Legal horizons最新文献

Theoretical and legal bases of protection of business entities from raiders in Ukraine 乌克兰保护商业实体免受攻击的理论和法律依据

Legal horizons Pub Date : 1900-01-01 DOI: 10.21272/legalhorizons.2020.i25.p51

N. Horobets, Yehor Pylypenko

{"title":"Theoretical and legal bases of protection of business entities from raiders in Ukraine","authors":"N. Horobets, Yehor Pylypenko","doi":"10.21272/legalhorizons.2020.i25.p51","DOIUrl":"https://doi.org/10.21272/legalhorizons.2020.i25.p51","url":null,"abstract":"The article is devoted to the study of theoretical and legal principles of protection of business entities from raids in Ukraine due to the low level of quality of the system of protection of private property rights in the state. It is stated that for small enterprises the lack of financial resources and the risk of illegal seizure or takeover, ie \"raiding\", is a more common problem, but large enterprises are also subject to raids. It was found that raiding is a real threat to the integrity of enterprises, stable economic development and information security of the state, its danger is confirmed by data on the number of raider seizures of property in Ukraine. It is noted that one of the areas of counteraction to raiding is the consolidation at the legislative level of a common understanding of this concept, but the Civil Code of Ukraine, the Law of Ukraine \"On Joint Stock Companies\" deals only with certain aspects of raiding. Features of \"white\", \"gray\", \"black\" raiding are revealed. There are two ways to warn and protect businesses from raiding: the use of government tools and self-preventive protection of the enterprise. The state instruments of warning and protection of enterprises from raids include: legislative guarantees of inviolability of property and protection of property rights of enterprises in case of violation, criminal liability for misappropriation of property, the procedure of state registration of property rights, the right to apply for protection of rights and interests to the court and the Office for Combating Raiding at the Ministry of Justice of Ukraine. It is emphasized that only 20% of enterprises independently protect themselves from raider encroachment, which explains the large number of raider seizures in Ukraine. Among the methods of such protection, emphasis is placed on creating a reliable system of protection of information about the company, ensuring timely and full payment of dividends to shareholders, preventing the mass purchase of shares and monitoring the current situation. It is concluded that it is expedient to develop and consolidate at the legislative level a common understanding of the concept of \"raiding\", guarantees of warning and protection of business entities from raiding in Ukraine, improving the powers of courts and the Office for Combating Raiding in Ukraine to consider issues of registration of property rights of enterprises.","PeriodicalId":229465,"journal":{"name":"Legal horizons","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114982347","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

Certain Issues of Application of Law on Collection of Materials by a Defence Council on a Decision of an Investigative Judge 关于辩护委员会根据调查法官的决定收集材料的若干法律适用问题

Legal horizons Pub Date : 1900-01-01 DOI: 10.21272/legalhorizons.2019.i15.p:96

V. Soloviov

引用次数: 0

Foreign experience in ensuring the economic security of the state 外国在确保国家经济安全方面的经验

Legal horizons Pub Date : 1900-01-01 DOI: 10.21272/legalhorizons.2020.i25.p131

V. V. Mirgorod-Karpova, D. Murach

{"title":"Foreign experience in ensuring the economic security of the state","authors":"V. V. Mirgorod-Karpova, D. Murach","doi":"10.21272/legalhorizons.2020.i25.p131","DOIUrl":"https://doi.org/10.21272/legalhorizons.2020.i25.p131","url":null,"abstract":"The article highlights the experience of foreign countries in ensuring the economic security of the state. The main part of the work is devoted to the analysis of different models of government agencies to ensure the economic security of different countries. In the current conditions in which Ukraine finds itself, such as the severe economic crisis, the coronavirus pandemic, high levels of corruption and others, there is an urgent need for a rational and prompt response by the authorities to such obstacles to stability. Especially today, when due to the pandemic of coronavirus infection, which has caused unfavorable conditions for doing business and normal employment, the issue of mobilization of all economic forces to bring the country out of crisis is relevant. Potentially, such obstacles could significantly weaken Ukraine's economy for many years to come. The authors of the article propose to overcome this problem, to explore foreign models of bodies that provide financial and economic security. Thus, the key subject of research will be various foreign bodies that ensure the economic security of the country and doctrinal sources that cover the improvement of the current model of economic security in Ukraine and the world. Therefore, to ensure the appropriate level of economic security of Ukraine, it is necessary to conduct a comprehensive study of foreign experience in this area in order to attract and implement in national legislation certain ideas that may further positively affect the state of the national economy. The paper pays special attention to the introduction of a single law enforcement body to ensure economic security in Ukraine. Some opinions of legal scholars on the need to introduce such a body and the implementation of foreign experience in Ukraine are given. The authors pay special attention to the experience of the Financial Guard of Italy and the administrative and legal mechanism of its interaction with other public authorities.","PeriodicalId":229465,"journal":{"name":"Legal horizons","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123592444","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

