Pub Date : 2020-06-15DOI: 10.14505/jarle.v11.4(50).28
O. Pokataieva, L. Savchenko, O. Bukhanevych, A. Monaienko, O. Getmanets
For the purpose of a more detailed analysis of the features of administrative regulation of fiscal policy, it is necessary to consider examples of fiscal regulation of business processes in individual foreign countries, as well as features of fiscal policy in the EU. For several decades in a row, the G7 countries – Great Britain, Italy, Germany, Canada, the USA, France, and Japan - determine world economic policy. Despite the periodic global economic crises, they are among the first to overcome their consequences and maintain a leading position in the global business environment. This happens due to a balanced fiscal regulation policy. Among their common features is that part of the GDP that they accumulate through leverage of fiscal regulation has a steady tendency for growth. Thus, over the past 40 years in France, this share has grown by 10.1%, and in Canada - by 10.9%. The paper shows that the theoretical basis of modern fiscal regulation in these countries is neo-conservatism, the basis of which is the importance of direct impact on production through targeted and large-scale tax cuts. The authors show that fiscal regulation in this case provides incentives for conservation and investment. Another important element is the reduction of government spending, mainly due to the implementation of targeted government programs. However, despite several common features, each country has certain features in the administrative and legal regulation of fiscal policy. The relevance of the study is determined by the fact that it is necessary to investigate these features in more detail through the lens the historical development of the administrative and legal regulation of fiscal policy in foreign countries.
{"title":"Instruments of Financial Legal Policy in the Countries of the European Union","authors":"O. Pokataieva, L. Savchenko, O. Bukhanevych, A. Monaienko, O. Getmanets","doi":"10.14505/jarle.v11.4(50).28","DOIUrl":"https://doi.org/10.14505/jarle.v11.4(50).28","url":null,"abstract":"For the purpose of a more detailed analysis of the features of administrative regulation of fiscal policy, it is necessary to consider examples of fiscal regulation of business processes in individual foreign countries, as well as features of fiscal policy in the EU. For several decades in a row, the G7 countries – Great Britain, Italy, Germany, Canada, the USA, France, and Japan - determine world economic policy. Despite the periodic global economic crises, they are among the first to overcome their consequences and maintain a leading position in the global business environment. This happens due to a balanced fiscal regulation policy. Among their common features is that part of the GDP that they accumulate through leverage of fiscal regulation has a steady tendency for growth. Thus, over the past 40 years in France, this share has grown by 10.1%, and in Canada - by 10.9%. The paper shows that the theoretical basis of modern fiscal regulation in these countries is neo-conservatism, the basis of which is the importance of direct impact on production through targeted and large-scale tax cuts. The authors show that fiscal regulation in this case provides incentives for conservation and investment. Another important element is the reduction of government spending, mainly due to the implementation of targeted government programs. However, despite several common features, each country has certain features in the administrative and legal regulation of fiscal policy. The relevance of the study is determined by the fact that it is necessary to investigate these features in more detail through the lens the historical development of the administrative and legal regulation of fiscal policy in foreign countries.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"15 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":"117059475","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).36
A. I. Ryskulbekov, Z. R. Burnayev, Kharis Sh. Vafin, M. Kozhanuly, Askar K. Borashev
In modern conditions, at the stage of professionalization of the Armed Forces of Kazakhstan, it is necessary to reorient to own forces, to concentrate the intellectual and financial potential on the further development of the domestic system of military education and military science. The aim of this study is to consider the development trends of the training of reserve officers and military personnel in different countries, as well as highlight on the basis of the obtained data the main effective ways to improve the qualifications and improve military-patriotic education of military personnel. As a result, stages of the implementation of ways to improve the military-patriotic education of student youth are proposed, and it also presents what development prospects this brings in terms of improving the Kazakh army, as well as open opportunities for improving the teaching of military training in higher educational institutions.
