MODERN RESEARCHES: PROGRESS OF THE LEGISLATION OF UKRAINE AND EXPERIENCE OF THE EUROPEAN UNION最新文献_第2页

SIGNIFICANT CHANGE OF CIRCUMSTANCES AND THE AMENDMENT OF CONTRACT 情况发生重大变化和合同变更的

MODERN RESEARCHES: PROGRESS OF THE LEGISLATION OF UKRAINE AND EXPERIENCE OF THE EUROPEAN UNION Pub Date : 1900-01-01 DOI: 10.30525/978-9934-588-43-3/1.5

Juhász Ágnes

{"title":"SIGNIFICANT CHANGE OF CIRCUMSTANCES AND THE AMENDMENT OF CONTRACT","authors":"Juhász Ágnes","doi":"10.30525/978-9934-588-43-3/1.5","DOIUrl":"https://doi.org/10.30525/978-9934-588-43-3/1.5","url":null,"abstract":"INTRODUCTION The judgment and treatment of the greater or lesser changes in circumstances belongs to the field of contract law. Though the obligation law rules, including contract law provisions, give the dynamics of civil law, the various legal transactions and contracts to be concluded basically reflect a given time; the contractual parties’ rights and duties are fixed with regard to the circumstances existing at the time of the conclusion of the contract. However, over time, changes can occur in the circumstances of the contract, which can impact on the durable contractual relationship existing between the parties, including their rights and duties, and particularly on the duty to fulfil the contract. All legal systems have its own solution for the treatment of the essential (substantial) change of circumstance subsequent to the conclusion of the contract. Although in these cases, the contractual parties’ autonomy prevail primarily, some legal system allows the judicial amendment of the contract, if the conditions of the clausula rebus sic stantibus are fulfilled1. There are other states, where the possibility to amend the contract by judicial act in case of an essential change of circumstances subsequent to the contract conclusion has only recently been recognised by the national legislation. Moreover, it is also noteworthy that these relatively new regulations bound the application of the contract amendment by judicial act to strict limits2. It is typical that the essential change of circumstances and its effects on the contractual relationship attracted more and more attention from the legislation and the jurisprudence, when historic events having global effect occurred. It was after the World War I, when the modern","PeriodicalId":240696,"journal":{"name":"MODERN RESEARCHES: PROGRESS OF THE LEGISLATION OF UKRAINE AND EXPERIENCE OF THE EUROPEAN UNION","volume":"19 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":"133948227","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

ADMINISTRATIVE LIABILITY OF LEGAL ENTITIES AS LEGAL CATEGORY 法人行政责任作为法律范畴

MODERN RESEARCHES: PROGRESS OF THE LEGISLATION OF UKRAINE AND EXPERIENCE OF THE EUROPEAN UNION Pub Date : 1900-01-01 DOI: 10.30525/978-9934-588-43-3/2.28

O. Shevchuk, V. Martynovskyi

{"title":"ADMINISTRATIVE LIABILITY OF LEGAL ENTITIES AS LEGAL CATEGORY","authors":"O. Shevchuk, V. Martynovskyi","doi":"10.30525/978-9934-588-43-3/2.28","DOIUrl":"https://doi.org/10.30525/978-9934-588-43-3/2.28","url":null,"abstract":"INTRODUCTION The issues of legal regulation of administrative responsibility of legal entities have always been relevant for legal science and practice. So, during 2014, the participants of the Antimonopoly Committee of Ukraine conducted 217 field inspections of legal entities to comply with the requirements of the legislation on the protection of economic competition. Based on the results of these inspections, consideration was started of 196 cases of violation of the law on the protection of economic competition and 159 recommendations were given on termination of actions (inaction) containing signs of offenses. As a result of the measures taken by the Committee, a total of 5341 violations of the law on the protection of economic competition were stopped, of which 2416 (45.2%) were stopped by making decisions on the application of liability provided by law1. As can be seen from the above statistics, 45.2% of offenders were prosecuted for violation of the law on the protection of economic competition, fines were imposed on them in a total amount of more than 99300000 UAH. In modern conditions, the activities of the state in the field of responsibility of legal entities have led to the fact that in different branches of law, scientists separately distinguish such types of responsibility of legal entities as financial, economic, economic, etc.2. In this case, the main attention is paid to such signs as, for example, the method of charging fines, the nature of the sanctions imposed on the ffender, and more3. On the other hand, it should be noted the lack of systematization of the administrative responsibility of legal entities by the legislator. The legislation on the administrative responsibility of legal entities in Ukraine does not constitute a coherent system, it is dispersed and unsystematic. The Institute of Administrative Responsibility of Legal Entities in modern conditions contains many gaps and debatable issues, but there is no reason to deny its existence.","PeriodicalId":240696,"journal":{"name":"MODERN RESEARCHES: PROGRESS OF THE LEGISLATION OF UKRAINE AND EXPERIENCE OF THE EUROPEAN UNION","volume":"6 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":"115114829","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 SCOPE OF COMPETENCE OF THE EUROPEAN PUBLIC PROSECUTOR’S OFFICE 欧洲检察官办公室的职权范围

MODERN RESEARCHES: PROGRESS OF THE LEGISLATION OF UKRAINE AND EXPERIENCE OF THE EUROPEAN UNION Pub Date : 1900-01-01 DOI: 10.30525/978-9934-588-43-3/1.11

Udvarhelyi Bence

{"title":"THE SCOPE OF COMPETENCE OF THE EUROPEAN PUBLIC PROSECUTOR’S OFFICE","authors":"Udvarhelyi Bence","doi":"10.30525/978-9934-588-43-3/1.11","DOIUrl":"https://doi.org/10.30525/978-9934-588-43-3/1.11","url":null,"abstract":"INTRODUCTION Twenty years after the first appearance of the idea in the so-called Corpus Juris, the European Public Prosecutor’s Office was finally established by the Council on the 12th October 2017.2 The adoption of the Council Regulation was preceded by a long, intense and cumbersome negotiation procedure. The Proposal on the establishment the European Public Prosecutor’s Office was issued by the European Commission in July 2013 based on Article 86 TFEU.3 According to this legal basis, the Council, by means of regulations adopted in accordance with a special legislative procedure, may establish a European Public Prosecutor’s Office from Eurojust in order to combat crimes affecting the financial interests of the Union. Shortly after the issuance of the Commission’s Proposal, 14 chambers of national parliaments from 11 Member States issued reasoned opinions based on Protocol No 2 to the Treaties on the application of the principles of subsidiarity and proportionality4, requesting the Commission to review the Proposal.5 In its answer, the Commission concluded that its Proposal complies with the principle of subsidiarity and maintained it. However, the Commission promised to take due account of the reasoned opinions of the national Parliaments during the legislative process.6 After that, as","PeriodicalId":240696,"journal":{"name":"MODERN RESEARCHES: PROGRESS OF THE LEGISLATION OF UKRAINE AND EXPERIENCE OF THE EUROPEAN UNION","volume":"64 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":"131829849","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

REFORM OF THE HUNGARIAN CODE OF CIVIL PROCEDURE WITH SPECIAL REGARD TO RULES OF TAKING EVIDENCE 匈牙利民事诉讼法的改革，特别是关于取证规则的改革

MODERN RESEARCHES: PROGRESS OF THE LEGISLATION OF UKRAINE AND EXPERIENCE OF THE EUROPEAN UNION Pub Date : 1900-01-01 DOI: 10.30525/978-9934-588-43-3/1.8

Nagy Adrienn

引用次数: 0