Ekonomia i Prawo-Economics and Law最新文献

{"title":"Cultural institutions in Poland: the nature of their organisation and financing","authors":"Małgorzata Gałecka, Katarzyna Smolny","doi":"10.12775/eip.2023.012","DOIUrl":"https://doi.org/10.12775/eip.2023.012","url":null,"abstract":"Motivation: Previous research regarding the external conditions of public cultural institutions inspired us to analyse the internal conditions of individual institutions.Aim: The purpose of the current study is to answer the question of whether and how the internal regulations pertaining to theatres based on financial, organisational, and creative autonomy affect the financial and substantive performance of public cultural institutions. In order to achieve the aim of the study and answer the research question, we analysed cultural institutions in terms of their system. Additionally, the financial and substantive situation of the studied theatres was analysed.Results: The lack of clear process and entity requirements affects the dependence of the performance of public cultural institutions on individual, internal organisational arrangements, suggesting the need to unify these processes through a reform of these institutions. Attention should be paid to the transparency of public spending, organizational culture and effectiveness of public cultural institutions. In the current legal status, the conducted showed a large discrepancy in the results of the theatres studied.","PeriodicalId":51956,"journal":{"name":"Ekonomia i Prawo-Economics and Law","volume":"46 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90393793","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":"Motives and expectations of platform workers in Poland","authors":"Magdalena Tusińska","doi":"10.12775/eip.2023.022","DOIUrl":"https://doi.org/10.12775/eip.2023.022","url":null,"abstract":"Motivation: Nowadays in economic literature the increasing popularity of the concept of platform work and gig economy can be observed. Nevertheless, this growth is not accompanied by a sufficient amount of empirical research into this new phenomenon, especially referring to the Polish labour market. Therefore, such studies on this issue are fundamental.Aim: The first aim of the article was to identify the main motives why some people in Poland started rendering services as platform workers. The second one was to assess to what extent the expectations of platform workers in Poland have been met.Results: Based on the analysis of the current world literature and using the method of the diagnostic survey, it was verified which circumstances and features of platform work were crucial to workers in Poland and what reasons led to expectations not being met. It turned out, that income, flexibility and independence are crucial motives. A concern for majority of respondents was low and unstable incomes. Many workers were also disappointed with the apparent flexibility. In general, the expectations of platform workers in Poland seem to be met to a significant extent, which may contribute to the growing acceptance of this form of work and its popularity.","PeriodicalId":51956,"journal":{"name":"Ekonomia i Prawo-Economics and Law","volume":"47 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89847320","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":"EVALUATION OF THE INTEGRAL INDICATOR OF MACROECONOMIC STABILITY","authors":"І. Didenko, Alina Yefimenko","doi":"10.15407/econlaw.2023.01.084","DOIUrl":"https://doi.org/10.15407/econlaw.2023.01.084","url":null,"abstract":"The article defines features of macroeconomic stability, its factors and approaches to assessment. This is the state of the national economy, in which aggregate demand and supply are balanced, production and consumption are balanced. The main goal of the article is to evaluate the integral indicator of macroeconomic stability as a general indicator of the state's economic development based on the financial statements of 35 European countries in 2010, 2015 and 2020. Solving the specified task contributes to the identification of the leading countries and their main socio-economic and anti-crisis policies, which can serve as guidelines for the adoption of balanced strategic decisions by other states. It was determined that the integral indicator of macroeconomic stability is a versatile assessment of the effectiveness of the national economy on the world market. The main indicators of the state's economic development are an increase in the volume of Gross Domestic Product (GDP) and Gross National Income (GNI), a decrease in the level of inflation and unemployment, the stability of the national monetary unit, the Gini index close to 0, etc. In the conditions of globalization, the list of indicators is constantly expanding. The following research tools were used in the article: methods of analysis and synthesis, grouping, bibliographic analysis, comparison method, factor analysis, calculation of the integral indicator, graphic method, etc. The use of the method of principal components confirmed the hypothesis that the first factor includes those indicators that exert a stronger influence on macroeconomic stability. Based on the visualization of the integral indicator of macroeconomic stability, the leading country – Switzerland – was determined. The socio-economic features and anti-crisis measures of the specified state can be a reference point for other countries. Among these characteristics, the following are highlighted: creation of compensation programs for companies in the post-crisis period; creation a flexible labour market; allocation of funds for research and development (in Switzerland – 3 % of GDP); combination