{"title":"Economic and Legal Issues for Training Reserve Personnel Among the University Students in Kazakhstan and Foreign Countries","authors":"A. I. Ryskulbekov, Z. R. Burnayev, Kharis Sh. Vafin, M. Kozhanuly, Askar K. Borashev","doi":"10.14505/jarle.v11.3(49).36","DOIUrl":"https://doi.org/10.14505/jarle.v11.3(49).36","url":null,"abstract":"In modern conditions, at the stage of professionalization of the Armed Forces of Kazakhstan, it is necessary to reorient to own forces, to concentrate the intellectual and financial potential on the further development of the domestic system of military education and military science. The aim of this study is to consider the development trends of the training of reserve officers and military personnel in different countries, as well as highlight on the basis of the obtained data the main effective ways to improve the qualifications and improve military-patriotic education of military personnel. As a result, stages of the implementation of ways to improve the military-patriotic education of student youth are proposed, and it also presents what development prospects this brings in terms of improving the Kazakh army, as well as open opportunities for improving the teaching of military training in higher educational institutions.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"113 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":"127169798","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).36
D. Sannikov, Svetlana V. Khominets, D. Kovach, R. A. Tsyliuryk, A. O. Chyryk, O. M. Savelieva
The paper investigates the legal regulation of land lease in Ukraine. The expediency of strengthening the role and responsibility of the state in the field of conservation of leased land is substantiated. The current legislative provisions governing the legal issues of leasing land plots in Ukraine are provided. The main issues of legal regulation of land lease in Ukraine are formulated from the standpoint of the current legislative acts. The relevance of the issue is determined by the urgent need to resolve all issues arising between the parties upon handover (acceptance) of land for lease in Ukraine within the framework of the current legislation. Legal regulation of all issues related to the lease of land in Ukraine helps to prevent and resolve disputes between the parties related to ignorance, or failure to perform obligations of lease agreements, which are consolidated by the provisions of the current legislation, by any of the parties. Relations between lessees and lessors acquire a legislative framework, which greatly facilitates the resolution of all possible disputes. The practical significance of the study lies in identification and statement of the main regulations of current legislation, which objectively govern the issues of lease relations between the parties in Ukraine, from a legal position. The results of the paper, the conclusions and opinions contained therein, can be used in practical activities by organizations and individuals concluding lease agreements with each other for the right to use land plots in order to settle their lease obligations from the standpoint of the law. Of particular importance is the ability to facilitate the successful resolution of disputes between parties entering into lease relations, or to completely avoid them.
{"title":"Legal Regulation of Land Lease in Ukraine","authors":"D. Sannikov, Svetlana V. Khominets, D. Kovach, R. A. Tsyliuryk, A. O. Chyryk, O. M. Savelieva","doi":"10.14505/jarle.v11.4(50).36","DOIUrl":"https://doi.org/10.14505/jarle.v11.4(50).36","url":null,"abstract":"The paper investigates the legal regulation of land lease in Ukraine. The expediency of strengthening the role and responsibility of the state in the field of conservation of leased land is substantiated. The current legislative provisions governing the legal issues of leasing land plots in Ukraine are provided. The main issues of legal regulation of land lease in Ukraine are formulated from the standpoint of the current legislative acts. The relevance of the issue is determined by the urgent need to resolve all issues arising between the parties upon handover (acceptance) of land for lease in Ukraine within the framework of the current legislation. Legal regulation of all issues related to the lease of land in Ukraine helps to prevent and resolve disputes between the parties related to ignorance, or failure to perform obligations of lease agreements, which are consolidated by the provisions of the current legislation, by any of the parties. Relations between lessees and lessors acquire a legislative framework, which greatly facilitates the resolution of all possible disputes. The practical significance of the study lies in identification and statement of the main regulations of current legislation, which objectively govern the issues of lease relations between the parties in Ukraine, from a legal position. The results of the paper, the conclusions and opinions contained therein, can be used in practical activities by organizations and individuals concluding lease agreements with each other for the right to use land plots in order to settle their lease obligations from the standpoint of the law. Of particular importance is the ability to facilitate the successful resolution of disputes between parties entering into lease relations, or to completely avoid them.","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":"131736450","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).07
Vitalii I. Bocheliuk, V. Nechyporenko, Olena Pozdniakova, Yuliia Siliavina, Oleg Kyrbiatiev
Abstract: The article sought to analyse the pedagogical instruments capable to bring change in culture and mentality-based perception of bullying among stakeholders of the educational process with the purpose of implementation of the Law ‘On Amendments to Certain Legislative Acts of Ukraine on Counteracting Bullying (Harassment)’ in the environment of educational institutions. This study used theoretical methods: analysis of scientific, pedagogical and regulatory sources in order to distinguish the gaps and areas to study in this particular problem, analysis of domestic and foreign best practices; empirical methods: diagnostic: survey questionnaires; statistical methods: quantitative analysis of the results of the survey questionnaires. The statistical data the authors obtained as a result of a survey of students from four schools prove that the problem of bullying in Ukrainian educational institutions is partially caused by socio-cultural and mental impact factors. Examples of overseas best practices in addressing the problem of bullying prevention in educational institutions, which can be adapted to the realities of Ukrainian educational institutions, include further outlined role-pays: ‘School Anti-Bullying Court’ and ‘Shuttle Diplomacy’ and the ‘Student Support Service’ model. Bullying is, to a large extent, a socio-cultural and mental problem of Ukrainian society, capable of dramatically affecting students’ learning abilities and their socialisation. Pedagogical tools to be used to deal with the above problem might be (a) regular anonymous interviewing of students about cases of violence; (b) teachers' educational work with children and parents on the problem of bullying; (c) involvement of the students in the development of rules of conduct; (d) teachers supervising schoolchildren after school hours; (e) teacher training (professional upgrade) for pedagogical, psychological and legal strategies for bullying prevention among students.
