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Features of the legal status of sports federations in Ukraine 乌克兰体育联合会法律地位的特点
Pub Date : 2023-07-28 DOI: 10.37634/efp.2023.7.22
Oksana Zalizko, V. Danylchenko
Introduction. Sport is an autonomous system that includes a huge array of various public sports organizations connected by complex relationships, the central place among which is occupied by sports federations. The purpose of the paper is to determine the specifics of the legal status and areas of activity of sports federations in Ukraine. Results. Results. The Law of Ukraine "On Physical Culture and Sports" provides for the delegation of powers for the development of the relevant sport, organization and holding of official international and all-Ukrainian sports competitions on the territory of Ukraine, etc. to public associations of physical culture and sports orientation. At the same time, it is difficult to talk about the complete autonomy of sports federations, since the sports federation, among other things, ensures cooperation with the structural units of local state administrations and local self-government bodies regarding the development of the respective sport; agrees with the Ministry, relevant local bodies of executive power and local self-government bodies on the issue of holding international sports competitions on the territory of Ukraine; implements and demands the same implementation from its members of the decisions of the Ministry, relevant contracts with local executive bodies in the field of physical culture and sports; submits a report on the use of budget funds in case of financial support from the state budget to a sports federation for the development of a sport, organization and holding of sports events; is obliged to submit a report to the Ministry on the state of implementation of the cooperation agreement, etc. every year. The peculiarity of the legal status of sports federations in various sports is that they can be created only as non-commercial organizations. At the same time, sports federations can independently or through legal entities created by them carry out entrepreneurial activities, if such activities are not their main activity and correspond to the purpose for which they were created and contribute to its achievement. Conclusion. The legal status of sports federations is hybrid. On the one hand, they are accountable to the central body of executive power - the Ministry of Youth and Sports of Ukraine, and on the other hand, they are autonomous and independently determine the directions of their activities, including: organization and holding of competitions; approval of internal documents and their implementation; implementation of the system of certification of clubs, coaches and other specialists in the field of sports; establishment of institutions, enterprises and organizations to achieve their statutory goals and objectives, participation in civil-law relations, acquisition of property and non-property rights; determination of the mechanism for resolving sports disputes.
介绍。体育是一个自治的系统,它包括大量的各种公共体育组织,这些组织通过复杂的关系联系在一起,其中体育联合会占据着中心地位。该文件的目的是确定乌克兰体育联合会的法律地位和活动领域的具体情况。结果。结果。乌克兰《体育文化和体育法》规定,将发展有关体育运动、在乌克兰领土上组织和举办官方国际和全乌克兰体育竞赛等方面的权力下放给公共体育文化和体育协会。与此同时,很难谈论体育联合会的完全自治,因为体育联合会除其他外,确保与地方国家行政机关和地方自治机构的结构单位就各自体育的发展进行合作;同意该部、有关地方行政权力机构和地方自治机构关于在乌克兰境内举行国际体育竞赛问题的意见;执行并要求其成员同样执行该部的决定以及与地方执行机构在体育和体育领域的有关合同;在国家预算资助体育联合会发展体育项目、组织和举办体育赛事的情况下,提交预算资金使用情况报告;有义务每年向商务部提交一份关于合作协议执行情况等的报告。体育联合会在各种体育运动中法律地位的特殊性在于它只能作为非商业组织创建。同时,体育联合会可以独立地或通过其设立的法人实体开展企业活动,如果这些活动不是其主要活动,但符合其成立的目的,并有助于实现其目的。结论。体育联合会的法律地位是混合的。一方面,他们对中央行政权力机构- -乌克兰青年和体育部负责,另一方面,他们是自主的,独立地决定其活动的方向,包括:组织和举办比赛;内部文件的批准和实施;对俱乐部、教练员和其他体育专业人员实行认证制度;为实现法定目的和宗旨而设立的机构、企业和组织,参与民事法律关系,取得财产和非财产权利;确定体育纠纷解决机制。
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引用次数: 0
Problems of demining and the influence of military actions on the activities of business structures and the agricultural complex of Ukraine 排雷问题和军事行动对乌克兰商业结构和农业综合体活动的影响
Pub Date : 2023-07-28 DOI: 10.37634/efp.2023.7.4
Viktoriia Sotnyk, Viktoriia Mohylevska, T. Fedchuk
