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Classification of International Preferential and Regional Trade Agreements 国际优惠和区域贸易协定分类
Pub Date : 2020-06-15 DOI: 10.14505/jarle.v11.3(49).16
Viktoriia Holubieva
The article is devoted to comprehensive generalization of features/characteristics of international trade agreements/treaties which introduce/fix certain trade advantages in the tariff and non-tariff spheres. The article identifies fifteen classification features/characteristics of the analyzed international agreements. The features are divided into groups: those simultaneously inherent in all/any mentioned international trade agreements/treaties; those inherent only in international economic integration agreements/treaties; those inherent just in preferential international trade agreements/treaties. Practical relevance: The classification gives an opportunity to suggest some definitions/terms, which take into consideration/involve some separated particulars, namely those of preferential trade agreements, international economic integration agreements, which also include regional trade agreements.
本文致力于全面概括在关税和非关税领域引入/确定某些贸易优势的国际贸易协定/条约的特点。本文确定了所分析的国际协定的15个分类特征。这些特征分为以下几类:同时存在于所有/任何提到的国际贸易协定/条约中的特征;只有国际经济一体化协定/条约所固有的;优惠国际贸易协定/条约所固有的。实际意义:这种分类提供了一个机会来提出一些定义/术语,这些定义/术语考虑到/涉及一些单独的细节,即特惠贸易协定,国际经济一体化协定,其中也包括区域贸易协定。
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引用次数: 0
Legal Regulation of the Transition of Kazakhstan to Green Economy 哈萨克斯坦向绿色经济转型的法律规制
Pub Date : 2020-06-15 DOI: 10.14505/jarle.v11.3(49).40
G. Teleuyev, G. Kopbassarova, Bahtygul K. Chingayeva, N. Sherimova, Zulfikar Ch. Tultabayev
By destroying the environment, any modern society destroys its own future. For the prosperity of future generations, the environment must be preserved. To preserve nature, careful monitoring of the state of the environment, rationing and prevention of industrial emissions, development and implementation of waste-free and resource-saving technologies are required. The use of natural resources by a person with complete ignorance of the laws of nature often leads to dire, irreparable consequences. At present, humankind has begun to realize that any sector of the economy primarily affects the environment. And therefore, the world community is considering various mechanisms for preserving the environment. And of course, the idea of a green economy is one of them. A green economy is not just an opportunity, but an indispensable development path for all countries and states that aspire to ensure a reliable future for their citizens. The purpose of the study is to investigate the need and importance of the country's transition to a green economy; to research the experience of foreign countries in the transition to a green economy; to consider the ‘green economy’ as a legal phenomenon, as well as to investigate the legal issues of the transition and improvement of the regulatory framework of Kazakhstan for the transition to the green economy. The research methodology consists of materialistic dialectics, formal logical, historical law, system-analytical, comparative law and specific sociological research methods. Theoretical and practical recommendations for improving the current state mechanism for the transition to a green economy were proposed in the course of the study.
