Ekonomia i Prawo-Economics and Law最新文献

{"title":"ACTIVITIES OF BAR OFFICES AND BAR ASSOCIATIONS AS ECONOMIC ACTIVITY","authors":"K. Apanasenko, K. Stechenko","doi":"10.15407/econlaw.2023.01.024","DOIUrl":"https://doi.org/10.15407/econlaw.2023.01.024","url":null,"abstract":"The Law of Ukraine “On the Bar and Legal Practice” provides for the functioning of bar office and bar associations as organizational forms of attorney legal practice. At the same time, the legal status of these subjects needs to be determined from the point of view of possible belonging to a circle of economic subjects. Issues of the legal status of law firms and law associations are discussed in research of V.M. Bogoslavets, O.O. Jaburiya, K.A. Zatulko and M.E. Kiselyov, Yu.M. Yurkevich and others. They considered the issue of the possible belonging of specified legal entities to the number of economic entities, analyzed their organizational and legal form. We believe that conclusions about the nature of their activities are decisive for the assertion that legal entities belong to the circle of economic entities. The analysis of the activities of bar offices and bar associations from the point of view of its possible qualification as an economic activity according to the existing legal regulation was the main task of the authors of the publication. During the research, it was found that bar offices, bar associations provide services, and perform work for a fee based on contracts on the provision of legal assistance. Such activity ensures the satisfaction of the private interests of these legal entities in profit and, at the same time, the implementation of important public interests in providing legal assistance to a wide range of individuals and legal entities. The activity of bar offices and bar associations is the activity of professional entities endowed with rights and obligations identical to the rights and obligations of economic entities. Under such conditions, it is logical to conclude that bar offices (associations) have the status of economic entities. The conducted research confirmed the presence of features of entrepreneurial companies in the understanding of this concept by the Civil Code of Ukraine in bar offices and bar associations. In the future, it is worth finalizing the issue of the specific organizational and legal form of these entities and enshrining the relevant provision in the Law of Ukraine “On the Bar and Legal Practice”.","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":"74344545","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":"The role of joint stock companies in the structural change of Ukraine’s economy","authors":"T. Slyvka, V. Nebrat, T. Bodnarchuk","doi":"10.12775/eip.2023.011","DOIUrl":"https://doi.org/10.12775/eip.2023.011","url":null,"abstract":"Motivation: The corporate sector occupies a special place in the country’s economy and international economic relations. Large joint stock companies (JSCs) are the basis of the country’s economic potential, as they largely form the budgets of individual communities and the state, provide jobs, create networks of connections with small and medium-sized businesses, etc. The study of the relationship between the corporatization of enterprises and structural changes in the economy of Ukraine will allow to determine the socio-economic effect of the activities of JSCs.Aim: The research aimed to identify the socio-economic effect of the development of the corporate sector in the economy of Ukraine and justification of the expediency of government regulation of foreign economic activity of JSCs.Results: The study’s results show a capital accumulation and the dominance of JSCs in low-tech and raw-material sectors. The authors’ findings established that the corporatization process included the transformation of state assets into JSCs and the creation of new financial and industrial conglomerates, mainly in the mining industry and the production of agricultural raw materials. Comparison and generalization of statistical data are carried out as to the nature of foreign economic activities of JSCs. The study identifies a change in the distribution of commodity items towards increase in the share of agricultural raw materials and a tendency towards the reduction of technological chains. It is concluded about descending structural changes and reduction of the technological level of exports.","PeriodicalId":51956,"journal":{"name":"Ekonomia i Prawo-Economics and Law","volume":"56 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88570531","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":"Digital piracy: the issue of knowledge of the institution of copyright law","authors":"","doi":"10.12775/eip.2023.005","DOIUrl":"https://doi.org/10.12775/eip.2023.005","url":null,"abstract":"Motivation: The motivation for considering the familiarity of Polish people with copyright law came from previous studies signalling that familiarity to possibly be low. If this conjecture proves true, it will affect the correct interpretation of what digital piracy is by Poles. This, in turn, can lead to problems in designing surveys to measure digital piracy.Aim: The article adopted two research objectives. The first is factual, the second methodical. The first objective is to try to confirm the claim of low knowledge of the institution of copyright law among Poles. The second objective is to try to establish the usefulness of the heuristic Importance Index and the method of clustering similar averages for determining significant differences in the distributions of the evaluations of illegality regarding the forms of copying due to demographic characteristics.Results: As a result, the survey showed that the claim that Poles demonstrate low level of knowledge regarding the copyright law is valid. While not all situations involving the copying of information goods are interpreted incorrectly, the public is overwhelmingly unable to determine whether particular forms of copying are legal or illegal. The study also found that the social group that most harshly labels particular forms of copying as illegal are those with a university education. At the same time, their harsh judgment does not mean that they correctly interpreted the forms of copying in question as illegal.","PeriodicalId":51956,"journal":{"name":"Ekonomia i Prawo-Economics and Law","volume":"34 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87828256","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":"Institutions for digital labour platforms: results of a study conducted in Poland","authors":"Izabela Ostoj","doi":"10.12775/eip.2023.008","DOIUrl":"https://doi.org/10.12775/eip.2023.008","url":null,"abstract":"Motivation: The development of labour platforms is one of the manifestations of the platformisation of the economy. Their growing popularity has revealed institutional vulnerabilities, particularly with regard to the weak position of platform workers, related to their ambiguous status, controversial regulations of labour platforms including algorithmic control of tasks performed, the rate and method of payment for services rendered, insufficient knowledge of how platforms operate. They are all the subject of intense discussion, also at the EU level.Aim: The identification of desired directions of changes in the institutional environment of labour platforms in Poland — as expected by the society — against the background of the ongoing discussion on this subject in other countries and at the EU level.Results: A diagnostic survey conducted on a large sample of Polish citizens aged 18–70 revealed that the most expected changes that would improve the quality of the institutional environment of labour platforms are: the introduction of a minimum payment for work services and the adoption of the independent worker status, the introduction of universal rules regulating digital platform operations, as well as the introduction of training and information materials on how labour platforms work. Poles attach less importance to the right of platform workers to establish trade unions.","PeriodicalId":51956,"journal":{"name":"Ekonomia i Prawo-Economics and Law","volume":"14 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86120078","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":"The nature of institutions in a process approach","authors":"M. Borkowski","doi":"10.12775/eip.2023.004","DOIUrl":"https://doi.org/10.12775/eip.2023.004","url":null,"abstract":"Motivation: The importance of institutions, understood as common social norms (process approach), is undeniable. As they affect all processes occurring in the economy, it seems crucial to gain a thorough knowledge of their nature. Understanding how institutions work, how they function and how they change would allow for a better explanation of many socio-economic processes occurring in production, exchange and consumption.Aim: The main purpose of this article is to conceptualize institutions in the process approach and to identify the most important features that characterize them. The paper is theoretical and interdisciplinary in nature.Results: The result of the analysis carried out in this article is the identification of the following characteristics of institutions in the process approach: universality, heterogeneity (originality), endogeneity, variability over time (spontaneous and constituted), dependence on the past (historicity), immateriality and direct non-observability. The study also allowed to identify the following features of the institutional system: internal complexity and internal interdependence, which can take the form of relationships of substitutability, complementarity or mutual exclusion.","PeriodicalId":51956,"journal":{"name":"Ekonomia i Prawo-Economics and Law","volume":"1 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81853042","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":"Institutions in the development of Sub-Saharan African countries in 2004–2019","authors":"","doi":"10.12775/eip.2023.006","DOIUrl":"https://doi.org/10.12775/eip.2023.006","url":null,"abstract":"Motivation: Institutions play a significant role in development processes, contributing to understanding the economic backwardness of Sub-Saharan Africa. There is no consensus in the literature on the specific set of institutions that significantly influence developmental processes. Furthermore, there is no convincing evidence that institutions create the proper environment for long-term growth or result from increased development due to advances in human capital and investments. Therefore, the article examines overcoming the developmental backwardness of those countries following sustainable development.Aim: The article aims to analyze whether institutions contribute to the development processes of Sub-Saharan African countries. The paper identifies the differences in channels of institutions’ impact on the two development measures, GDP per capita and the Human Development Index (HDI). Regarding the high diversity in the level of development of countries in the region and the differences in their institutional systems, thirty-two countries in Sub-Saharan Africa were grouped regarding HDI level.Results: The heterogeneous panel Autoregressive Distributed Lags (ARDL) models revealed that in the lower developed countries, financial aid in the form of grants or very low-interest loans from the World Bank and OECD is of particular importance. They show that increased use of CO2 is a proxy for driving forces of African economies (production, investments, etc.). Indicators referring to institutions’ measurement like government effectiveness, political stability, economic freedom, or the number of days for establishing a business play important roles in continuing development.","PeriodicalId":51956,"journal":{"name":"Ekonomia i Prawo-Economics and Law","volume":"1 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89809781","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":"Rationalization of the local budget economy: a comparative analysis of the legislative basis in Poland and Romania in the concepts of positive law and natural law","authors":"Dana Georgeta Alexandru, Beata Guziejewska","doi":"10.12775/eip.2023.001","DOIUrl":"https://doi.org/10.12775/eip.2023.001","url":null,"abstract":"Motivation: The contrast between positive law and natural law regarding the rationalization of public budget management is strongest at the local government level. Local government finances are governed by the budget law enacted by parliament. However, it is at the subnational level of government where the natural right to self-determination and making rational decisions in the interest of local communities is most apparent.Aim: This article evaluates and compares the scope and instruments of Polish and Romanian budget laws that enable the rationalization of managing subnational budgets from the perspective of positive law and natural law. The article is based on research using qualitative methods (a literature review and a critical examination of financial