The paper is devoted to the analysis of mining problems of a large part of the country's territory. It highlights the impact of military operations on the agro-industrial complex and the activities of business structures. The dynamics of losses due to mining and conducting active hostilities are given. In addition, the problems of the process of demining territories in Ukraine and directions for their solution are highlighted in detail, in particular through the financing mechanism of environmental state targeted programs. According to the research of the Ukrainian Club of Agrarian Business, about 2 million hectares of fields remain in those areas that have been cleared of mines. This leads to economic costs. Thus, Ukraine loses about 800 million dollars every year due to idleness. It is also worth emphasizing the amount of damage to agricultural production and the agro-industrial complex caused by the war. According to analytical estimates of the National Bank of Ukraine, during the war, the economy loses about 50% of "unproduced" GDP. According to experts' estimates, Ukraine loses about 50 billion hryvnias every week, not including losses from destruction. The IMF estimates Ukraine's losses due to the invasion of the occupiers at 35% of GDP. A significant number of business structures of enterprises found themselves in areas where active hostilities are taking place and were forced to evacuate to safe regions or stopped working altogether. A promising task in this direction is the approval of new environmental state target programs in order to demine agricultural territories and use them for the purposes of agricultural production and the implementation of activities of business structures. This mechanism provides for various implementation tools, sources and methods of financing. The mechanism considered in the paper provides for the active cooperation of state customers, investors of state target programs and the public in the implementation of environmental state target programs.
这篇论文专门分析了该国大部分地区的采矿问题。它突出了军事行动对农工综合体和商业结构活动的影响。给出了由于采矿和进行积极敌对行动而造成的损失的动态。此外,详细强调了乌克兰境内排雷进程中的问题及其解决方向,特别是通过环境国家目标方案的融资机制。根据乌克兰农业企业俱乐部的研究,在已清除地雷的地区仍有大约200万公顷的田地。这导致了经济成本。因此,乌克兰每年因闲置而损失约8亿美元。同样值得强调的是,战争对农业生产和农工联合体造成的破坏程度。根据乌克兰国家银行(National Bank of Ukraine)的分析估计,在战争期间,乌克兰经济损失了约50%的“未生产”GDP。据专家估计,乌克兰每周损失约500亿格里夫纳,这还不包括破坏造成的损失。国际货币基金组织估计,由于占领者的入侵,乌克兰的损失占GDP的35%。许多企业的业务结构发现自己处于敌对行动频繁发生的地区,被迫撤离到安全区或完全停止工作。在这个方向上,一项有希望的任务是批准新的国家环境目标计划,以划定农业用地,并将其用于农业生产和商业结构活动的实施。这一机制规定了各种执行工具、资金来源和方法。本文所考虑的机制规定了国家客户、国家目标项目投资者和公众在环境国家目标项目实施中的积极合作。
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引用次数: 0
Distinction between ecocide (art. 441 of the Criminal Code of Ukraine) and violations of the laws and customs of war as damage to the natural environment (art. 438 of the Criminal Code of Ukraine) 生态灭绝的区别(《乌克兰刑法典》第441条)和违反战争法和惯例的行为是对自然环境的破坏(第2条)。(乌克兰刑法第438条)
Pub Date : 2023-07-28 DOI: 10.37634/efp.2023.7.17
Olha Brynzanska
Introduction. Distinction between corpus delicti of criminal offenses is a necessary condition for the correct classification of the crimes.The purpose of the paper is elucidation of the signs by which distinction between the criminal offenses of ecocide (art. 441 of the Criminal Code of Ukraine) and violations of the laws and customs of war as causing damage to the natural environment (art. 438 of the Criminal Code of Ukraine) is made.Results. Since the norm of art. 438 Criminal Code of Ukraine is blanket the provisions of multilateral international agreements and customs on the prohibition of harming the natural environment within military actions are analyzed for elucidation of the signs the corpus delicti of violations of the laws and customs of war as causing damage to the natural environment. The signs of ecocide are devoted in pursuant to the provisions of art. 441 of the Criminal Code of Ukraine. Joint signs of ecocide and violations of the laws and customs of war as causing damage to the natural environment: 1) subject of the crime – natural environment; 2) amount of damage to the natural environment as result of actions what are qualified under the art. 438 or art. 441 of the Criminal Code of Ukraine; 3) subjective («mens rea») – intentially action; 4) perpetrator – a person who has reached 16 years of age (except military officials).Dissenting signs of ecocide and violations of the laws and customs of war as causing damage to the natural environment: 1) object of the crime (security of mankind (ecological security) – for ecocide and peace – for violations of the laws and customs of war as causing damage to the natural environment); 2) substantive («actus reus»): violations of the laws and customs of war as causing damage to the natural environment are committed as way of waging war or consequence of waging war and only in the context of armed conflict.Conclusion. The signs for distinction between ecocide and violations of the laws and customs of war as causing damage to the natural environment are signs of object of the crime and peculiarities of substantive («actus reus») and contextual signs (armed conflict).