{"title":"Culture and Mentality-Related Specifics of Implementation of the ‘Law on Counteracting Bullying’ in the Environment of Educational Institutions","authors":"Vitalii I. Bocheliuk, V. Nechyporenko, Olena Pozdniakova, Yuliia Siliavina, Oleg Kyrbiatiev","doi":"10.14505/jarle.v11.3(49).07","DOIUrl":"https://doi.org/10.14505/jarle.v11.3(49).07","url":null,"abstract":"Abstract: \u0000The article sought to analyse the pedagogical instruments capable to bring change in culture and mentality-based perception of bullying among stakeholders of the educational process with the purpose of implementation of the Law ‘On Amendments to Certain Legislative Acts of Ukraine on Counteracting Bullying (Harassment)’ in the environment of educational institutions. This study used theoretical methods: analysis of scientific, pedagogical and regulatory sources in order to distinguish the gaps and areas to study in this particular problem, analysis of domestic and foreign best practices; empirical methods: diagnostic: survey questionnaires; statistical methods: quantitative analysis of the results of the survey questionnaires. The statistical data the authors obtained as a result of a survey of students from four schools prove that the problem of bullying in Ukrainian educational institutions is partially caused by socio-cultural and mental impact factors. Examples of overseas best practices in addressing the problem of bullying prevention in educational institutions, which can be adapted to the realities of Ukrainian educational institutions, include further outlined role-pays: ‘School Anti-Bullying Court’ and ‘Shuttle Diplomacy’ and the ‘Student Support Service’ model. Bullying is, to a large extent, a socio-cultural and mental problem of Ukrainian society, capable of dramatically affecting students’ learning abilities and their socialisation. Pedagogical tools to be used to deal with the above problem might be (a) regular anonymous interviewing of students about cases of violence; (b) teachers' educational work with children and parents on the problem of bullying; (c) involvement of the students in the development of rules of conduct; (d) teachers supervising schoolchildren after school hours; (e) teacher training (professional upgrade) for pedagogical, psychological and legal strategies for bullying prevention among students.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"62 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":"128930635","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).03
V. Avdeev, S. Rozenko, I. Fedulov, I. Ospichev, E. Frolova, E. Stepanova
The article examines the key directions to improve the effectiveness of legal means to protect the interests of the North’s indigenous minorities in the context of globalization. Attention is paid to the improvement of legal instruments for regulating public relations related to small indigenous minorities of the North. Special attention is focused on the correlation between international legal bases, national legislation and regional acts. Close attention is paid to the role and place of small indigenous minorities in Russian Federation state policy. The state and legal transformations taking place in the context of globalization are modelling a new level of social relations and give rise to special interest in improving their traditional way of life. The scientific rationale for new conceptual approaches is predetermined by the specificities of indigenous peoples’ social development. In this regard, the main areas of national policy applicable to the country’s indigenous population as a whole and to individual regions where they live in the twenty-first century require modernization. Preservation and development of ethnic groups requires the solution of modern problems through public authorities and self-government. The article analyzes the priority directions of state and legal policy, goals and objectives that meet the interests to protect the rights of small indigenous peoples. At present, it is necessary that the focus of legal policy should be directed at proclaiming and ensuring the rights of indigenous peoples, preserving their unique way of life, promoting life support in the changed conditions of the cultural and natural environment and protecting them from the negative influence of post-industrial society.
