed the descriptive and analytical approaches of the related Jordanian Penal laws in comparative with the Chinese Regulations in cybercrimes, by explaining the extent to which rumor crimes is punished in Jordan according to legal methods of analysis in comparative to the Chinese legal attitude.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"22 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":"129488893","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}

{"title":"The Investigation of Peculiarities of the Occurrence of Subjective Civil Rights in Registration of a Patent","authors":"S. Iasechko, V. Puzyrnyi, Natalia Puzуrna, Nataliia Kostiuk, I. Bakhnovska, I. Litvinova","doi":"10.14505/jarle.v11.3(49).17","DOIUrl":"https://doi.org/10.14505/jarle.v11.3(49).17","url":null,"abstract":"The main aspects of the impact of patents on technological and social development have been highlighted, and it has been suggested to adapt a powerful world experience in this field. The key aspects of the innovation process and the protection of the results of scientific and technical action with the help of patents, and the peculiarities of the occurrence of subjective civil rights are considered. The authors of the paper analyze the current legislative provisions and determine the direction of its development in the context of globalization. The article explores the theoretical construct of these relations and provides an analysis of civil legislation as applied to industry standards of economic legislation. The practical significance of the study is determined by the fact that the application of the developed provisions will facilitate the harmonization of national legislations in the formation of legal systems. The aim of the article is to supplement and clarify the ideas about patent and of subjective civil rights. The factors that influenced the development of the doctrine civil rights have been considered, in particular, taking into account the experience of European countries.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"3 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":"127879612","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}

{"title":"Electronic Wholesale Services: Advantages and Promising Directions of Development","authors":"O. Ruban, A. Voloshin, J. Suslova, N. V. Ananeva, Lubov Podachina","doi":"10.14505/jarle.v11.4(50).33","DOIUrl":"https://doi.org/10.14505/jarle.v11.4(50).33","url":null,"abstract":"It has been demonstrated in the presented study that the use of services plays a key role in the formation of a new type of the competitive economy based on the information technology and involves the innovation of mutually beneficial commercial interactions. Qualitative and quantitative changes in the content, forms, and mechanism of the workflow management have been investigated in the aspect of the main trends in the development of the monetary relations. The search for the modern business technology predetermined the development of the electronic wholesale market and the possibility to improve the convenience of the service of doing business. The subjects of this sector of commodity circulation confirm the efficiency of the formation of economic relations in the segment of online trade services and the prospects of the electronic business. \u0000The analysis of the electronic market trade workflow allowed to establish the main trends in its development, to identify the specifics of partnerships, their establishment, and the online implementation of trade procedures through the electronic document workflow. \u0000As a result of the study, the authors have established the reasons for the increase in the number of participants of electronic marketplaces, changes in the commodity structure in the corporate procurement sector, the mechanism for reducing purchase prices through electronic auction, and the possibility of optimizing costs and increasing the efficiency of managerial processes in the organization by improving the service automation of business selling processes in a competitive environment. \u0000Based on the comparison of the number of auctions conducted and the amount of deals concluded, it has been noted that the largest number of auctions were held in consumer goods, where the average deal value was the least, while the deals of the highest value were in the provision of services, with the lowest proportion of the conducted auctions. \u0000The authors of the study have analyzed potential commercial and technological risks and identified the main fraudulent schemes in electronic commerce and measures aimed at preventing or eliminating certain risk factors and conditions of uncertainty of the result. \u0000Based on the opinions of the experts, the promising directions for developing the electronic market and electronic wholesale services have been noted in the study, which can be achieved through the creation of independent electronic trading platforms by large industrial corporations, as well as through the use of the information and communication network functions in the internal corporate interaction in large holdings. Combining the capabilities of the marketplaces of the corporate and public procurement sectors and launching a joint service for electronic trading while maintaining established business processes will improve the efficiency of the commercial activities of participating organizations.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"4 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":"131946827","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}

{"title":"Assessment of the Impact of State Regulation of Retail Trade Networks Development on the Wholesale Sector","authors":"V. Cheglov, S. Mkhitaryan, L. A. Danchenok, O. Rykalina, T. A. Tultaev","doi":"10.14505/jarle.v11.3(49).10","DOIUrl":"https://doi.org/10.14505/jarle.v11.3(49).10","url":null,"abstract":"The article is dealing with the issues of state regulation of the consumer market, where the interests of producers, wholesale intermediaries, and retail trade are traditionally encountered. The authors consider the features of state regulation of the formation and development processes of multi-object and omnichannel trading systems in Russia in the context of the country's entry into the global economy, the opening of the domestic market for foreign business structures, and commodity imports in a situation with a small business that is not fully established. The results of the conducted study complement the experience of the international community in regulating system formation in trade. The article analyzes significant differences in the state intervention mechanisms in the economic relations of retail chains and their suppliers, as well as the impact of stricter legislation on wholesale trade, and its place and role in the commodity distribution system. The authors prove that excessive regulation of the retail market causes negative consequences in its adjacent segments, justify the upcoming redistribution of the market between large retail chains and specialized wholesale companies in favor of the former ones, show the development prospects of the distribution, and the impact of this process on small retail businesses, as well as formulate proposals for optimizing approaches to regulating the transformation of the trade sector in the transition economy.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"53 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":"131117745","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}