介绍。刑事犯罪既遂权的区分是对刑事犯罪进行正确分类的必要条件。本文的目的是阐明生态灭绝罪刑事犯罪的区别标志(第三条)。(《乌克兰刑法典》第441条)和违反战争法和惯例的行为对自然环境造成损害(第2条)。(乌克兰刑法第438条)。自规范的艺术。438 .《乌克兰刑法典》涵盖了多边国际协定和惯例中关于禁止在军事行动中损害自然环境的规定,对这些规定进行了分析,以阐明违反战争法和惯例造成自然环境损害的行为的法律效力。生态灭绝的标志是根据艺术的规定进行的。《乌克兰刑法》第441条。生态灭绝与违反战争法、战争习惯作为破坏自然环境的共同标志:1)犯罪主体——自然环境;2)因本条所限定的行为而对自然环境造成的损害程度。438或艺术。《乌克兰刑法》第441条;3)主观的(“意图”)—有意的行为;4)犯罪者-年满16岁的人(军官除外)。生态灭绝和违反战争法律和习惯的不同迹象造成自然环境的破坏:1)犯罪对象(人类安全(生态安全)-生态灭绝与和平-违反战争法律和习惯造成自然环境的破坏);2)实质性(“真实行为”):违反战争法和惯例造成自然环境损害的行为是作为发动战争的方式或发动战争的后果而实施的,并且仅在武装冲突的背景下。区分生态灭绝与违反战争法和战争习惯对自然环境造成损害的标志是犯罪对象的标志以及实质性(“真实行为”)和情境性标志(武装冲突)的特点。
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引用次数: 0
Analysis of tools for the interaction of the government and society: financial security, legislative regulation 分析政府与社会互动的工具:金融安全、立法监管
Pub Date : 2023-07-28 DOI: 10.37634/efp.2023.7.9
Hennadii Nikolenko, L. Melnyk, T. Fursa, I. Kantsir
Introduction. The paper is devoted to interaction between the authorities and the community at the legal and financial levels. The institutional mechanism for ensuring the implementation of personnel support for the effective functioning of local self-government bodies in Ukraine at the current stage of development are revealed. The purpose of the paper is the analysis to solve the current problems of state management, administration, development of territorial communities requires the modernization of the system of public management and administration. Results. Forms, principles, economic and legal regulation of the organization and functioning of the community are provided. At the present stage, united communities are faced with a number of problems and challenges, such as the globalization of the economy, increased mobility of labor resources and the related increase in unemployment, increased international competition for investments and development resources. A set of problems and prospects contributing to the development of communities as important territorial units is justified. A model of the strategy for further development according to international practices is presented. The peculiarities of the concept of "territorial community" as a political, social, and economic phenomenon of local self-government were investigated.Conclusion. The redistribution of power and resources between the state and local self-government bodies involves the use of system tools in regulating the socio-economic space and achieving macroeconomic stability of the territory swarm and the state as a whole. Research methodology includes methods of scientific knowledge such as descriptive, systematic and analysis. The practical value of the work lies in the conclusions of the study and further research. Specialists in the legal and economic sectors can use this material.
