{"title":"Subordinated Bonds and the Fulfilment of Their Obligations in the Event of State Aid","authors":"Jānis Kārkliņš, Pauls Zeņķis","doi":"10.22364/jull.16.08","DOIUrl":"https://doi.org/10.22364/jull.16.08","url":null,"abstract":"A bond is a debt security, under which its issuer undertakes to repay to the bondholder the principal of the bond and the interest (the coupon) at a specified point in time, which is to be considered as the redemption of bonds. Bonds have several types: bonds issued by the public sector, bonds issued by capital companies, publicly available bonds, private bonds, convertible bonds, contingent convertible (CoCo) bonds, exchangeable bonds, exchange bonds, callable bonds, subordinated bonds, etc. In economic circulation, subordinated bonds are widespread securities. The subordinated obligation in the bond distinguishes the subordinated bond from other bonds. At the same time, the underlying relationship entails significant risks for the fulfilment of the obligations arising from the bond, which is outweighed by the higher profitability of such bonds. However, there are cases where the obligations arising from subordinated bonds are never met. Such cases may be based not only on the insolvency of the issuer of the subordinated bonds but also on the existence of State aid received by the issuer. In view of the recent financial difficulties of several banks, the likelihood of an issuer that has received State aid being able to meet its obligations under subordinated bonds becomes a particularly acute matter.","PeriodicalId":494816,"journal":{"name":"Juridiskā zinātne","volume":"76 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136115157","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":"Perspectives and Methodological Peculiarities in Developing the Form of Governance in the Republic of Armenia","authors":"Anahit Manasyan","doi":"10.22364/jull.16.07","DOIUrl":"https://doi.org/10.22364/jull.16.07","url":null,"abstract":"The current article considers the issues concerning perspectives and methodological peculiarities of developing the model of governance in the Republic of Armenia. The history of developing the form of governance in the Republic of Armenia, advantages and disadvantages of different forms of governance, factors and circumstances, which should underlie the selection of the form of governance are studied in the article. The author concludes that, while speaking on the forms of governance, we are often guided by fictional perceptions, which should be overcome and cannot serve as the basis for reforms concerning the aforementioned issue. Moreover, in the result of processes of legal convergence, the forms of governance have borrowed from each other the mechanisms that are not originally typical of them, and from this aspect their rapprochement can frequently be noted. The author notes that the problems, solution of which is the main reason for continuous changes of the form of governance, will not be solved in conditions of new reforms implemented by the same logic. Hence, the axis of the problem of the further improvement of the model of governance in the Republic of Armenia should be transformed from the issue of making a choice between this or that form of governance, and the attention should primarily be focused on improving the mechanisms of separation and balance of powers, as well as forming and strengthening constitutional and political traditions and culture.","PeriodicalId":494816,"journal":{"name":"Juridiskā zinātne","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136113140","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":"Victim of Crime and the State’s Liability for the Result of Criminal Proceedings","authors":"Kristīne Strada-Rozenberga, Dāvids Gurevičs","doi":"10.22364/jull.16.04","DOIUrl":"https://doi.org/10.22364/jull.16.04","url":null,"abstract":"This paper examines the issues related to the state’s liability for such a result of criminal proceedings that impairs the victim’s right to a fair trial. The views presented in this paper follow the notion of the victim’s constitutional rights in Latvia and the principles established in the jurisprudence of the European Court of Human Rights, particularly with respect to the victim’s right to an effective and thorough investigation of a crime. Consequently, this paper provides an analysis of Latvia’s regulative framework on reparation of harm caused by state’s unlawful actions in criminal proceedings and the implementation thereof in the case law.","PeriodicalId":494816,"journal":{"name":"Juridiskā zinātne","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136113312","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":"First Century of the Satversme: Constitutional Development and Perspectives","authors":"Ringolds Balodis, Jānis Pleps","doi":"10.22364/jull.16.06","DOIUrl":"https://doi.org/10.22364/jull.16.06","url":null,"abstract":"The centenary of the Satversme – the Constitution of the Republic of Latvia – in 2022 was an important event for the State of Latvia. The Satversme is one of the oldest valid constitutions in Europe. Its fate is unique, making Latvia interesting in the context of comparative constitutional law.The authors of this article have examined the creation and evolution of the Satversme in the course of the last century, as well as analysed the current changes to the system of the Latvian State. Re-examining the instruments of direct democracy (referendum and legislative initiative), by expanding participation of the totality of Latvia’s citizens in public administration, has been outlined as a direction requiring improvements, likewise, “parliamentary weakness”, leading to judicial activism, is examined and leads to reflections on the need to increase the role of the President in the area of separation of powers, as well as control over the parliament and the executive power.","PeriodicalId":494816,"journal":{"name":"Juridiskā zinātne","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136115361","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}