Journal of Legal Studies最新文献_第10页

Extension of a fixed-term employment contract: some theoretical and practical issues 固定期限劳动合同的延长:若干理论与实践问题

IF 1 3区社会学

Journal of Legal Studies Pub Date : 2019-07-16 DOI: 10.12737/2500-333x-2019-4-2-65-72

S. Kichigin

{"title":"Extension of a fixed-term employment contract: some theoretical and practical issues","authors":"S. Kichigin","doi":"10.12737/2500-333x-2019-4-2-65-72","DOIUrl":"https://doi.org/10.12737/2500-333x-2019-4-2-65-72","url":null,"abstract":"The problem of introducing changes to a fixed-term employment contract in terms of amending (extending) its term is an urgent applied problem in the work of personnel services, which often arises in the course of their practical work. Argued, based on established judicial practice, the solution to this problem will create clarity in the application of the norms of the Labor Code of the Russian Federation. \u0000The norms of the Labor Code of the Russian Federation do not contain a ban on the application of the provisions of art. 72 of the Labor Code of the Russian Federation. However, to date there is no single, reasoned opinion on whether it is possible to change the term of a fixed-term employment contract, and if possible, under what conditions? On this issue, there are polar opinions. Both the courts and state authorities have repeatedly changed their position on this issue, right up to the diametrically opposite. \u0000In this paper, the author attempts to answer this question on the basis of the existing judicial practice and the courts understand the relevant provisions of the Labor Code of the Russian Federation, the opinions of the federal authorities of the Russian Federation, as well as their own attempts to interpret the provisions of the law, and concludes that the term of a fixed-term labor contract in the presence of compliance with the necessary conditions dictated by the norms of the Labor Code of the Russian Federation, established law enforcement practice.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"109 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2019-07-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75668769","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Illegal Access to a Computer System from the Standpoint of the Current Criminal Code 从现行刑法的角度看非法侵入计算机系统

IF 1 3区社会学

Journal of Legal Studies Pub Date : 2019-06-01 DOI: 10.2478/jles-2019-0003

A. T. Drăgan

引用次数: 0

Criminal Responsibility for Concealing Truth in Finance 金融隐瞒事实的刑事责任

IF 1 3区社会学

Journal of Legal Studies Pub Date : 2019-06-01 DOI: 10.2478/JLES-2019-0002

S. Khalili, A. Kalantari, Fatemeh Rezaei Zarchi

引用次数: 0

The Defence of Necessity in International Law and Investor Versus State Dispute Settlement 国际法必要性辩护与投资者与国家争端解决

IF 1 3区社会学

Journal of Legal Studies Pub Date : 2019-06-01 DOI: 10.2478/jles-2019-0005

B. B. M. AlModarra

{"title":"The Defence of Necessity in International Law and Investor Versus State Dispute Settlement","authors":"B. B. M. AlModarra","doi":"10.2478/jles-2019-0005","DOIUrl":"https://doi.org/10.2478/jles-2019-0005","url":null,"abstract":"Abstract The ability of foreign investors to sue host states without reliance on diplomatic protection is one of the most important developments in international investment law in the post-World War II era. The rise of investor-state dispute settlement under international regimes like the Convention Establishing the International Centre for the Settlement of Investment Disputes (ICSID Convention) raises some concerns from states regarding loss of sovereignty. However, there are defences available to states when they intervene in their economies for purposes like public utility or the need to safeguard an essential interest. Thus in spite of treaty commitments that bind states to protect the investments of foreign investors within their domains, there are available defences for their intervention in their economies even if such interventions become inimical to the interests of foreign investors and could, prima facie, raise the possibility of infringements of the rights of foreign investors. One of such defences available to states is the principle of necessity. This article explores the principle of necessity in international law and how it operates as a defence for states in investor-state dispute settlement. It also conducts analysis of the Annulment Decision in the CMS v Argentina case to shed light on the principle of necessity.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"34 1","pages":"67 - 82"},"PeriodicalIF":1.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84402589","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Avoiding Double Taxation Through The Assessment of International Tax Treties. Case: ESP’s versus Anaf Braşov 通过国际税收协定的评估避免双重征税。案例:ESP对Anaf bra<e:1> ov

IF 1 3区社会学

Journal of Legal Studies Pub Date : 2019-06-01 DOI: 10.2478/jles-2019-0001

F. Dumiter, Ș. Jimon, Florin Gheorghe Bene

{"title":"Avoiding Double Taxation Through The Assessment of International Tax Treties. Case: ESP’s versus Anaf Braşov","authors":"F. Dumiter, Ș. Jimon, Florin Gheorghe Bene","doi":"10.2478/jles-2019-0001","DOIUrl":"https://doi.org/10.2478/jles-2019-0001","url":null,"abstract":"Abstract International double taxation represents one of the main problems’ for which taxpayers have to deal within a world fulfilled with globalization, uncertainty, risk, asymmetrical information and moral hazard. In this sense, in this article it is provided a qualitative overview regarding the appearance and evolution of the main double taxation conventions and their legal framework. In this article it is tackled some important issues, namely: the rationale behind the construction and engaging in double taxation conventions; the need for a coherent and just application of those conventions; the historical appearance and evolution of the double taxation conventions, as well as the quid pro quo OECD Model Convention and UN Model Convention. The conclusions of this article highlight the importance and ultimately need for construction of best practices new and complex multilateral tax convention at the UE level in order to diminish the contagious effects of the treaty shopping practices. The case study presented in this article from the Romanian jurisprudence highlights the multi-faced concept of double taxation and the comprehension approach which must be undertaken in order to solve the complex issues of the international taxation via double taxation treaties.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"46 1","pages":"1 - 15"},"PeriodicalIF":1.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84636530","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