介绍。该文件专门讨论当局与社区在法律和财政两级的相互作用。揭示了在目前的发展阶段确保对乌克兰地方自治机构有效运作提供人员支助的体制机制。本文的目的是分析解决当前国家管理、行政存在的问题,发展属地社区需要公共管理和行政体制的现代化。结果。规定了社区组织和运作的形式、原则、经济和法律规定。在现阶段,联合社区面临着许多问题和挑战,例如经济全球化、劳动力资源流动性的增加以及与之相关的失业人数的增加、对投资和发展资源的国际竞争的加剧。作为重要的领土单位,促进社区发展的一系列问题和前景是合理的。根据国际惯例,提出了进一步发展的战略模式。“地域共同体”概念作为地方自治的一种政治、社会和经济现象的特殊性进行了考察。国家与地方自治主体之间的权力和资源再分配涉及运用制度工具调节社会经济空间,实现领土群和国家整体的宏观经济稳定。研究方法论包括描述性、系统性和分析性等科学知识方法。本文的实用价值在于本文的研究结论和进一步的研究。法律和经济领域的专家可以使用这些材料。
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引用次数: 0
Theoretical principles of budgeting as a method of economic management of enterprise’s activity 预算作为企业活动经济管理方法的理论原理
Pub Date : 2023-07-28 DOI: 10.37634/efp.2023.7.11
Kseniia Blyzniuk
The paper is devoted to the study of the theoretical foundations of budgeting as a method of economic management of the enterprise. It has been proven that in modern conditions, budgeting is aimed at increasing the efficiency of its activities in the current period and in the future. There are considered modern approaches to the interpretation of the budget and the budgeting process at the enterprise. The analysis of various literary sources regarding the definition of the concept of "budgeting" was carried out. Various approaches to revealing the economic essence of the concept of budgeting have been identified. It was found that disagreements related to the interpretation of the term budgeting system by scientists lead to differences in the identification of its functions.The following approaches to the interpretation of the essence of the budgeting process are distinguished: budgeting as a tool for planning the enterprise's activities; budgeting as a tool for operational and tactical planning; budgeting as a management method; budgeting as a management technology.Also, there are considered the economic essence of budgeting as a method of economic management of the enterprise's activities, aimed at forming a system of budgets for all areas of its activity. The task of budgeting is systematized, the elements of the budget system infrastructure at the enterprise are presented. A sequence of stages in the formation of the budget system aimed at optimizing the economic management of the enterprise is proposed. A sequence of stages in the formation of the budget system aimed at optimizing the economic management of the enterprise is proposed.On the basis of the conducted research, a modern conceptual approach to the definition of the concept of "budgeting system" was formed.
本文致力于研究预算作为一种企业经济管理方法的理论基础。事实证明,在现代条件下,预算编制的目的是提高其当期和未来活动的效率。有一些被认为是解释预算和企业预算编制过程的现代方法。对各种文献资料对“预算”概念的界定进行了分析。已经确定了揭示预算概念的经济本质的各种方法。研究发现,科学家对“预算制度”一词的解释存在分歧,导致对其功能的识别存在差异。对预算编制过程本质的解释有以下几种不同的方法:将预算编制作为规划企业活动的工具;预算编制作为业务和战术规划的工具;预算作为一种管理方法;预算作为一种管理技术。此外,还有人认为预算的经济本质是对企业活动进行经济管理的一种方法,其目的是为企业活动的所有领域形成一个预算系统。对预算任务进行了系统化,提出了企业预算系统基础设施的要素。提出了以优化企业经济管理为目标的预算制度形成的一系列阶段。提出了以优化企业经济管理为目标的预算制度形成的一系列阶段。在此基础上,形成了对“预算制度”概念界定的现代概念方法。
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引用次数: 0
Main types of subjects of protection of rights and legal interests of city councils in economic relations 市议会在经济关系中权利和合法利益保护主体的主要类型
Pub Date : 2023-07-28 DOI: 10.37634/efp.2023.7.18
Maksym Kyrylenko
The relevance of the paper is due to the fact that at the current stage of the development of legal science, there is a need to unify the views of scientists and legislation regarding the composition of entities protecting the rights and interests of city councils.The purpose of the paper is to formulate a categorization of the entities protecting the rights and interests of city councils in the economic sphere.The paper analyzes the approaches, positions of the legislation and systematizes the features of the categorization of subjects of this category, including: the feature of priority of legal personality (subjects of the first, second and third priority categories of protection entities are distinguished ), a sign of territorial jurisdiction, a sign of authority (or an organizational and legal sign). It was determined that the list of subjects of this type was formulated in the content of the considered signs, taking into account the grounds related to violations of the rights and interests of local communities and city councils, provided for by legislation. It was established that within the framework of the author's approach, the subjects of protection of the rights and interests of local communities in Ukraine in view of the grounds associated with violations of the specified type consist of: 1) at the pre-trial (claim) and judicial level: local communities, district and regional councils, city councils, communal institutions, organizations, enterprises of cities, whose powers include (does not include) management of communal property of territories; 2) exclusively at the judicial level: courts of relevant jurisdictions; communal institutions, organizations, enterprises of cities, those from which independent claims are not made within the framework of court cases and which are on the side of the plaintiffs (city councils).It has been established that the presented categorization of the subjects of protection of the rights and interests of city councils is aimed at ensuring the development of the theoretical base in the context of the specified issues.