通过破坏环境,任何现代社会都在破坏自己的未来。为了子孙后代的繁荣,环境必须得到保护。为了保护自然,必须仔细监测环境状况,配给和防止工业排放,开发和实施无废物和节约资源的技术。一个完全不了解自然规律的人使用自然资源,往往会导致可怕的、不可挽回的后果。目前,人类已经开始认识到,任何经济部门主要影响环境。因此,国际社会正在考虑各种保护环境的机制。当然,绿色经济的理念就是其中之一。绿色经济不仅是一个机遇,而且是所有希望确保其公民拥有可靠未来的国家和地区不可或缺的发展道路。这项研究的目的是调查该国向绿色经济过渡的必要性和重要性;研究国外向绿色经济转型的经验;将“绿色经济”视为一种法律现象,并研究哈萨克斯坦向绿色经济过渡和完善监管框架的法律问题。研究方法包括唯物辩证法、形式逻辑、历史规律、系统分析、比较法和具体的社会学研究方法。在研究过程中,提出了完善当前绿色经济转型国家机制的理论和实践建议。
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引用次数: 1
Dynamics of Selection of Regional Heads in Indonesia in the Reformation Era 改革时期印度尼西亚地区首长的选拔动态
Pub Date : 2020-06-15 DOI: 10.14505/jarle.v11.4(50).45
Fifiana Wisnaeni
The regional head as the organizer of the government in the region is also an extension of the central government, has a pretty heavy task, therefore in order for the State's goals to be achieved, regional heads must be chosen that are truly credible, qualified and qualified, so that it can bring success to regional development in carrying out government affairs as mandated by the Act, which will ultimately have a positive impact, in the form of support for national development. This research is intended to examine, criticize and analyze which are expected to provide solutions related to the development of the authority to form laws in the constitutional system of the Republic of Indonesia. The formulation of the problem in this study are the dynamics of regional elections in Indonesia in the reformation era and the implications of the dynamics of regional elections in the Indonesian constitutional system. The method of approach used in this study is normative juridical, which is an approach that uses the positivist concept which states that law is identical with written norms created and enacted by authorized institutions or officials. The dynamics of regional head elections in Indonesia in the Reformation era include the conditions for pairs of candidates for regional head elections and the mechanism for regional head elections. Pairs of regional head candidates must be proposed by political parties or a combination of eligible political parties.  
地区主管,政府在该地区的组织者也是中央政府的延伸,已经相当沉重的任务,因此为了国家的目标要实现,必须选择区域负责人真正可信,合格和合格的,以便它能带来成功的区域发展进行政府事务授权的行为,最终将有积极的影响,对国家发展的支持。这项研究的目的是审查,批评和分析,预计将提供有关印度尼西亚共和国宪法制度中形成法律的权力发展的解决方案。本研究中问题的制定是改革时代印度尼西亚区域选举的动态以及印度尼西亚宪法制度中区域选举动态的含义。本研究中使用的方法是规范司法,这是一种使用实证主义概念的方法,该概念认为法律与由授权机构或官员创建和颁布的书面规范是相同的。印尼宗教改革时期的区长选举动态包括区长选举候选人对的条件和区长选举机制。地区领导人候选人必须由政党或符合条件的政党组合提出。
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引用次数: 2
Imperatives of Quality Insuring of the Production Cycle and Effective Functioning Process of the Enterprises of Agro-Product Subcomplex of Ukraine 乌克兰农产品综合体企业生产周期和有效运作过程质量保证的必要性
Pub Date : 2020-06-15 DOI: 10.14505/jarle.v11.4(50).43
I. Vinichenko, N. Trusova, L. Kurbatska, M. Polehenka, V. Oleksiuk
The article deals with the imperatives of quality insuring of the production cycle and the effective functioning process of the enterprises of agro-product subcomplex of Ukraine. An effective functional system has been built which, based on the quantitative and qualitative criteria of competitiveness of enterprises, determines the scale and effectiveness of their activity, provides opportunities to reproduce the resource potential of the agro-product subcomplex industries. The set of processes of relevant implication ‘resources – structure – efficiency – development of the system’ was singled out in order to improve the qualitative and quantitative properties of the production cycle as a creation of efficiency. An adaptive-renovation approach is proposed, which allows selecting from the system of indicators representative-effective indicators and factors of financial and resource load on the level of self-financing of the production cycle with 95% probability. The criterion of ‘optimal maximum profit’, which meets the requirements of a clear economic interpretation of the performance indicators, provides an increase in the value of cash flow to reduce the dependence of the entities of inter-economic relations on the slowdown in the self-financing of the production cycle. It is proved that the integration of agro-product industries with a long continuous cycle has specified functional changes in their efficiency. We have grouped the entities of inter-economic relations by the level of production cost and profitability of the sold products, which ensure the effective process of functioning of the enterprises of the agro-product subcomplex. The parameters of financial and resource load on indicators of self-financing of the production cycle of enterprises of poultry agro-complex in the average for one region of Ukraine are determined. Alternative business projects for the production of poultry products are proposed while changing the cash flow discount rate.