of digitization processes with investment policy. The results of research can be useful for state bodies when developing elements of national economic policy.","PeriodicalId":51956,"journal":{"name":"Ekonomia i Prawo-Economics and Law","volume":"1 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83264827","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":"REGARDING THE NEED TO APPLY THE THEORY OF LEGAL FICTION WHEN DEFINING THE CONCEPT OF “CRYPTOCURRENCY”","authors":"O. Podtserkovnyi, L. Mogyl","doi":"10.15407/econlaw.2023.01.011","DOIUrl":"https://doi.org/10.15407/econlaw.2023.01.011","url":null,"abstract":"The article is devoted to the legal analysis of the concept of cryptocurrency in the context of the need to harmonize its legal and economic characteristics. The economic content of cryptocurrencies has been studied, taking into account the fact that they were created specifically to perform economic functions — decentralized storage and circulation of value. It is substantiated that the presence of decentralized principles of cryptocurrency emission through mining and the existence of blockchain technologies and cryptographic algorithms do not allow the state to establish legal features of cryptocurrency through traditional legal forms of defining a certain subject as a means of payment. It was concluded that cryptocurrency couldn’t be defined as an intangible good, regulated by the Civil Code of Ukraine, because of the economic purpose of cryptocurrency as a means of circulation and preservation of value. It is proposed a legal approach to cryptocurrency, which would allow incorporating cryptocurrency into the national legal system and circulation operations, prevent shadow operations and the legalization of “dirty funds”. In this context, it is proposed to approach cryptocurrency as ejusdem generis, bringing the understanding of cryptocurrencies closer to other things. The possibility of recognizing of cryptocurrency as the right of claim characteristic of non-cash money is denied. Unlike electronic money, cryptocurrencies do not mediate the payment obligation and the right to demand. It was concluded that cryptocurrency should be defined, taking into account the theory of legal fiction, an interchangeable type of virtual asset in the form of an encrypted electronic record, the emission and accounting of which is performed decentralized on the basis of distributed ledger technology and cryptographic algorithms, which is an object of property rights and can perform circulation and accumulation functions.","PeriodicalId":51956,"journal":{"name":"Ekonomia i Prawo-Economics and Law","volume":"4 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81990887","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":"APPLICATION OF ALTERNATIVE METHODS OF PROTECTING THE RIGHTS OF ECONOMIC ENTITIES: UKRAINIAN REALITIES AND THE EXPERIENCE OF EU COUNTRIES","authors":"B. Derevyanko, H. Hreshchuk, O. Turkot","doi":"10.15407/econlaw.2023.01.034","DOIUrl":"https://doi.org/10.15407/econlaw.2023.01.034","url":null,"abstract":"The article examines the application of alternative methods of protecting the rights of economic entities in Ukraine and in some countries of the European Union (hereinafter EU) and provides proposals for improving Ukrainian legislation regarding the legal regime of alternative methods of protecting the rights of economic entities and introducing innovations to provide access to alternative ways of protecting the rights of business entities, especially those that suffered as a result of russian aggression. The scientific novelty consists in the research of the relationship between the participants in the application of alternative methods of protecting the rights of economic entities in Ukraine and in some EU countries and providing proposals for improving Ukrainian legislation regarding alternative methods of protecting the rights of economic entities and introducing innovations to provide access to alternative methods protection of the rights of economic entities, especially those that suffered as a result of russian aggression. Based on the experience of individual EU member states and other developed states, the article proposed in Ukraine: 1) to create state centers that will provide services using alternative methods of protecting the rights of economic entities; 2) to develop a program to support the above-mentioned centers in terms of conducting popularization activities among Ukrainian economic entities, especially those affected by russian aggression; 3) to introduce an electronic platform, with the help of which economic entities and ordinary citizens could settle disputes in a pre-trial procedure, using alternative ways of protecting rights, etc.; 4) extend the jurisdiction of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of Ukraine to disputes between Ukrainian economic entities.","PeriodicalId":51956,"journal":{"name":"Ekonomia i Prawo-Economics and Law","volume":"38 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79659903","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":"PROBLEMS OF APPLYING LEGAL TECHNIQUES AND TERMINOLOGY IN ECONOMIC AND ECONOMIC PROCEDURAL LEGISLATION OF UKRAINE","authors":"V. Shcherbyna","doi":"10.15407/econlaw.2023.01.003","DOIUrl":"https://doi.org/10.15407/econlaw.2023.01.003","url":null,"abstract":"The article examines the problems of applying legal techniques and terminology in some legal acts of economic and economic procedural legislation. Attention is drawn to the shortcomings, contradictions and inconsistencies of the provisions of individual norms of the specified legal acts, the cause of which is non-compliance with the