本文的相关性在于,在法学发展的现阶段,对于保护市议会权益的实体构成问题,有必要统一科学家和立法的观点。本文的目的是对保护市议会在经济领域的权利和利益的实体进行分类。本文分析了立法的途径、立场,梳理了该类主体分类的特征,包括:法人优先特征(区分保护主体第一、二、三优先类别的主体)、属地管辖标志、权威标志(或组织与法律标志)。委员会决定,这类主题的清单是在审议的标志的内容中拟订的,同时考虑到立法规定的与侵犯地方社区和市议会的权利和利益有关的理由。根据撰文人的做法,鉴于与特定类型的侵权行为有关的理由,保护乌克兰当地社区权利和利益的对象包括:1)在审前(索赔)和司法一级:地方社区、区和地区议会、市议会、社区机构、组织、城市企业,其权力包括(不包括)管理领土的公共财产;2)仅在司法层面:相关司法管辖区的法院;城市的社区机构、组织、企业,在法庭案件的框架内不提出独立的索赔并站在原告一方的机构(市议会)。已经确定,对市议会权利和利益保护主体的分类是为了确保在具体问题的背景下发展理论基础。
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引用次数: 0
Problems of comprehensive assessment of the impact of global business structures on the development of the national economy 综合评价全球商业结构对国民经济发展影响的问题
Pub Date : 2023-07-28 DOI: 10.37634/efp.2023.7.2
T. Lazorenko, L. Pashchuk, Y. Yezhelyi
The paper is devoted to the activities of enterprises and their impact on the state economy. The activities of enterprises are aimed at achieving economic and social results and making a profit in addition, it is related to the provision of the needs of each person, is subject to the influence of many factors and covers a wide range of organizational, technological, economic and financial issues. The paper analyzes the main aspects of the economic significance of the activities of enterprises for the effective functioning of the national economy. Business has been proven to be of global importance through financial inflows, foreign investment and share of gross domestic product. Stability of enterprise activity, achievement of competitive advantages, strengthening of the enterprise’s position on the market – all this is achieved by implementation of rational and carefully developed economic policy of business entities and state policy. That is why the problem of formation and management of the economic policy of the enterprise becomes especially relevant. The main aim of the research is to identify the risks and prospects of enterprise activity on the national economy in modern conditions. Support for the economy is provided only by those enterprises that correctly and competently determine the requirements of the market, organize the production of competitive products and services that are in demand, skillfully carry out highly qualified creative labor staff All this requires fundamental and in-depth economic knowledge, and therefore, appropriate training of economics specialists. The paper describes the state of enterprise activity, possible threats, prospects, and further vectors of development in the post-war period. The practical value of the research is reflected in the results of the work and its follow-up scientific research. The authors concludes that the following steps have been taken in recent years to improve the relationship between entrepreneurship and the national economy: comprehensive regulation of the business sector, development of a simplified program for permitting procedures and registration of property rights, high-quality and modern procedures for starting and closing a business, obtaining administrative services at the highest level, observance of state control over the activities of business entities and reforming the provision of administrative services, mitigation of taxation.