The administrative and legal basis of pension provision for persons affected by the Chornobyl disaster 向受切尔诺贝利灾难影响的人提供养恤金的行政和法律依据

Legal horizons Pub Date : 1900-01-01 DOI: 10.21272/legalhorizons.2019.i16.p:36

O. Kiselova, A. Pos

引用次数: 0

Responsibility of the social network as a distributor of commercial advertising 社交网络作为商业广告发布者的责任

Legal horizons Pub Date : 1900-01-01 DOI: 10.21272/legalhorizons.2020.i24.p41

T. V. Malanchuk

{"title":"Responsibility of the social network as a distributor of commercial advertising","authors":"T. V. Malanchuk","doi":"10.21272/legalhorizons.2020.i24.p41","DOIUrl":"https://doi.org/10.21272/legalhorizons.2020.i24.p41","url":null,"abstract":"The article examines the limits of state participation and the impact of legal regulation on the development of the Internet in general and social networks in particular. An attempt is made to determine the nature and extent of regulation of the dissemination of information through social networks, as well as the feasibility of control over cyberspace by the state. An analysis of existing legal norms on the regulation of advertising on the Internet, taking into account the peculiarities of advertising on social networks. It is established that today Internet advertising, including advertising on social networks, has become the most popular and effective way to convey information about goods or services to their potential consumers. Recent developments related to the introduction of quarantine measures due to the COVID-19 pandemic have led to an even greater intensification of e-commerce and the transition of traditional online business. As a result, the volume of advertising campaigns on social networks has grown significantly, and advertising itself has become more aggressive. It is noted that among the main general theoretical issues in the study of legal regulation of the global information system it is necessary to highlight the problems of jurisdiction of networks, as well as the legal personality of persons who provide, distribute and consume information in such networks. At the same time, no country in the world has comprehensive (codified) legislation that would regulate relations on the Internet. Existing regulations regulate only private aspects of network operation. Currently, each social network is governed solely by its own established rules. It is concluded that the legal norms governing traditional advertising are ineffective in advertising on networks. We believe that the interests of the state in the research area should be limited, first of all, to creating conditions for the harmonious development of information infrastructure, realization of constitutional rights and freedoms of man and citizen in obtaining and using information, unconditional law and order, development of equal and mutually beneficial international cooperation.","PeriodicalId":229465,"journal":{"name":"Legal horizons","volume":"210 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122626696","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

On the ratio of “gift” to “gift-giving” categories 关于“礼物”与“送礼”类别的比例

Legal horizons Pub Date : 1900-01-01 DOI: 10.21272/legalhorizons.2019.i18.p79

V. Riadinska, Y. Kostenko

{"title":"On the ratio of “gift” to “gift-giving” categories","authors":"V. Riadinska, Y. Kostenko","doi":"10.21272/legalhorizons.2019.i18.p79","DOIUrl":"https://doi.org/10.21272/legalhorizons.2019.i18.p79","url":null,"abstract":"The article analyzes the relationship between the concepts of “gift” and “gift-giving” as categories of modern legislation of Ukraine. It is noted that although the etymological meaning of the words “gift” and “giftgiving” is equal, the legislator uses these concepts as different categories; in various normative acts either gives them different definitions or operates with these two categories as synonyms. Comparing the signs of a gift and a gift-giving, it is determined that a gift can be provided both free of charge and for a fee, but at a price lower than the minimum market price. In the context of gift and gift-giving\u0000features, the ratios of “minimum market price” and “symbolic amount” are investigated. It is justified that the minimum market price is less than the market price, but it takes into account the economic costs of production and sale of goods and the minimum profit, while the symbolic price is formed by the prevailing in the society and concerns the free transfer of things. The ratio of “gift” and “gift-giving” categories in the civil and anticorruption legislation is formulated and its features are defined: 1) the concept of “gift-giving” (Civil Code of Ukraine) is narrower than the concept of “gift” (Law of Ukraine\u0000“On Prevention of Corruption”); 2) the main feature of giving is that the gift is free of charge, and the “gift” may be given at a price lower than the minimum market price, while the “symbolic fee” is a category that differs from the category of “price lower than the minimum market price”; 3) the decision to accept “gift-giving” depends on the person who is being presented, but the special subject can accept “gift” only if he or she is permitted by the anti-corruption legislation and is obliged to refuse it and implement a set of appropriate measures in case he or she is prohibited or restricted; 4) the categories “gift-giving” and “gift” are not identical, but when a special subject receives “gifts” from close people, they are “gift-giving”.\u0000\u0000Keywords: gift, gift-giving, anti-corruption legislation, special subject, minimum market price.","PeriodicalId":229465,"journal":{"name":"Legal horizons","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124201554","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

