Pub Date : 2020-06-15DOI: 10.14505/jarle.v11.3(49).38
B. Seitov, M. S. Zarkenov, N. Zhempiissov, Oleg B. Khussainov, D. Utepov
In this article, on the basis of an integrated approach, a comparative legal method of cognition, it is proposed to integrate the bases of electronic governments to improve measures to effectively counter economic crime and ensure economic security. Given the global progress in dynamically developing market and civil property relations, in the context of the digitalisation of the economy, the methods of committing many crimes are evolving, their qualitative characteristics and methods of commission are changing. According to the authors, the information model of the integration of electronic systems of tax and other state bodies into a single electronic system will successfully prevent and combat crimes in the field of IT-technologies at the initial stage of using information systems. In the future, the integration of electronic ‘Governments for citizens’ of different countries available for use by citizens and organisations in the field of taxes, public procurement, etc. into a single system will significantly increase information and economic security at the global level.
{"title":"Integration of e-Government Bases as a Means for Ensuring Economic (Tax) and Information Security","authors":"B. Seitov, M. S. Zarkenov, N. Zhempiissov, Oleg B. Khussainov, D. Utepov","doi":"10.14505/jarle.v11.3(49).38","DOIUrl":"https://doi.org/10.14505/jarle.v11.3(49).38","url":null,"abstract":"In this article, on the basis of an integrated approach, a comparative legal method of cognition, it is proposed to integrate the bases of electronic governments to improve measures to effectively counter economic crime and ensure economic security. Given the global progress in dynamically developing market and civil property relations, in the context of the digitalisation of the economy, the methods of committing many crimes are evolving, their qualitative characteristics and methods of commission are changing. According to the authors, the information model of the integration of electronic systems of tax and other state bodies into a single electronic system will successfully prevent and combat crimes in the field of IT-technologies at the initial stage of using information systems. In the future, the integration of electronic ‘Governments for citizens’ of different countries available for use by citizens and organisations in the field of taxes, public procurement, etc. into a single system will significantly increase information and economic security at the global level.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126687280","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}
Pub Date : 2020-06-15DOI: 10.14505/jarle.v11.3(49).23
J. Klátik, A. Vaško
This paper provides an overview of the development of electronic justice services. Approximately € 112 million has been invested in information and communication technologies in the judiciary over the past five years, mainly from EU funds. These investments bring significant progress in speeding up and streamlining the judicial system in the Slovak Republic. This work was supported by the Slovak Research and Development Agency under the contract No. APVV-15-0437.
{"title":"Using e-Services in Slovak Criminal Proceedings","authors":"J. Klátik, A. Vaško","doi":"10.14505/jarle.v11.3(49).23","DOIUrl":"https://doi.org/10.14505/jarle.v11.3(49).23","url":null,"abstract":"This paper provides an overview of the development of electronic justice services. Approximately € 112 million has been invested in information and communication technologies in the judiciary over the past five years, mainly from EU funds. These investments bring significant progress in speeding up and streamlining the judicial system in the Slovak Republic. This work was supported by the Slovak Research and Development Agency under the contract No. APVV-15-0437.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114096070","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}
Pub Date : 2020-06-15DOI: 10.14505/jarle.v11.4(50).30
D. K. Popenkova, A. Nikishin
Despite the experience of the e-commerce development for several decades, this form of trade organization is still prospective and has high potential for its further development. E-commerce is undergoing some changes in the modern conditions, the most important of them being an increase in the share of orders with a decrease in the average check and the development of new forms of e-commerce. A comprehensive analysis of the development of e-commerce in the modern conditions is provided in the article, the main trends are identified, and the important role of integrated forms in the field of business organization in the digital environment, in particular, marketplaces, is demonstrated. The obtained results allowed to identify the main directions of the development of distance selling using digital technologies in the modern conditions.