这篇论文专门研究企业的活动及其对国家经济的影响。企业活动的目的是实现经济和社会成果并获得利润,此外,它还涉及到每个人的需求的提供,受到许多因素的影响,并涵盖了广泛的组织、技术、经济和财务问题。本文主要从几个方面分析了企业活动对国民经济有效运行的经济意义。通过资金流入、外国投资和国内生产总值(gdp)的份额,商业已被证明具有全球重要性。企业活动的稳定,竞争优势的实现,企业在市场上的地位的加强——这一切都是通过实施合理和精心制定的经济政策和国家政策来实现的。这就是为什么企业经济政策的形成和管理问题变得尤为重要。研究的主要目的是确定在现代条件下企业活动对国民经济的风险和前景。只有正确和称职地确定市场需求,组织有竞争力的产品和有需求的服务的生产,熟练地培养高素质的创造性劳动人员的企业,才能为经济提供支持。所有这些都需要基本和深入的经济知识,因此需要对经济学专家进行适当的培训。本文描述了战后企业活动的状况、可能的威胁、前景和进一步的发展方向。研究的实用价值体现在工作成果及其后续科学研究中。作者的结论是,近年来为改善企业家精神与国民经济之间的关系采取了以下步骤:全面规范商业部门,制定简化的产权许可程序和登记程序,高质量和现代化的开办和关闭企业程序,获得最高级别的行政服务,遵守国家对企业活动的控制,改革行政服务的提供,减轻税收。
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引用次数: 0
Strategic management of sustainable development of industrial enterprises in the conditions of the post-war reconstruction of Ukraine 乌克兰战后重建条件下工业企业可持续发展的战略管理
Pub Date : 2023-07-28 DOI: 10.37634/efp.2023.7.15
I. Tarasenko, Kostiantyn Olefirenko, T. Polozova, Olena Murzabulatova
Introduction. The paper deals with the problem of improving strategic management of sustainable development of industrial enterprises. The shortcomings of the strategic management of Ukrainian industrial enterprises are due to the decline in the growth rates of the world and Ukrainian economy, the war, the specifics of the development of socio-economic relations. The purpose of the paper to study the concept of strategic management of sustainable development of industrial enterprises.Results. The main problem of the study is related to the imperfection of the strategic management of the enterprise's investment policy, which leads to a slowdown in the development of the enterprise and a decrease in competitiveness. The methodological base of the research is determined, the basis of which is: system theory, a system approach to managing the sustainable development of the enterprise, the theory and practice of modeling, strategic management, investment planning. An improved model is proposed, which determines the interdependence of strategic management of investment policy and sustainable economic development of the enterprise, and an algorithm for managing the process of developing an investment strategy of an industrial enterprise is presented. This mechanism takes into account the main indicators of sustainable development of an industrial enterprise. The mechanism of strategic management, which has a complex nature, is considered. The management of the enterprise is oriented towards serious transformations, takes into account the proposed methods and tools of formation and management of investment capital of an industrial enterprise in conditions of uncertainty.Conclusion. It has been proven that the use of more advanced mechanisms for the development and management of the organization's strategic activities allows the company's management to improve management processes, make the best decision regarding the choice of strategy and the amount of investment resources necessary to achieve the sustainable development of an industrial enterprise.
介绍。本文探讨了如何提高工业企业可持续发展的战略管理问题。乌克兰工业企业战略管理的不足是由于世界和乌克兰经济增长率的下降、战争、社会经济关系发展的特殊性。本文的目的是研究工业企业可持续发展战略管理的概念。研究的主要问题与企业投资政策战略管理的不完善,导致企业发展放缓,竞争力下降有关。确定了研究的方法论基础,其基础是:系统论、企业可持续发展管理的系统方法、建模的理论与实践、战略管理、投资规划。提出了一个确定投资政策战略管理与企业经济可持续发展相互依存关系的改进模型,并给出了工业企业投资战略制定过程的管理算法。该机制考虑到工业企业可持续发展的主要指标。分析了具有复杂性的战略管理机制。企业的管理以严肃的转型为导向,考虑到在不确定条件下工业企业投资资本形成和管理的方法和工具。事实证明,使用更先进的机制来开发和管理组织的战略活动,可以使公司的管理层改进管理流程,在战略选择和投资资源数量方面做出最佳决策,以实现工业企业的可持续发展。
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引用次数: 0
Legal responsibility for animal cruelty: EU and Ukraine practice 虐待动物的法律责任:欧盟和乌克兰的做法
Pub Date : 2023-07-28 DOI: 10.37634/efp.2023.7.20
A. Kiryk, A. Danilova
The paper examines the issue of legal responsibility for animal cruelty in Ukraine and EU member states. The main acts of domestic legislation, which specialize in the protection of animals from cruel treatment, have been identified. It has been established that the EU member states have implemented a significant number of legal acts that allow the protection of animals at the legislative level. In all European countries, abuse of animals is considered a crime and is punishable by a fine or even imprisonment. The legislation of Italy, Norway, Greece and France was analyzed. It has been established that in Italy the term of imprisonment ranges from 3 to 18 months, and the fine that the animal abuser will have to pay can reach 30,000 euros. Norway is also worthy of attention, where the penalty is imprisonment for up to 1 year, the imposition of a fine with confiscation of the animal. In Greece, animal cruelty is subject to administrative and criminal liability. Administrative responsibility can reach 30,000 thousand euros. Criminal liability consists of imprisonment for up to 10 years and fines from 30,000 to 50,000 euros. In France, criminal liability is provided in the form of imprisonment for up to 5 years and a fine of up to 75,000 thousand euros. Based on the analysis of the legislation of European countries, changes to the domestic legislation are proposed, namely, it is worth borrowing foreign experience and in case of cruel treatment of animals, in addition to the prescribed confiscation of the animal, establish a ban on their further keeping. In addition, a global problem in the area of prosecution is the low public awareness of legal responsibility for animal cruelty, so one of the important measures is the implementation of legal education measures regarding administrative and criminal norms that provide for responsibility and the degree of punishment for the specified offense.