文章论述了乌克兰农产品综合体企业生产周期质量保证的必要性和有效运作过程。已经建立了一个有效的职能系统,根据企业竞争力的数量和质量标准,确定其活动的规模和效力,提供机会重新发挥农产品次级复杂工业的资源潜力。“资源-结构-效率-系统的发展”的相关含义的一套过程被挑选出来,以提高生产周期的定性和定量特性,作为效率的创造。提出了一种适应性改造方法,该方法允许以95%的概率从指标体系中选择具有代表性的有效指标和生产周期自筹资金水平上的财务和资源负荷因素。“最优最大利润”标准满足了对绩效指标进行清晰的经济解释的要求,它提供了现金流价值的增加,以减少经济关系实体对生产周期自我融资放缓的依赖。证明了具有长连续周期的农产品产业的整合在效率上具有特定的功能变化。我们根据所售产品的生产成本和盈利水平对经济关系实体进行了分组,这确保了农产品子综合体企业的有效运作过程。确定了乌克兰一个地区平均家禽农业综合体企业生产周期自筹资金指标的财务和资源负荷参数。在改变现金流折现率的同时,提出了家禽产品生产的备选业务项目。
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引用次数: 16
Obligation to Prove Appearer Document Authenticity as Deelneming Claim Exception 证明单据真实性的义务作为索赔例外
Pub Date : 2020-06-15 DOI: 10.14505/jarle.v11.3(49).08
A. Budianto, Jonker Sihombing, Veronica Dini Krissanti, Silvia Jamin, R. Pramono, A. Purwanto
Notary is a public official who provides legal services to the public. Notary's Authorities are regulated in Article 16 paragraph (1) of Law Number 2 of 2014 on Amendment to Law Number 30 of 2004 on Position of Notary. Based on data of Directorate of General Criminal Investigation Metro Jaya in 2014 and 2017, the number of Notaries who were placed as suspects and witnesses of criminal acts and falsification were increased. It was because of the absence of obligation to prove appearer document authenticity as contained in Supreme Court Decree Number 702 K/Sip/1973, September 5, 1973. The research was sociological normative by testing the truth of deelneming criminal exception with secondary data, supported by primary data in the form of interviews, using non-random purposive sampling. Theory of lesser evil made Notary is excluded from deelneming claim in Article 55 of Criminal Code on documents falsification, as long as the Public Notary applies 2015 Law and Ethics Code, and ignores Supreme Court Decree Number 702 K/Sip/1973, September 5, 1973. Further, he continues to conduct his duties within a standard operating procedure for himself and related agencies when proving the documents in the form of minutes. Therefore, this exception principle in falsification is given conditionally. It applies to Notary if he can prove that he has conducted an act to prove appearer documents).