rules of legal technique and the unsuccessful use of legal terms. In addition, the inconsistency of the terms with the legal concepts that take place in economic legislation consists in not taking into account (not reflecting) the content of the corresponding legal concept and the absence of systematic logical connections between the terms. Four main variants of anomalies in the application of terms in the economic legislation of Ukraine are highlighted: the use of terms that do not reflect the content of legal concepts; the use of the same term to designate legal concepts different in content; the use of different terms to name legal concepts that are identical in content; the use of other terms in the normative-legal acts of the current economic legislation, including those contrary to the terms of the Economic Code of Ukraine. It is noted that certain shortcomings are inherent not only in the current laws, but also in the draft laws under consideration in the Verkhovna Rada of Ukraine. As an example, the draft Law of Ukraine “On the peculiarities of regulation of entrepreneurial activity of certain types of legal entities and their associations in the transition period” is given. The shortcomings of legal technique and legal terminology in the Economic Procedural Code of Ukraine are analyzed. It is claimed that the presence of deficiencies in economic and economic procedural legislation, which are revealed in the process of law enforcement, indicates an inappropriate level of application of legal techniques and terminology at the stage of development and adoption of regulatory legal acts by the competent state bodies, which undoubtedly harms their law enforcement and to some extent discredits the legal system of Ukraine.","PeriodicalId":51956,"journal":{"name":"Ekonomia i Prawo-Economics and Law","volume":"47 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90788884","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":"LEGAL REGULATHION OF PLANNING OF NEW SETTLEMENTS IN THE TERRITORY OF UKRAINE IN THE POST-WAR PERIOD","authors":"S. Potapenko","doi":"10.15407/econlaw.2023.01.062","DOIUrl":"https://doi.org/10.15407/econlaw.2023.01.062","url":null,"abstract":"The article highlights the main problems of legal regulation of the planning and construction of new settlements in the light of the recovery of Ukraine from the consequences of the war. The legal status of the settlement as a settlement system and administrative-territorial unit is considered. It has been analyzed that the design of new settlements on the territory of Ukraine in the post-war period will be carried out in the status of a future comprehensively populated territory. It is considered that proposals and justifications for the planning and development of new settlements can be provided by programs for the comprehensive restoration of the region or the territory of the territorial community, planning schemes for the territory of the Autonomous Republic of Crimea, regions and districts, as well as a comprehensive plan for the spatial development of the territory of the territorial community. It is emphasized that the urban planning documentation of the regional level, the documentation on the spatial development and restoration of the territory of the territorial community can only contain proposals regarding the feasibility of building new settlements, their preliminary financial and economic calculation and proposals on the sources of financing such measures. It is argued that the planning and development of new settlements should be carried out by developing master plans. It was found that the planning of a settlement without an approved name, registration in the accounting data and code of the Codifier of administrativeterritorial units and territories of territorial communities is currently impossible due to gaps in legal regulation. In this regard, it was emphasized the need to take into account the experience of foreign countries in the reconstruction of settlements in Ukraine in the post-war period. The need to regulate at the level of normative legal acts the procedure for selecting the territory for the planning and development of new settlements with the definition of urban planning requirements taking into account the natural, climatic and other conditions of the area of their future development is substantiated. Formulated proposals for the improvement of urban planning legislation.","PeriodicalId":51956,"journal":{"name":"Ekonomia i Prawo-Economics and Law","volume":"2016 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86476152","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":"LEGAL NATURE OF A SMART-CONTRACT AND ISSUES OF ITS APPLICATION IN THE FIELD OF DIGITAL ASSETS","authors":"K. Nekit","doi":"10.15407/econlaw.2023.01.053","DOIUrl":"https://doi.org/10.15407/econlaw.2023.01.053","url":null,"abstract":"The article looks into the concept and legal nature of smart contracts, as well as the issues that arise during the use of smart contracts in the field of digital assets. The technical and legal aspects of the concept of a smart contract are considered. Models of use of smart contracts are described. Scientific and legislative approaches to determining the legal nature of smart contracts are presented. The dual legal nature of a legal smart contract is analyzed: as a form of transaction and an object of copyright. Some issues in the field of protection of the rights of smart contract parties are considered. Based on the findings, temporary solutions in the field of using smart contracts are proposed.","PeriodicalId":51956,"journal":{"name":"Ekonomia i Prawo-Economics and Law","volume":"107 6 