本文考察了乌克兰和欧盟成员国虐待动物的法律责任问题。已经确定了专门保护动物免受残忍对待的国内立法的主要行为。已经确定的是,欧盟成员国已经实施了大量的法律行为,允许在立法层面上保护动物。在所有的欧洲国家,虐待动物都被视为犯罪,可处以罚款甚至监禁。对意大利、挪威、希腊和法国的立法进行了分析。根据规定,在意大利,监禁期限从3个月到18个月不等,虐待动物者必须支付的罚款可达3万欧元。挪威也值得注意,其处罚是长达1年的监禁,处以罚款并没收动物。在希腊,虐待动物要承担行政和刑事责任。行政责任可达3万欧元。刑事责任包括最高10年的监禁和3万至5万欧元的罚款。在法国,刑事责任以最高5年监禁和最高75,000欧元罚款的形式规定。在分析欧洲各国立法的基础上,提出了国内立法的修改,即值得借鉴国外的经验,在残忍对待动物的情况下,除了规定没收动物外,还应禁止其进一步饲养。此外,在起诉领域的一个全球性问题是公众对虐待动物的法律责任意识不高,因此重要的措施之一是实施关于行政和刑事规范的法律教育措施,规定对特定罪行的责任和处罚程度。
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引用次数: 0
Formation of information decision support system in the diagnostics of management efficiency of enterprise’s financial and economic activity 企业财务经济活动管理效率诊断中的信息决策支持系统的形成
Pub Date : 2023-07-28 DOI: 10.37634/efp.2023.7.6
D. Dmytrenko
The complexity management of financial and economic activity of the enterprise requires the search for qualitatively new approaches to the formation, systematization and analysis of information in order to identify and solve the problems of developing a strategy and tactics for the development of the enterprise.The purpose of the paper is the formation and justification of the structure of information support system’s formation concerning decisions in the diagnostics of financial and economic activity of the enterprise management efficiency, which is aimed at increasing the effectiveness of management decision-making of a strategic and tactical nature.The tasks of the information support system for diagnostics of financial and economic activity of the enterprise management efficiency have been determined, which allows to eliminate a number of causes of information uncertainty in the process of managing the enterprise's activities.It is proved that the system of information support for decision-making in the diagnosis of financial and economic activity of the enterprise management efficiency should be considered in the form of three interconnected subsystems, which are lower-order systems, namely: the financial and information system, the system of financial and information diagnostics and the system of detected financial problems. The author proposed a comprehensive functionality of all components of the information support system for decision-making support in the diagnosis of the management of the financial and economic activities of the enterprise, which will increase the validity and effectiveness of the management decisions made, taking into account the influence of the instability of the external and internal environment of its functioning.
企业的财务和经济活动管理的复杂性要求寻找定性的新方法来形成、系统化和分析信息,以便确定和解决为企业发展制定战略和战术的问题。本文的目的是对企业财务经济活动决策信息支持系统结构的形成和论证,以提高战略战术性质的管理决策的有效性。确定了企业财务经济活动诊断信息支持系统的任务,从而消除了企业活动管理过程中产生信息不确定性的诸多原因。证明了企业管理效率财务经济活动诊断决策的信息支持系统应以三个相互关联的子系统的形式来考虑,这三个子系统是低阶系统,即财务与信息系统、财务与信息诊断系统和财务问题检测系统。笔者提出将信息支持系统各组成部分的综合功能用于企业财务经济活动管理诊断中的决策支持,考虑到其运行的外部和内部环境的不稳定性的影响,将增加管理决策的有效性和有效性。
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引用次数: 0
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Economics. Finances. Law
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