The Interface Between the Securitization Act of 2004 and the Financial Rehabilitation and Insolvency Act of 2010 2004年《证券化法案》与2010年《金融复兴与破产法案》之间的衔接

IF 1 3区社会学

Journal of Legal Studies Pub Date : 2018-12-01 DOI: 10.1515/JLES-2018-0009

R. S. Q. Geronimo

{"title":"The Interface Between the Securitization Act of 2004 and the Financial Rehabilitation and Insolvency Act of 2010","authors":"R. S. Q. Geronimo","doi":"10.1515/JLES-2018-0009","DOIUrl":"https://doi.org/10.1515/JLES-2018-0009","url":null,"abstract":"Abstract The interface between securitization law and insolvency law is the central legal concern in designing securitization transactions. The complex structure of these transactions under the Securitization Act of 2004 should be understood within a specific legal context: the possible bankruptcy, insolvency, or liquidation of the “originator” (i.e. the entity requiring securitization financing), which may jeopardize the claims of asset-backed security investors. It is a solution to the risk that security holders with claim to specific assets may end up being subordinated to the interest of preferred creditors and ranked pari passu with, or even lower than, unsecured creditors in a rehabilitation or liquidation proceeding. Under present law, this risk may arise through the “substantive consolidation” and “clawback” provisions of the Financial Rehabilitation and Insolvency Act (FRIA) of 2010. This risk is mitigated through the creation of a bankruptcy remote vehicle and true sale of receivables, and it is the lawyer’s principal role in the securitization process to isolate or ring-fence assets beyond the reach of creditors, and making them an exclusive claim of investors. How this works in theory and practice is the subject of this paper.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"14 1","pages":"1 - 14"},"PeriodicalIF":1.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81008678","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Human Rights for Life. The Experience of Ukraine 生命的人权。乌克兰的经历

IF 1 3区社会学

Journal of Legal Studies Pub Date : 2018-12-01 DOI: 10.1515/JLES-2018-0011

M. Hromovchuk

引用次数: 2

Human Rights for Information in Social Networks: Constitutional Aspect 社会网络中的信息人权:宪法层面

IF 1 3区社会学

Journal of Legal Studies Pub Date : 2018-12-01 DOI: 10.1515/jles-2018-0012

Dmytry Byelov

引用次数: 3

Unilateral Enforcement of Un Security Council Resolutions: The Case of Operation Iraqi Freedom 单方面执行联合国安理会决议:伊拉克自由行动的案例

IF 1 3区社会学

Journal of Legal Studies Pub Date : 2018-12-01 DOI: 10.1515/JLES-2018-0013

A. Ansong

{"title":"Unilateral Enforcement of Un Security Council Resolutions: The Case of Operation Iraqi Freedom","authors":"A. Ansong","doi":"10.1515/JLES-2018-0013","DOIUrl":"https://doi.org/10.1515/JLES-2018-0013","url":null,"abstract":"Abstract The prohibition of armed aggression under Article 2(2) of the United Nations Charter is one of the most important developments in international law and international relations in the modern era. The fact that the right to wage war is no longer accepted as falling within the sovereignty of the state has ushered in an appreciably stable international order based on the rule of law and not the rule of might. While states obviously still engage in warfare and numerous wars have been fought by states in the era of the UN, the very fact that the prohibition of armed aggression has assumed universal acceptance as customary international law is a notable achievement. In spite of the prohibition of armed aggression under the UN Charter, self-defence and collective action mandated by the UN Security Council serve as notable exceptions. The US-led invasion of Iraq in 2003 (i.e. Operation Iraqi Freedom) was peculiar because, the justification for the invasion hinged on the enforcement of UN Security Council Resolutions. This justification thus brought to the fore whether, under international law, there was the right to unilaterally enforce Security Council Resolutions. In the current resurgence of unilateralism typified by the US Trumpled withdrawal or threat of withdrawal from multilateral systems of international governance and cooperation, it is important to reiterate the lessons of unilateralism epitomized by the 2003 invasion of Iraq and the instabilities that have become offshoots of this invasion – e.g. the creation of monsters like the so-called Islamic State. This article discusses the resort to unilateralism under the guise of enforcing UN Security Council resolutions. It also engages in a brief discussion on the justifications for war prior to the UN Charter and the provisions on the use of force prescribed in the Charter. It uses the US-led invasion of Iraq in 2003 as a case study to shed light on legality of unilateral enforcement of UN Security Council Resolutions.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"98 1","pages":"53 - 64"},"PeriodicalIF":1.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76142817","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Member States’ Compliance with EU Law in 2018 in the Field of Internal Market 2018年成员国在内部市场领域对欧盟法律的遵守情况

IF 1 3区社会学

Journal of Legal Studies Pub Date : 2018-12-01 DOI: 10.1515/jles-2018-0010

Daniel Berlingher

引用次数: 2