公证人是为公众提供法律服务的公职人员。关于公证员职位的2004年第30号法律修正案的2014年第2号法律第16条第(1)款规定了公证员的权力。根据2014年和2017年Metro Jaya刑事调查总局的数据,被列为犯罪行为和伪造的嫌疑人和证人的公证人数量有所增加。这是因为根据1973年9月5日最高法院第702 K/Sip/1973号法令,没有义务证明出庭文件的真实性。本研究采用非随机目的抽样的方法,以访谈形式的原始数据为支撑,通过二次数据检验犯罪例外发展的真实性,具有社会学规范性。只要公证员适用2015年法律和道德规范,并无视1973年9月5日最高法院第702 K/Sip/1973号法令,公证员的罪责较轻理论就被排除在《刑法》第55条关于文件伪造的主张之外。此外,在以会议记录的形式证明文件时,他继续按照自己和有关机构的标准作业程序履行职责。因此,证伪中的例外原则是有条件给出的。它适用于公证人,如果他能证明他已经做了一个行为来证明出庭文件)。
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引用次数: 17
On Some Challenges Faced by the Judicial Power in the Russian Federation 论俄罗斯联邦司法权面临的若干挑战
Pub Date : 2020-06-15 DOI: 10.14505/jarle.v11.3(49).39
Y. A. Svirin, V. A. Gureev, A. Mokhov, L. V. Inogamova-Khegai, Sergej Nikolaevich Shestov
The article studies the challenges faced by the judicial branch of the Russian Federation. The avalanche of legal cases has reduced the quality of judicial acts and undermined the objective resolution of legal conflicts. In 2018, the Russian legislator attempted to reform judicial proceedings and introduced extrajudicial proceedings but there are still many unresolved issues that will be addressed in this article. The authors believe that the problems experienced by the judicial branch are caused by the imperfection of the current legislation, as well as economic and political grounds. Without dwelling on political foundations, the article reveals economic and legal causes of such problems. The authors used the methods of synthesis, comparative, structural-functional and statistical analysis, as well as interviewing. The study aims at determining negative causes that delay court hearings and result in unlawful and unjustified judicial acts. The authors have revealed causes for the unsatisfactory performance of the judicial branch in the Russian Federation and proposed certain ways to address these causes. They have also drawn the following conclusion: the separation of powers into three branches (the legislative, executive and judicial branches) in the modern world is outdated since the fourth power has already emerged in many states. Sometimes the so-called presidential branch becomes superior to the first two types and affects the judicial one.
本文研究了俄罗斯联邦司法部门面临的挑战。大量的法律案件降低了司法行为的质量,破坏了法律冲突的客观解决。2018年,俄罗斯立法者试图改革司法程序并引入法外程序,但仍有许多未解决的问题,将在本文中解决。笔者认为,司法部门所遇到的问题,既有现行立法的不完善,也有经济和政治的原因。本文没有停留在政治基础上,而是揭示了这些问题的经济和法律原因。作者采用了综合分析、比较分析、结构功能分析、统计分析和访谈等方法。这项研究的目的是确定拖延法庭听证和导致非法和不合理司法行为的消极原因。作者揭示了俄罗斯联邦司法部门工作不理想的原因,并提出了解决这些原因的某些方法。他们还得出了以下结论:现代世界三权分立(立法、行政和司法)已经过时,因为第四种权力已经在许多国家出现。有时,所谓的总统部门会优于前两种类型,并影响司法部门。
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引用次数: 0
Reform of the Territorial Organization of Power in Ukraine as a Mechanism of Anti-Crisis Management 乌克兰地方权力组织改革:一种反危机管理机制
Pub Date : 2020-06-15 DOI: 10.14505//jarle.v11.4(50).10
V. Hornyk, S. Kravchenko, S. Simak, O. O. Shevchenko, I. Bezena
The article is focused on finding ways to improve the efficiency of territorial management by analyzing the potential for implementing a system of decentralized management. Decentralization reform, founded in Ukraine in 2014, is recognized as one of the best practices in Europe. More than 80% of the territory of the country has passed to the administration through the system of united territorial communities, that is, directly to the management of representatives of the community. The legislative basis and the main trends and patterns in the development of united territorial communities in Ukraine are analyzed in the article. It has been determined that most communities have the status of village or rural. The area of society does not have a proportional ratio to the population in society. Quite the opposite, in fact. Communities close geographically too large cities have a smaller area but a larger population. Thus, it has been determined that an important aspect of the development of united territorial communities is to ensure an appropriate level of socio-economic development. The mechanisms to raise the socio-economic level of communities in order to ensure balanced development of the territories of Ukraine have been proposed. As a result, it is proposed to form conditions for the development of the entrepreneurial activity, a favorable investment climate through the program of loyal taxation and rent, the use of remote work opportunities for the population of communities actively using the resources of the Internet taking into account the course of Ukraine on digitization and digitalization.