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89705988","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":"FINANCIAL BEHAVIOR OF THE POPULATION IN THE CONDITIONS OF WAR: REGIONAL FEATURES","authors":"I. Storonyanska, Lilia Benovska","doi":"10.15407/econlaw.2023.01.071","DOIUrl":"https://doi.org/10.15407/econlaw.2023.01.071","url":null,"abstract":"Domestic and international experience shows that economic, financial, or political instability in the country has a significant impact on changing the behaviour of economic entities. The article analyses the characteristics of the population's behaviour in the conditions of war, finds out the financial aspects and regional peculiarities. The purpose of the article is to clarify the changes in the financial and credit, consumer behaviour of the population in the regional dimension in war conditions and to identify the characteristics of the behaviour of internally displaced persons. In the conditions of war, people are permanently in a state of stress, and the uncertainty regarding the prospects for the development of events in countries increases the influence of cognitive (psychological) factors. As a result, deposits increased in all regions of Ukraine. In the conditions of war, people are permanently in a state of stress, and the uncertainty regarding the prospects for the development of events in countries increases the influence of cognitive (psychological) factors. As a result, deposits increased in all regions of Ukraine. In contrast to the previous crises, in 2022 there was no deployment of the “inflationary psychology” of the population. To a large extent, this is due to the revision of the values and priorities of the population, the forced resettlement of a significant number of the population, the decrease in the income of the population, which encourages the preservation of financial resources. The financial decisions of internally displaced persons were most influenced by the change in approaches to managing their own funds due to the war. Such changes were manifested in increased control over own income and expenses; reviewing the expediency of certain types of expenses in order to save one's own budget.","PeriodicalId":51956,"journal":{"name":"Ekonomia i Prawo-Economics and Law","volume":"24 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87392720","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":"LEGAL GROUNDS, FORMS AND PRINCIPLES OF COMPENSATION FOR DAMAGES DUE TO UKRAINE BY THE MILITARY AGGRESSION OF THE RUSSIAN FEDERATION","authors":"V. Koverznev, S.P. Ponomaryev","doi":"10.15407/econlaw.2023.01.043","DOIUrl":"https://doi.org/10.15407/econlaw.2023.01.043","url":null,"abstract":"The aggressive war waged by the Russian Federation caused significant material losses to Ukraine. According to preliminary estimates of the World Bank, as of the beginning of December 2022, the cost of the post-war reconstruction of Ukraine amounted to 500-600 billion euros, while the full recovery of Ukraine requires the development of a large plan. In this connection, there is a need to solve the problem of real compensation for damages caused to Ukraine by the aggressive war waged by the Russian Federation, which is new and insufficiently researched by representatives of legal science. Based on the analysis, it was concluded that the Charter of the United Nations; The text of the articles on the responsibility of states for internationally wrongful acts, adopted by the Resolution of the General Assembly of the United Nations Organization dated 12.12.2001 No. 56/83, which is a source of customary international law; the interim decision of the International Court of Justice of the United Nations of 16.03.2022 on the immediate halt of the military invasion of the Russian Federation on the territory of Ukraine; The resolution of the General Assembly of the United Nations “Aggression against Ukraine” dated 02.03.2023, which condemns the military invasion of the Russian Federation into Ukraine, together create the prerequisites for the recognition of all military actions committed on the territory of Ukraine by the armed forces of the aggressor state, such that violate current international law and provide grounds for imposing on the Russian Federation the obligation to compensate all damages caused by its military aggression. It was emphasized that the creation of an international regulatory framework regarding the responsibility of the Russian Federation should end with the adoption of a multilateral agreement with the participation of Ukraine as a state that suffered from the armed aggression of the Russian Federation, and other states that agree to search for and confiscate the assets of the Russian Federation, with the aim of using them for real compensation for damages. It is substantiated that the main types of responsibility of the Russian Federation include compensation for property and moral damage; direct compensation for damages caused by the internationally illegal actions of the Russian Federation will take place in the form of restitution (substitution), compensation and satisfaction both separately and by combining them, as well as by charging interest; the decision on the distribution of monetary compensation for damaged or destroyed objects of immovable and movable property, as well as compensation for moral damage and lost profit to the injured persons should be carried out in compliance with the principles of social justice and proportionality.","PeriodicalId":51956,"journal":{"name":"Ekonomia i Prawo-Economics and Law","volume":"42 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72860805","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}