{"title":"The Mechanism of International Legal Support of Effective Management of Indigenous Peoples in the Northern Territories","authors":"V. Avdeev, S. Rozenko, I. Fedulov, I. Ospichev, E. Frolova, E. Stepanova","doi":"10.14505//jarle.v11.4(50).03","DOIUrl":"https://doi.org/10.14505//jarle.v11.4(50).03","url":null,"abstract":"The article examines the key directions to improve the effectiveness of legal means to protect the interests of the North’s indigenous minorities in the context of globalization. Attention is paid to the improvement of legal instruments for regulating public relations related to small indigenous minorities of the North. Special attention is focused on the correlation between international legal bases, national legislation and regional acts. \u0000Close attention is paid to the role and place of small indigenous minorities in Russian Federation state policy. The state and legal transformations taking place in the context of globalization are modelling a new level of social relations and give rise to special interest in improving their traditional way of life. \u0000The scientific rationale for new conceptual approaches is predetermined by the specificities of indigenous peoples’ social development. In this regard, the main areas of national policy applicable to the country’s indigenous population as a whole and to individual regions where they live in the twenty-first century require modernization. Preservation and development of ethnic groups requires the solution of modern problems through public authorities and self-government. \u0000The article analyzes the priority directions of state and legal policy, goals and objectives that meet the interests to protect the rights of small indigenous peoples. \u0000At present, it is necessary that the focus of legal policy should be directed at proclaiming and ensuring the rights of indigenous peoples, preserving their unique way of life, promoting life support in the changed conditions of the cultural and natural environment and protecting them from the negative influence of post-industrial society.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"70 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":"128563130","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).37
A. Serebrennikova, T. F. Minyaseva, N. Kala, A. Malinovsky, V. Malinovskaya, Serhii Grynchak
Currently, organ trafficking occupies a leading position among transnational organized criminal groups due to the high demand for illegal services and the relatively low rates of detection of illegal actions by law enforcement agencies. In this context, the purpose of the paper was to conduct a comparative analysis of the foundations of the legal regulation of criminal liability for organ trafficking and trafficking in the Russian Federation, Kazakhstan, and the European Union to form scientifically substantiated conclusions and suggestions for improving existing national legislation. To achieve this purpose, general scientific and special methods were used. The study also uncovers vectors and substantiates the feasibility of implementing EU legislation in the field of organ trafficking and trafficking in the criminal legislation of the Russian Federation and Kazakhstan, predicts the prospects for improving legal regulation on the subject matter and outlined the priority actions of legislative bodies. At the same time, promising areas of research in this matter are the issues of punishability of such acts and the appointment of the appropriate punishment. Furthermore, the creation of a highly regulated transplantation system at the national level was proposed, which is to be managed by a national transplantation authority with broad oversight powers. The creation of such a centralised competent authority will ensure the implementation of the scope of measures that would effectively reduce the risk of organ trafficking and trafficking and protect potential victims.
{"title":"Comparative Analysis of Foundations of Legal Regulation of Criminal Liability for Organ Trafficking in the Russian Federation, Kazakhstan, and the European Union","authors":"A. Serebrennikova, T. F. Minyaseva, N. Kala, A. Malinovsky, V. Malinovskaya, Serhii Grynchak","doi":"10.14505/jarle.v11.4(50).37","DOIUrl":"https://doi.org/10.14505/jarle.v11.4(50).37","url":null,"abstract":"Currently, organ trafficking occupies a leading position among transnational organized criminal groups due to the high demand for illegal services and the relatively low rates of detection of illegal actions by law enforcement agencies. In this context, the purpose of the paper was to conduct a comparative analysis of the foundations of the legal regulation of criminal liability for organ trafficking and trafficking in the Russian Federation, Kazakhstan, and the European Union to form scientifically substantiated conclusions and suggestions for improving existing national legislation. To achieve this purpose, general scientific and special methods were used. The study also uncovers vectors and substantiates the feasibility of implementing EU legislation in the field of organ trafficking and trafficking in the criminal legislation of the Russian Federation and Kazakhstan, predicts the prospects for improving legal regulation on the subject matter and outlined the priority actions of legislative bodies. At the same time, promising areas of research in this matter are the issues of punishability of such acts and the appointment of the appropriate punishment. Furthermore, the creation of a highly regulated transplantation system at the national level was proposed, which is to be managed by a national transplantation authority with broad oversight powers. The creation of such a centralised competent authority will ensure the implementation of the scope of measures that would effectively reduce the risk of organ trafficking and trafficking and protect potential victims.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"11 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":"129288736","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).22
N. Issatayeva, U. Datkhayev, K. Zhakipbekov, E. Serikbayeva, Galiya Zh. Umirzakhova
Public-private partnership is one of the main ways to solve the social problems of modern states. In Kazakhstan, the main strategic direction of the development of the healthcare system is the modernization of existing medical organizations and the construction of new healthcare facilities. The purpose of the paper was to investigate the theory and practice of public-private partnership (PPP) in the healthcare and pharmaceutical sectors, to identify the main issues and find their solutions. The leading research method was the analysis and synthesis method, which enabled the characterization of attributes and principles of PPPs, allowed to classify, and consider the most striking examples. Considering the differences between PPP contracts, we addressed not only the functions and content of such contracts, but also the terms, and the risks involved. The advantages for each of the interested parties in PPP were analyzed: private sector, public sector, consumers. The analysis of the current state of PPPs in the field of interest in Kazakhstan was performed. The generalization of world experience and the analysis of best practices allowed to develop action-oriented proposals for the further development of PPPs in Kazakhstan’s healthcare, including those that concern attraction of foreign companies with regard to the issue of concessions in the field of medical and pharmaceutical infrastructure.