本文的重点是通过分析实施分散管理系统的潜力,寻找提高领土管理效率的方法。2014年在乌克兰发起的权力下放改革被认为是欧洲最好的做法之一。该国80%以上的领土已通过联合领土社区制度移交给行政管理部门,即直接交给社区代表管理。文章分析了乌克兰统一领土共同体发展的立法依据和主要趋势和模式。已经确定,大多数社区具有村庄或农村的地位。社会的面积与社会的人口没有成正比的比例。事实上,恰恰相反。地理上靠近大城市的社区面积较小,但人口较多。因此,已确定统一领土社区发展的一个重要方面是确保适当的社会经济发展水平。已经提出了提高各社区社会经济水平的机制,以确保乌克兰领土的均衡发展。因此,建议为创业活动的发展创造条件,通过忠诚的税收和租金计划创造有利的投资环境,为积极利用互联网资源的社区人口提供远程工作机会,同时考虑到乌克兰的数字化和数字化进程。
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引用次数: 0
The Fourth Energy Transition and Development of Energy Sector in Kazakhstan 第四次能源转型与哈萨克斯坦能源部门的发展
Pub Date : 2020-06-15 DOI: 10.14505/jarle.v11.3(49).05
A. Baktymbet, S. Baktymbet, R. Yelshibayev, G. Ukubassova, A. Baktymbet
The relevance of the subject matter is conditioned upon the fact that currently the main direction of global energy development is already clearly visible: under the influence of changes in energy policy and the development of new technologies, the world is entering the stage of the fourth energy transition to the widespread use of renewable energy sources and displacement of fossil fuels. The development of Kazakhstan's economy requires the transition of energy towards clean and safe renewable sources, which will let the country build a new strong economy and break out of the long-running socio-economic decline, help the international community solve the problem of climate change and improve the safety and welfare of its citizens. The purpose of the study: The purpose of the paper is to develop recommendations for the development of Kazakhstan's energy industry at a new stage in the fundamental transformation of the global energy system. Leading approach to researching the problem. The leading methods of researching the problems of the paper include the analysis of theoretical sources, analysis of statistics, and comparison. Analysis of statistical indicators plays a crucial role in the study, since data on the development of Kazakhstan's energy industry can be directly obtained from statistical databases. The results of the study. The paper discusses the essence of the fourth energy transition, its main aspects, explores renewable energy sources, identifies the features and problems of Kazakhstan's energy industry, and develops ways to solve them. Prospects for further research. To implement the modern provisions of the fourth energy transition in Kazakhstan, it is necessary to use a systematic approach. The basic elements of such a transition are the introduction of renewable energy and energy efficiency (the intensification of reducing the energy intensity of goods and services). The materials of the paper are of practical value for the development of Kazakhstan’s energy during the period of fundamental structural transformations of the world energy sector.