{"title":"Prospective Directions of e-Commerce Development","authors":"D. K. Popenkova, A. Nikishin","doi":"10.14505/jarle.v11.4(50).30","DOIUrl":"https://doi.org/10.14505/jarle.v11.4(50).30","url":null,"abstract":"Despite the experience of the e-commerce development for several decades, this form of trade organization is still prospective and has high potential for its further development. E-commerce is undergoing some changes in the modern conditions, the most important of them being an increase in the share of orders with a decrease in the average check and the development of new forms of e-commerce. A comprehensive analysis of the development of e-commerce in the modern conditions is provided in the article, the main trends are identified, and the important role of integrated forms in the field of business organization in the digital environment, in particular, marketplaces, is demonstrated. The obtained results allowed to identify the main directions of the development of distance selling using digital technologies in the modern conditions.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114782214","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}
Pub Date : 2020-06-15DOI: 10.14505//jarle.v11.4(50).15
A. Larionov, E. Avdokushin, G. I. Ratz
The reform of the economic system in China initiated under the leadership of Deng Xiaoping in the late 70s of the 20th century included as the main components and mechanisms the gradual and consistent elimination of the state’s status of a monopoly economic entity. The economic reform was aimed at, first, the de-collectivization of the agricultural sector, the gradual implementation of individual and private forms of ownership, private economy management, and the transition from an administrative-command model of economic management to the use of commodity-money, and then market methods of economy management at the determining and directing role of the state. An open-door policy and foreign economy, as well as the use of the global economy mechanisms and potential, have become the most important components of economic reform and the entire development model of the Chinese economy.
{"title":"Startups Creation and Development in China","authors":"A. Larionov, E. Avdokushin, G. I. Ratz","doi":"10.14505//jarle.v11.4(50).15","DOIUrl":"https://doi.org/10.14505//jarle.v11.4(50).15","url":null,"abstract":"The reform of the economic system in China initiated under the leadership of Deng Xiaoping in the late 70s of the 20th century included as the main components and mechanisms the gradual and consistent elimination of the state’s status of a monopoly economic entity. The economic reform was aimed at, first, the de-collectivization of the agricultural sector, the gradual implementation of individual and private forms of ownership, private economy management, and the transition from an administrative-command model of economic management to the use of commodity-money, and then market methods of economy management at the determining and directing role of the state. An open-door policy and foreign economy, as well as the use of the global economy mechanisms and potential, have become the most important components of economic reform and the entire development model of the Chinese economy.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"117 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124360765","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}
Pub Date : 2020-06-15DOI: 10.14505//jarle.v11.4(50).17
Clark Muradi, Leo Agustino, Idil Akbar, Firman Manan
This article aims to explain how the drug phenomenon with all its developments that occur in Indonesia, threats that arise against security, its impact and how efforts in overcoming it. The article is based on the results of a national survey of the city index for responding to drug threats in 173 districts and cities that have BNN representatives. Through quantitative methods with statistical calculations Index Kota Tanggap Ancaman Narkoba was divided into two categories of analysis units: family analysis unit and non-family analysis unit. The Index value obtained was transformed into categories that represent the level of responsiveness to the threat of narcotics. The results of the majority of regions in Indonesia are still not good responsiveness to the threat of drugs. Index values for all variables (family, institutional, territorial, community and legal resilience) are still below 40, except for family resilience at 64.84. These values also serve as indicators for developing integral policies so that prevention and abuse of drugs can be carried out.