HOMOCENTRIC APPROACH AND MIGRATION: CHALLENGES IN TRANSNATIONAL CONSTITUTIONALISM 同心同德的方法和移民:跨国宪政的挑战

Legal horizons Pub Date : 1900-01-01 DOI: 10.54477/lh.25192353.2022.15(1-4).pp.9-23

Iryna Sofinska, V. Kovalchuk

引用次数: 0

Historical aspects of the emergence of corruption in Ukraine 乌克兰腐败出现的历史方面

Legal horizons Pub Date : 1900-01-01 DOI: 10.21272/LEGALHORIZONS.2019.I15.P:7

N. V. Zhilenko

引用次数: 0

MAIN PRINCIPLES OF THE PROSECUTOR'S ACTIVITIES IN THE FRENCH CRIMINAL PROCESS 法国刑事诉讼中检察官活动的主要原则

Legal horizons Pub Date : 1900-01-01 DOI: 10.21272/legalhorizons.2019.i16.p81

K. Yanishevskaya, I. Savitskaya

引用次数: 0

Features and problems of the administrative and legal regime of the COVID-19 pandemic in Ukraine - the prospect of the issue 乌克兰COVID-19大流行行政和法律制度的特点和问题——问题的前景

Legal horizons Pub Date : 1900-01-01 DOI: 10.21272/legalhorizons.2021.i26.p78

M. Kolesnikova, Y. Shevtsov, N. Pak

{"title":"Features and problems of the administrative and legal regime of the COVID-19 pandemic in Ukraine - the prospect of the issue","authors":"M. Kolesnikova, Y. Shevtsov, N. Pak","doi":"10.21272/legalhorizons.2021.i26.p78","DOIUrl":"https://doi.org/10.21272/legalhorizons.2021.i26.p78","url":null,"abstract":"At the beginning of the XXI century, human civilization has made anincredible break through in all spheres of science and life. Gradually,progress open edupmore and morenewop portunities for humanity and ways to solve problems. It seem edthat such a termas \"forcemajeure\" could eventually disappear from legal practice. However, theend of 2019 and the whole of 2020 showed theo pposite, as th eworld faced a new problem. A new challenge for humanitywasthevirus SARS-CoV-2, which inturnled to the emergence of a new \"international\" mode of the pandemic coronavirus COVID-19. The question of combating a new thre at hasarisen before the whole world. At a time when the world has notinvente done hundred percent effectived rugsagainst COVID-19, the only salvation for humanity is the quarantine mode, whichis a series of specific responsibilities and restrictions to combat the viraldisease. Despite the relative similarity of quarantine modes in different countries, the situation is very different. Thus, in some countries, the relative stability of COVID-19 distribution problems is relative lystable, and in others, despite the measures taken, the situation is exacerbated, the problem is developing rapidly. Unfortunately, the situation in Ukraine is also very ambiguous. Although the author it iesim posera ther strictrestrictions, the situation is gradually deteriorating. Thereis a questionof a real and effective quarantine mode, which will not only provide an opportunity to solve the problem and the possibility of sane existence of the state in a pandemic but also all ow you toquick lyget out of the quarantine mode and return to regular life. Thus, there is a need to investigate the administrative and legal regime of quarantine in Ukraine. It is necessary to identify the problems of the domestic routine and find appropriate ways to solve them, taking into account the global situation of the pandemic, as well as the successful experience and mistakes of other countries in the fight against the virus.","PeriodicalId":229465,"journal":{"name":"Legal horizons","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133981819","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