本主题的相关性取决于这样一个事实,即目前全球能源发展的主要方向已经清晰可见:在能源政策变化和新技术发展的影响下,世界正在进入第四次能源转型阶段,向广泛使用可再生能源和取代化石燃料过渡。哈萨克斯坦经济的发展需要能源向清洁和安全的可再生能源转型,这将使该国建立新的强大经济,摆脱长期以来的社会经济衰退,帮助国际社会解决气候变化问题,提高其公民的安全和福利。研究目的:本文的目的是在全球能源体系根本转型的新阶段,为哈萨克斯坦能源工业的发展提出建议。研究问题的领先方法。本文研究问题的主要方法有理论来源分析、统计分析和比较分析。统计指标的分析在研究中起着至关重要的作用,因为哈萨克斯坦能源工业发展的数据可以直接从统计数据库中获得。研究的结果。本文论述了第四次能源转型的实质及其主要方面,对可再生能源进行了探索,明确了哈萨克斯坦能源产业的特点和存在的问题,并提出了解决这些问题的途径。进一步研究展望。为了在哈萨克斯坦实施第四次能源转型的现代规定,有必要采用系统的方法。这种过渡的基本要素是采用可再生能源和提高能源效率(加强降低商品和服务的能源强度)。本文的材料对于在世界能源部门发生根本性结构转变的时期发展哈萨克斯坦的能源具有实用价值。
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引用次数: 5
Sustainable Consumption as a Part of Corporate Social Responsibility and Sustainable Development 可持续消费是企业社会责任和可持续发展的一部分
Pub Date : 2020-06-15 DOI: 10.14505//jarle.v11.4(50).21
Orose Leelakulthanit
Taking a strategic approach to sustainable consumption can help local and international companies achieve their sustainable development goals that focus on responsible production and consumption. The aim of this study is to shed some light on this issue by reviewing the literature on the relationship between corporate social responsibility and sustainable development, and also discusses the issue of sustainable consumption in Thailand. In general, the approaches to sustainable consumption can be classified according to two categories: consuming less and consuming ‘right’ through the purchase of green products. A detailed discussion of the strategic approaches to sustainable consumption is included in the article.
采取可持续消费的战略方针可以帮助当地和国际公司实现其可持续发展目标,重点是负责任的生产和消费。本研究的目的是通过回顾有关企业社会责任与可持续发展之间关系的文献来阐明这一问题,并讨论泰国的可持续消费问题。一般来说,可持续消费的方式可以分为两类:少消费和通过购买绿色产品“正确”消费。文章中详细讨论了可持续消费的战略途径。
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引用次数: 2
Judicial Control and Prosecutorial Supervision in the System of Guarantees for Observing the Rights and Freedoms of a Suspect Person 论犯罪嫌疑人权利自由保障制度中的司法控制与检察监督
Pub Date : 2020-06-15 DOI: 10.14505/jarle.v11.3(49).12
Talgat T. Dyussebayev, A. A. Amangeldy, Talgat T. Balashov, A. Akimbayeva, K. Aratuly, G. Teleuyev
In the process of reforming the criminal procedure legislation, the institution of the prosecutor’s office has become one of its important aspects. The judiciary, being one of the independent and autonomous branches of power in criminal proceedings, which is a system of protecting the rights and freedoms of citizens, is by far the most effective structure for protecting human rights. The article reveals the essence of judicial control and prosecutorial supervision, identifies a number of problems in the form of potential threats to ensure the rights and legitimate interests of a suspect (accused) in this form of preliminary investigation. As a result of the study, the following was stated. The current provisions of the CIS constitutions regulating the sphere of human rights and freedoms have made it possible to single out separate independent areas in the activities of the prosecutor’s office. Based on the practical problems that arise in the conditions of the new Criminal Procedure Code in the CIS countries, the authors consider it reasonable that the current oversight functions assigned to the prosecution authorities in ensuring the rights and freedoms of a suspect and an accused during the investigation, necessitate further special studies with the aim of development of evidence-based proposals for their resolution.  
在我国刑事诉讼立法改革的过程中,检察署的设立已成为刑事诉讼立法改革的一个重要方面。司法机关作为刑事诉讼中独立自主的权力部门之一,是保护公民权利和自由的制度,是迄今为止保护人权最有效的结构。文章揭示了司法控制和检察监督的本质,指出了在这种形式下保障嫌疑人(被告人)合法权益的潜在威胁的若干问题。研究结果如下:独联体宪法中关于人权和自由领域的现行规定使检察官办公室能够在活动中挑出单独的独立领域。根据独联体国家新《刑事诉讼法》条件下出现的实际问题,作者认为合理的是,目前指派给检察当局的监督职能在调查期间确保嫌疑人和被告的权利和自由,因此有必要进行进一步的特别研究,以便为解决这些问题提出有证据的建议。
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引用次数: 1
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Journal of Advanced Research in Law and Economics
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