{"title":"Narkoba and Security Threats in Indonesia: Regional Responsiveness Index and Eradication Policies","authors":"Clark Muradi, Leo Agustino, Idil Akbar, Firman Manan","doi":"10.14505//jarle.v11.4(50).17","DOIUrl":"https://doi.org/10.14505//jarle.v11.4(50).17","url":null,"abstract":"This article aims to explain how the drug phenomenon with all its developments that occur in Indonesia, threats that arise against security, its impact and how efforts in overcoming it. The article is based on the results of a national survey of the city index for responding to drug threats in 173 districts and cities that have BNN representatives. Through quantitative methods with statistical calculations Index Kota Tanggap Ancaman Narkoba was divided into two categories of analysis units: family analysis unit and non-family analysis unit. The Index value obtained was transformed into categories that represent the level of responsiveness to the threat of narcotics. The results of the majority of regions in Indonesia are still not good responsiveness to the threat of drugs. Index values for all variables (family, institutional, territorial, community and legal resilience) are still below 40, except for family resilience at 64.84. These values also serve as indicators for developing integral policies so that prevention and abuse of drugs can be carried out.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"89 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124386495","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}
Pub Date : 2020-06-15DOI: 10.14505//jarle.v11.4(50).04
L. Beisenova, S. Spatayeva, A. Shakharova
The issues of performance audit of the use of budget funds aimed at the development of the agricultural sector of Kazakhstan are investigated. The relevance of the problem under consideration is due to the significant influence exerted by such a performance audit of the use of budget funds on all processes that subsequently occur in the agricultural and agro-industrial sector of Kazakhstan. Proper execution of the audit helps to increase responsibility, transparency, as well as accountability for the activities of government bodies responsible for its implementation. A comparative analysis of the development of the audit of the distribution of budget allocations in other countries is given. The formulations of the performance audit of the use of budget allocations adopted in various state systems are sequentially considered. The article provides a detailed analysis of the performance audit of the state programs implementation in the field of agriculture. The current state programs are assessed in relation to targeted budget allocations and established financial irregularities, and it is clearly demonstrated that the performance audit occupies an appropriate place in the system of state and local financial control in Kazakhstan. Prospects for research in this direction are determined by the possibility of developing clear criteria for assessing the effectiveness of the use of budget funds that are directed to the development of the agricultural industry and other economic sectors of Kazakhstan. Fundamental criteria are being developed to compare the effectiveness of targeted budget allocations in Kazakhstan, in comparison with other states. The applied value of the research in this direction is determined by: identification of the mandatory criteria for evaluating the performance audit in this direction, determination of the influence degree of the targeted use of budget funds for the further fully-fledged development of the agro-industrial complex of Kazakhstan and other regions as a whole. It is also important to identify the main shortcomings of the agrarian policy of Kazakhstan in comparison with other states and to identify the main opportunities to overcome this problem through the competent spending of budget funds.
{"title":"Performance Audit of the Use of Budget Funds Aimed at the Development of the Agricultural Sector of Kazakhstan","authors":"L. Beisenova, S. Spatayeva, A. Shakharova","doi":"10.14505//jarle.v11.4(50).04","DOIUrl":"https://doi.org/10.14505//jarle.v11.4(50).04","url":null,"abstract":"The issues of performance audit of the use of budget funds aimed at the development of the agricultural sector of Kazakhstan are investigated. The relevance of the problem under consideration is due to the significant influence exerted by such a performance audit of the use of budget funds on all processes that subsequently occur in the agricultural and agro-industrial sector of Kazakhstan. Proper execution of the audit helps to increase responsibility, transparency, as well as accountability for the activities of government bodies responsible for its implementation. A comparative analysis of the development of the audit of the distribution of budget allocations in other countries is given. The formulations of the performance audit of the use of budget allocations adopted in various state systems are sequentially considered. The article provides a detailed analysis of the performance audit of the state programs implementation in the field of agriculture. The current state programs are assessed in relation to targeted budget allocations and established financial irregularities, and it is clearly demonstrated that the performance audit occupies an appropriate place in the system of state and local financial control in Kazakhstan. Prospects for research in this direction are determined by the possibility of developing clear criteria for assessing the effectiveness of the use of budget funds that are directed to the development of the agricultural industry and other economic sectors of Kazakhstan. Fundamental criteria are being developed to compare the effectiveness of targeted budget allocations in Kazakhstan, in comparison with other states. The applied value of the research in this direction is determined by: identification of the mandatory criteria for evaluating the performance audit in this direction, determination of the influence degree of the targeted use of budget funds for the further fully-fledged development of the agro-industrial complex of Kazakhstan and other regions as a whole. It is also important to identify the main shortcomings of the agrarian policy of Kazakhstan in comparison with other states and to identify the main opportunities to overcome this problem through the competent spending of budget funds.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117132424","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}