{"title":"Public-Private Partnership in the Healthcare and Pharmaceutical Sectors of Kazakhstan: Problems and Solutions","authors":"N. Issatayeva, U. Datkhayev, K. Zhakipbekov, E. Serikbayeva, Galiya Zh. Umirzakhova","doi":"10.14505/jarle.v11.3(49).22","DOIUrl":"https://doi.org/10.14505/jarle.v11.3(49).22","url":null,"abstract":"Public-private partnership is one of the main ways to solve the social problems of modern states. In Kazakhstan, the main strategic direction of the development of the healthcare system is the modernization of existing medical organizations and the construction of new healthcare facilities. The purpose of the paper was to investigate the theory and practice of public-private partnership (PPP) in the healthcare and pharmaceutical sectors, to identify the main issues and find their solutions. The leading research method was the analysis and synthesis method, which enabled the characterization of attributes and principles of PPPs, allowed to classify, and consider the most striking examples. Considering the differences between PPP contracts, we addressed not only the functions and content of such contracts, but also the terms, and the risks involved. The advantages for each of the interested parties in PPP were analyzed: private sector, public sector, consumers. The analysis of the current state of PPPs in the field of interest in Kazakhstan was performed. The generalization of world experience and the analysis of best practices allowed to develop action-oriented proposals for the further development of PPPs in Kazakhstan’s healthcare, including those that concern attraction of foreign companies with regard to the issue of concessions in the field of medical and pharmaceutical infrastructure.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"63 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":"128166113","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).37
A. Ryzhik, V. Slesarev, Vitalij Anatolevich Malcev, Vladimir Kamishansky
This paper presents an analysis of the legal nature and regulation features of the website, which is the main tool of electronic commerce. There are various definitions of the concept of website that reflect the legal nature of the definition in question, depending on the circumstances of its use. It has been established that a website refers to a set of electronic documents (files), united under one address (domain name and (or) IP address). The authors come to the conclusion that, depending on the business model used by the subject of electronic commerce, websites can have both an informational and advertising character and contain the functionality of online stores, accepting and processing orders for goods and services online and, in many cases, performing them as well. With a certain degree of conventionality, one can say that in modern conditions the website acts as a representative of the person on the Internet. Therefore, the very first stage of its use — the stage of creating a website — is particularly important.