legislation in Poland and Romania) and a descriptive comparative analysis.Results: The research confirms the main thesis of the article that the pillar of budget management rationalization in Polish and Romanian local governments is a symbiosis of positive law with natural law, the underpinning and enhancement of which should be formal legislation.","PeriodicalId":51956,"journal":{"name":"Ekonomia i Prawo-Economics and Law","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135832733","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":"Protection of the consumer rights on the Polish insurance market","authors":"Eleonora Ratowska-Dziobiak","doi":"10.12775/eip.2023.010","DOIUrl":"https://doi.org/10.12775/eip.2023.010","url":null,"abstract":"Motivation: The insurance market in Poland has undergone intensive changes resulting from the development of the market economy model. Poland’s membership in the EU imposes adaptation of the domestic legal order to legislation introduced at the level of the European Community. Consequent on this insurance companies function in the constantly changing legal and economic conditions. Apart from the strive to become more competitive, to increase the demand for the insurance services, insurers must care for the correct relationships with their clients and respect their rights resulting from the signed contract.Aim: The objective of the article is to analyse the factors determining changes in the protection of consumer rights on the Polish insurance market. For a long time, this issue was a secondary subject of regulatory standards, practices and business initiatives introduced in Poland. Along with the progressive modification of the supervisory system and the introduction of new global solutions, the issue of protection of consumer rights has become particularly important.Results: The conducted research indicates that the emergence of new threats and challenges faced by the insurance sector significantly affected the scope of protection, range of insurance products, their distribution channels and way in which the consumer rights are respected. The development of cross-sectoral cooperation, the creation of international capital groups, the spread of the bancassurance phenomenon, have tightened the system of supervision over the financial market. It has become necessary to implement new law regulations that will ensure the availability and high quality of insurance services and the safety of using them.","PeriodicalId":51956,"journal":{"name":"Ekonomia i Prawo-Economics and Law","volume":"111 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79308405","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":"The illiberal model of state capitalism in Poland","authors":"Dawid Piątek","doi":"10.12775/eip.2023.009","DOIUrl":"https://doi.org/10.12775/eip.2023.009","url":null,"abstract":"Motivation: There is growing awareness that a new model of capitalism is emerging. The 2008–2009 Global Financial Crisis was a catalyst for redefining the role of the state in the economy, and as a result state involvement in the economy has been on the rise since then. We can also observe changes in political situation: democracy has been backsliding globally, authoritarian, and populist tendencies are growing. In some countries, those two tendencies are present, and as a result the illiberal model of state capitalism emerged. In recent years, in Poland, state involvement in the economy was growing and authoritarian tendencies were visible. In this context, it is worth asking if there is an illiberal model of state capitalism in Poland?Aim: The aim of the presented paper is to evaluate the political and economic situation in Poland and to check whether there are changes that could be interpreted as building illiberal state capitalism.Results: The results indicate that in Poland many illiberal statist tendencies could be identified.","PeriodicalId":51956,"journal":{"name":"Ekonomia i Prawo-Economics and Law","volume":"15 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81630140","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":"Trust and the quality of formal institutions","authors":"Katarzyna Bentkowska","doi":"10.12775/eip.2023.002","DOIUrl":"https://doi.org/10.12775/eip.2023.002","url":null,"abstract":"Motivation: Trust plays an important role in the functioning of individuals at every level and research confirms that it is linked to economic development. As the levels of trust differ across the countries it is crucial to explore the reasons for such variation and to identify determinants of trust. Trust is often used in research to operationalise informal institutions, however, it can also reflect the quality of formal institutions. Therefore, it is vital to investigate whether trust is to a large extent a deeply rooted attitude, which does not lend itself to intentional shaping or it can be generated by better institutional performance. It remains unclear how institutional performance influences trust, there are many doubts concerning for example the diversion of this relation. The evidence on the relationships between generalised and institutional trust also persists mixed.Aim: The paper aims to investigate the relationship between generalised and institutional trust with the quality of formal institutions.Results: The research confirms the positive relationship between generalised and institutional trust for the total group of 22 European countries. Similarly, higher levels of both kinds of trust are related to better institutional performance. However, when the countries are analysed separately as capitalist and post-socialist, the results differ. The aforementioned relationships are confirmed for capitalist countries. Post-socialist countries are characterized by a lower level of trust and lower quality of institutions. Nevertheless, for this group, there is no evidence for the relationship between generalised and institutional trust, and only partial evidence for the relationship between institutional trust and institutional performance. The results support the concepts underlining the influence of institutions’ quality on trust but some observations are inclined to concepts suggesting that trust is culturally determined and regardless of institutional performance decades are needed for its development.","PeriodicalId":51956,"journal":{"name":"Ekonomia i Prawo-Economics and Law","volume":"73 1 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87760146","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}