Pub Date : 2020-06-15DOI: 10.14505/jarle.v11.3(49).06
B. Basrowi, P. Utami
Digital technology is able to give a new face to the development of the capital market industry in Indonesia. Licensing process, wider reach and ease in transactions (financial technology) become faster, more efficient, cheaper, and transparent. However, the development of digital or scripless systems is still constrained by various factors. The purpose of this study is to try to dig deeper into the basic concepts of digital planning for issuers in the list of Islamic securities. A development model based on the results of the literature review is expected to contribute to the acceleration of digital technology in the capital market. The results of the study suggest that it is important for digital planning so that organizations have planning standards with special characteristics to create a 'positioning' that is in accordance with Islamic principles. The novelty in this research is that social cognitive theory and technology adoption can also be applied to sharia-based digital planners in the capital market. Sharia-based digital technology will have a positive impact on the empowerment of issuers, prospective issuers, and investors in the list of sharia securities.
{"title":"Building Strategic Planning Models Based on Digital Technology in the Sharia Capital Market","authors":"B. Basrowi, P. Utami","doi":"10.14505/jarle.v11.3(49).06","DOIUrl":"https://doi.org/10.14505/jarle.v11.3(49).06","url":null,"abstract":"Digital technology is able to give a new face to the development of the capital market industry in Indonesia. Licensing process, wider reach and ease in transactions (financial technology) become faster, more efficient, cheaper, and transparent. However, the development of digital or scripless systems is still constrained by various factors. The purpose of this study is to try to dig deeper into the basic concepts of digital planning for issuers in the list of Islamic securities. A development model based on the results of the literature review is expected to contribute to the acceleration of digital technology in the capital market. The results of the study suggest that it is important for digital planning so that organizations have planning standards with special characteristics to create a 'positioning' that is in accordance with Islamic principles. The novelty in this research is that social cognitive theory and technology adoption can also be applied to sharia-based digital planners in the capital market. Sharia-based digital technology will have a positive impact on the empowerment of issuers, prospective issuers, and investors in the list of sharia securities.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115527667","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}
Pub Date : 2020-06-15DOI: 10.14505//jarle.v11.4(50).20
Yuriy S. Nazar, T.Ya. Nazar, I. Prots, D. Yosyfovych, O. Ilyushyk
The relevance of this paper is determined by both the need for appropriate scientific support to counter violations of budget legislation that have recently become quite common in Eastern Europe, and the advisability of using positive enforcement experience in Ukraine, Poland and Slovakia in this process. The purpose of the paper is to study the application of measures of administrative and financial responsibility for budget offenses under the laws of Ukraine, Poland and Slovakia in order to identify common and distinctive features of the legal regulation of this application and provide recommendations on the implementation of positive experience in the national legislation of each country. The methodological basis of the study is a set of general scientific and special scientific methods and techniques of scientific knowledge that provide an integrated approach to the analysis of financial, legal and administrative aspects of responsibility for budget offenses under the laws of Ukraine, Poland and Slovakia. It seems advisable to borrow for Ukraine and Slovakia the experience of legal regulation of budget-delictual relations in Poland by adopting a single legislative act that would regulate the grounds and procedure for applying measures of financial and legal responsibility in the budget sphere, and for Poland and Slovakia the experience of Ukraine in differentiation would be interesting responsibility of officials who committed violations of budget legislation (administrative responsibility) and legal entities (administrators or recipients of budget funds) on whose behalf the officials acted (financial and legal liability). The materials in this article may be useful for scientists conducting research on budget-delictual relations, scientific and pedagogical workers during the teaching of the disciplines of ‘Financial Law’, ‘Budget Law’, as well as for representatives of law-making entities in the process of improving budget and administrative legislation.