{"title":"Website as an e-Commerce Tool: Regulatory Technology","authors":"A. Ryzhik, V. Slesarev, Vitalij Anatolevich Malcev, Vladimir Kamishansky","doi":"10.14505/jarle.v11.3(49).37","DOIUrl":"https://doi.org/10.14505/jarle.v11.3(49).37","url":null,"abstract":"This paper presents an analysis of the legal nature and regulation features of the website, which is the main tool of electronic commerce. There are various definitions of the concept of website that reflect the legal nature of the definition in question, depending on the circumstances of its use. It has been established that a website refers to a set of electronic documents (files), united under one address (domain name and (or) IP address). The authors come to the conclusion that, depending on the business model used by the subject of electronic commerce, websites can have both an informational and advertising character and contain the functionality of online stores, accepting and processing orders for goods and services online and, in many cases, performing them as well. With a certain degree of conventionality, one can say that in modern conditions the website acts as a representative of the person on the Internet. Therefore, the very first stage of its use — the stage of creating a website — is particularly important.","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":"128978095","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).11
O. Hryshchuk, P. Pylypyshyn, Marta R. Romanynets, Khrystyna V. Horetska
The relevance of such a study is that when considering modern Ukraine there is an active interest of philosophers, scientists, lawyers in the study, definition and reconstruction of philosophical and legal studies of the legal system of Ukraine, due to the previous loss of uniqueness because of the totalitarian Soviet regime. The concept of individualism and its impact on the legal system plays an important role in many modern states, including the United States. Individualism, first of all, substantiates personal freedoms, emphasizes the value of an individual. This approach creates a human rights institution that is defined in each state and is protected from interference as a matter of priority. The aim is to study and reveal the concept and nature of the concept of individualism in the philosophy of law, determine its role in shaping the legal system of modern Ukraine and compare the impact of the concept of individualism on the legal system of Ukraine and the United States. This study used the dialectical method, historical and legal method, comparison, analysis and synthesis. The result of this article is a comparison that will allow to understand the influence of individualism on the formation of the system of Ukrainian social consciousness in contrast to the assertion of the consciousness of society under the influence of individualism in the United States.
{"title":"Formation of the Philosophy of Law of Ukraine and the USA under the Influence of Individualist Views: A Consideration through History Aspect","authors":"O. Hryshchuk, P. Pylypyshyn, Marta R. Romanynets, Khrystyna V. Horetska","doi":"10.14505//jarle.v11.4(50).11","DOIUrl":"https://doi.org/10.14505//jarle.v11.4(50).11","url":null,"abstract":"The relevance of such a study is that when considering modern Ukraine there is an active interest of philosophers, scientists, lawyers in the study, definition and reconstruction of philosophical and legal studies of the legal system of Ukraine, due to the previous loss of uniqueness because of the totalitarian Soviet regime. The concept of individualism and its impact on the legal system plays an important role in many modern states, including the United States. Individualism, first of all, substantiates personal freedoms, emphasizes the value of an individual. This approach creates a human rights institution that is defined in each state and is protected from interference as a matter of priority. The aim is to study and reveal the concept and nature of the concept of individualism in the philosophy of law, determine its role in shaping the legal system of modern Ukraine and compare the impact of the concept of individualism on the legal system of Ukraine and the United States. This study used the dialectical method, historical and legal method, comparison, analysis and synthesis. The result of this article is a comparison that will allow to understand the influence of individualism on the formation of the system of Ukrainian social consciousness in contrast to the assertion of the consciousness of society under the influence of individualism in the United States.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"47 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":"129220976","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).42
L. Vdovenko, S. Skrypnyk, P. Fenenko, Vita M. Havryliuk, V. Kovalov
The article considers the discrete process of development and effective functioning of the fiscal system of the European Union and Ukraine. A comprehensive methodological approach to the development, sustainability and efficiency of the fiscal system, which provides structural restructuring of the economic system and affects the ‘fiscal maneuver’ of the initial formative component, balances the specific interests of all subjects of redistributive relations. The typology of fiscal systems depending on the approved level of income tax rates, wages and other taxes is studied. The method of estimating the level of tax burden at the macro level is substantiated, which shows the share of GDP that is redistributed through the total amount of tax revenues to the budgets of all levels and extra-budgetary funds. The method of determining the level of tax burden and its impact on the consumer market and production (of goods), as well as the coefficient of elasticity of tax revenues to the State Budget, which embodies the fiscal effect of the impact on the system of tax revenues is shown. The three-stage structure of indicators is determined, which allows to calculate the integrated indicator of the state of the fiscal system and to determine the dynamics of the level of its security by stimulant factors and disincentive factors. The normalized values of stimulus factors and disincentive factors, as well as an integrated indicator of the state of the fiscal system of Ukraine are estimated and determined. The share of direct and indirect taxes in the GDP, as well as the structure of tax payments in the revenues of state budgets of EU member states are analyzed. A modification of the taxonomic indicator of indicative development of the fiscal system (indirect tax harmonization index) has been developed, which characterizes the level and dynamics, as well as changes in the directions and scales of consumption taxation in EU member states and Ukraine under conditions of functioning in a single economic space with a certain degree of harmonization of the sphere of indirect taxes.
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