{"title":"Relevant Issues of Property Rights Protection in Ukraine","authors":"Liubov M. Dolgopolova, M. Us, Sergiy Glotov","doi":"10.14505//jarle.v11.4(50).08","DOIUrl":"https://doi.org/10.14505//jarle.v11.4(50).08","url":null,"abstract":"The issue of protecting property rights today is one of the most important, and depends both on the state and in on the owners of these rights. Despite the fact that Ukraine strives to join the European Union, its legal system is still far from international standards. For example, if the owner of property does not possess at least initial knowledge in the field of protecting his rights, then his property may be at risk, problems may emerge not only from authorities, but also from other owners, entrepreneurs or legal entities. Another issue that should be noted is intellectual property, the concept and regulation of which is necessary for the successful development of the state and its investment attractiveness. The main goal of this paper is to analyze the status of the issue of property rights protection in Ukraine and create a development strategy that can be an important component of a national security strategy. In the paper, along with questions of legislative support of citizens` property rights, considered legislative methods of increasing the potential of enterprises and the level of social protection of the population. Based on the experience of protecting property rights in the European Union, it is shown that the basis for legal protection should be economic feasibility, and not the political situation of the executive and legislative branches. As a result, measures were developed with the help of which the legislative framework and human rights activities should be improved to the level of the EU countries, where special attention is paid to human rights, and, therefore, the property.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"8 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":"126835190","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}

{"title":"Innovative Priorities of Ukraine in the Context of Global Economic Trends","authors":"A. Rusnak, O. Pulianovych, Y. Kozak, A. Gribincea, N. Lytvyn","doi":"10.14505/jarle.v11.4(50).34","DOIUrl":"https://doi.org/10.14505/jarle.v11.4(50).34","url":null,"abstract":"Strategic support of the company’s work in the international market requires a complete restructuring of business processes in a crisis situation and improvement of the company's relations with both consumers and producers. The necessity to form a combined production cycle to reduce competition should not be overlooked. The dynamics of the formation of modern enterprise forms the need for a constant analysis of emerging investment proposals. The novelty of the study is determined by the fact that the company must ensure a change in the format of work when entering the international market and identify the possibilities of strategic formation of financial and organizational reserves for the possibility of autonomous provision of activity for several production cycles. The authors show that in order to understand the development strategy, the enterprise needs to integrate diagnostic tools into the system of production indicators, which can provide an integrated assessment of the quality of enterprise management. The practical significance of the study is determined by the need to formulate an enterprise development strategy for a period of up to five years. The main value should be determined in the structure of ensuring the damping of crisis phenomena in the context of stagnation of industrial production, demand and financial markets of the state. This will allow to unify investment and anti-crisis development strategies.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"83 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":"126920869","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}

{"title":"Cryptocurrency as Object of Regulation by Public and Private Law","authors":"I. Tsindeliani, M. Egorova","doi":"10.14505/jarle.v11.3(49).41","DOIUrl":"https://doi.org/10.14505/jarle.v11.3(49).41","url":null,"abstract":"The aim of this study is to establish the legal status quo of cryptocurrencies in the Russian Federation. The hypothesis presented by this study requires a profound reference to existing and proposed legislation as well as to the statements of a number of international, supranational and national regulatory bodies. \u0000This study uses qualitative research methods, and primarily consists of descriptive research. Doctrinal and comparative law research also lie at the very heart of this paper as they enable the author to identify, analyze and synthesize a number of foreign (incl. EU), and Russian laws. As a result, the emergence of new institutions and the modernization of existing ones, based on new technological breakthroughs, undoubtedly affect the already existing institutions that are under the influence of changes. Money, which is at the heart of finance, already loses its material forms of expression and regulating properties, alternative tools emerge in the economy that are ready to act as alternatives to this traditional institution. The alternative to money and monetary mechanisms will affect the basic instrument for regulating economic relations and the financial system of the state as a whole - a monopoly on the issue of currency. The nature of cryptocurrency, its features do not make it possible to attribute it entirely either to the means of payment, or to securities, or property. In the existing international community, cryptocurrency lacks a single focal point. Only a progressive view and modern legal regulation of cryptocurrency will create conditions for the development of legal and, most importantly, safe relations in the field of cryptocurrency.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"3 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":"126798797","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}