{"title":"Application of Administrative and Financial and Legal Responsibility for Budget Offenses under the Laws of Ukraine and Other Countries of Eastern Europe","authors":"Yuriy S. Nazar, T.Ya. Nazar, I. Prots, D. Yosyfovych, O. Ilyushyk","doi":"10.14505//jarle.v11.4(50).20","DOIUrl":"https://doi.org/10.14505//jarle.v11.4(50).20","url":null,"abstract":"The relevance of this paper is determined by both the need for appropriate scientific support to counter violations of budget legislation that have recently become quite common in Eastern Europe, and the advisability of using positive enforcement experience in Ukraine, Poland and Slovakia in this process. The purpose of the paper is to study the application of measures of administrative and financial responsibility for budget offenses under the laws of Ukraine, Poland and Slovakia in order to identify common and distinctive features of the legal regulation of this application and provide recommendations on the implementation of positive experience in the national legislation of each country. The methodological basis of the study is a set of general scientific and special scientific methods and techniques of scientific knowledge that provide an integrated approach to the analysis of financial, legal and administrative aspects of responsibility for budget offenses under the laws of Ukraine, Poland and Slovakia. It seems advisable to borrow for Ukraine and Slovakia the experience of legal regulation of budget-delictual relations in Poland by adopting a single legislative act that would regulate the grounds and procedure for applying measures of financial and legal responsibility in the budget sphere, and for Poland and Slovakia the experience of Ukraine in differentiation would be interesting responsibility of officials who committed violations of budget legislation (administrative responsibility) and legal entities (administrators or recipients of budget funds) on whose behalf the officials acted (financial and legal liability). The materials in this article may be useful for scientists conducting research on budget-delictual relations, scientific and pedagogical workers during the teaching of the disciplines of ‘Financial Law’, ‘Budget Law’, as well as for representatives of law-making entities in the process of improving budget and administrative legislation.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122802021","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}
Pub Date : 2020-06-15DOI: 10.14505//jarle.v11.4(50).05
Talgat Bolatzhanuly, G. Rakhimzhanova, Azhar K. Beisenbayeva, Ainur U. Abdimoldayeva, Omirzhan K. Shaimanov
Project management as a management system at the enterprise allows to provide strategic development within the framework of approved documents that determine the possibility of increasing entrepreneurial activity at an enterprise. This provision is based on the development of an operational management system, a balanced scorecard, and a vision of industry prospects. In this regard, it becomes relevant to search for possible ways to develop a company and build a system of relationships with contractors. The novelty of the study is determined by the provision that the development of a company should be focused on building long-term relationships with contractors. The authors show that relations should be built on the basis of the project form of cooperation. The article reveals a model for building project management within an organization that seeks to create an innovative environment. The parametric characteristics of the model, its expression in the operating activities of the company and the possibilities of its scaling are presented. The practical significance of the study is determined by the necessity to introduce indicators into the management process that can not only model development over a long period, but also those that can mitigate the negative consequences of crisis phenomena. The use of the model for the formation of an equilibrium forecasting system at the enterprise is proposed.
{"title":"Integration of Company Development Management Practices Based on Project Management","authors":"Talgat Bolatzhanuly, G. Rakhimzhanova, Azhar K. Beisenbayeva, Ainur U. Abdimoldayeva, Omirzhan K. Shaimanov","doi":"10.14505//jarle.v11.4(50).05","DOIUrl":"https://doi.org/10.14505//jarle.v11.4(50).05","url":null,"abstract":"Project management as a management system at the enterprise allows to provide strategic development within the framework of approved documents that determine the possibility of increasing entrepreneurial activity at an enterprise. This provision is based on the development of an operational management system, a balanced scorecard, and a vision of industry prospects. In this regard, it becomes relevant to search for possible ways to develop a company and build a system of relationships with contractors. The novelty of the study is determined by the provision that the development of a company should be focused on building long-term relationships with contractors. The authors show that relations should be built on the basis of the project form of cooperation. The article reveals a model for building project management within an organization that seeks to create an innovative environment. The parametric characteristics of the model, its expression in the operating activities of the company and the possibilities of its scaling are presented. The practical significance of the study is determined by the necessity to introduce indicators into the management process that can not only model development over a long period, but also those that can mitigate the negative consequences of crisis phenomena. The use of the model for the formation of an equilibrium forecasting system at the enterprise is proposed.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120913896","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}
Pub Date : 2020-06-15DOI: 10.14505//jarle.v11.4(50).06
T. Brezina, N. Bortnyk, I. Khomyshyn
The paper examines the right of access to justice through the lens of domestic and European experience. The purpose of the study is to improve the theoretical and legal provisions of the content of the right of access to justice based on European experience, the formation of its modern concept, including the construction of proposals for defining this concept in the domestic doctrine of the judiciary. The methodological basis of the study comprises a set of methods that have been comprehensively used to achieve the purposes of this paper: the study of the legal nature of the right of access to justice, the establishment of its structural elements, the formulation of conclusions and proposals for the implementation of European Court of Human Rights standards in Ukrainian legislation was carried out with the use of system-structural and Aristotelian methods. It is noted that the access to justice is the availability, legal consolidation, and direct functioning of guarantees stipulated by law, which allow everyone to freely exercise their right to judicial protection and restoration of the violated right. It is concluded that the right to judicial protection cannot be exercised without a mechanism of access to justice and legal regulation. Ukraine, as a full subject of international law, must guarantee, based on universal standards, the personal right of every individual to free access to justice. However, identification of the social nature of the right of access to justice, for any state, including Ukraine, means an assertion of a fairly wide margin of appreciation both upon specifying forms of support for citizens to exercise the right, and upon determining the categories of citizens who need such support. This obliges the legislator to respect the constitutional principles of justice, equality, proportionality, as well as stability and guarantee of human and civil rights in Ukraine.
{"title":"Access to Justice: Ukraine and Europe","authors":"T. Brezina, N. Bortnyk, I. Khomyshyn","doi":"10.14505//jarle.v11.4(50).06","DOIUrl":"https://doi.org/10.14505//jarle.v11.4(50).06","url":null,"abstract":"The paper examines the right of access to justice through the lens of domestic and European experience. The purpose of the study is to improve the theoretical and legal provisions of the content of the right of access to justice based on European experience, the formation of its modern concept, including the construction of proposals for defining this concept in the domestic doctrine of the judiciary. The methodological basis of the study comprises a set of methods that have been comprehensively used to achieve the purposes of this paper: the study of the legal nature of the right of access to justice, the establishment of its structural elements, the formulation of conclusions and proposals for the implementation of European Court of Human Rights standards in Ukrainian legislation was carried out with the use of system-structural and Aristotelian methods. It is noted that the access to justice is the availability, legal consolidation, and direct functioning of guarantees stipulated by law, which allow everyone to freely exercise their right to judicial protection and restoration of the violated right. It is concluded that the right to judicial protection cannot be exercised without a mechanism of access to justice and legal regulation. Ukraine, as a full subject of international law, must guarantee, based on universal standards, the personal right of every individual to free access to justice. However, identification of the social nature of the right of access to justice, for any state, including Ukraine, means an assertion of a fairly wide margin of appreciation both upon specifying forms of support for citizens to exercise the right, and upon determining the categories of citizens who need such support. This obliges the legislator to respect the constitutional principles of justice, equality, proportionality, as well as stability and guarantee of human and civil rights in Ukraine.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"128 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116265539","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}
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