Pub Date : 2020-06-15DOI: 10.14505/jarle.v11.3(49).34
K. Rodionova, V. M. Steshenko, I. Yatsenko
The main objectives of the research were such: to define the concept of cold chain as an object of legal regulation; to find out the content and features of the EU legislation on the safety and quality of meat and meat products during cold chain and its use in Ukraine; to characterize the legal bases of the current legislation of Ukraine on ensuring the safety and quality of meat and meat products during cold chain, to formulate proposals and recommendations aimed at improving the national legislation of Ukraine by approximating it to the EU legislation, which sets requirements for the safety and quality of meat and meat products throughout cold chain. To achieve the abovementioned objectives, the following methods were used: comparative legal, analytical, systemic, dialectical, generalizing, specific-search, structural-functional, semantic, methods of deduction and induction, etc. The content and features of the legal regulation of the safety and quality of meat and meat products in the current legislation of the European Union and Ukraine have been clarified. For the first time, the definition of the term 'cold chain' has been proposed by reference to it in author's editorial, which should influence its clearer scientific and practical understanding. It is determined that the temperature regimes of cold processing, storage and transportation of meat and meat products in Ukraine are regulated by a large number of legal acts, in particular: national standards of Ukraine (DSTU), technical regulations, technological instructions, rules of transportation, etc. It is found that national legal acts do not provide a systematic understanding of the particularities of cold chain legal regulation in the meat processing industry in order to ensure the safety and quality of meat and meat products. As a result of departmental inconsistency, the existing storage temperature parameters for the same product type in different legal acts differ from each other, which does not allow to determine the actual storage periods at different stages of the cold chain. In addition, current legal acts in Ukraine do not provide for constant monitoring of the temperature of cold-processed meat and meat products throughout all cold chain units and the hygienic condition of refrigerators throughout the shelf life. As a result, the cold chain is very difficult to be controlled and requires a large number of factors to be taken into account in order to bring safe and high-quality meat and meat products to the end consumer. According to the results of the research, proposals and recommendations are formulated to improve the national legislation of Ukraine governing the cold chain in the meat processing industry.
{"title":"Approximating Ukraine’s Laws to Those of the European Union Concerning Meat and Meat Products Cold Chain","authors":"K. Rodionova, V. M. Steshenko, I. Yatsenko","doi":"10.14505/jarle.v11.3(49).34","DOIUrl":"https://doi.org/10.14505/jarle.v11.3(49).34","url":null,"abstract":"The main objectives of the research were such: to define the concept of cold chain as an object of legal regulation; to find out the content and features of the EU legislation on the safety and quality of meat and meat products during cold chain and its use in Ukraine; to characterize the legal bases of the current legislation of Ukraine on ensuring the safety and quality of meat and meat products during cold chain, to formulate proposals and recommendations aimed at improving the national legislation of Ukraine by approximating it to the EU legislation, which sets requirements for the safety and quality of meat and meat products throughout cold chain. To achieve the abovementioned objectives, the following methods were used: comparative legal, analytical, systemic, dialectical, generalizing, specific-search, structural-functional, semantic, methods of deduction and induction, etc. \u0000The content and features of the legal regulation of the safety and quality of meat and meat products in the current legislation of the European Union and Ukraine have been clarified. \u0000For the first time, the definition of the term 'cold chain' has been proposed by reference to it in author's editorial, which should influence its clearer scientific and practical understanding. It is determined that the temperature regimes of cold processing, storage and transportation of meat and meat products in Ukraine are regulated by a large number of legal acts, in particular: national standards of Ukraine (DSTU), technical regulations, technological instructions, rules of transportation, etc. \u0000It is found that national legal acts do not provide a systematic understanding of the particularities of cold chain legal regulation in the meat processing industry in order to ensure the safety and quality of meat and meat products. As a result of departmental inconsistency, the existing storage temperature parameters for the same product type in different legal acts differ from each other, which does not allow to determine the actual storage periods at different stages of the cold chain. \u0000In addition, current legal acts in Ukraine do not provide for constant monitoring of the temperature of cold-processed meat and meat products throughout all cold chain units and the hygienic condition of refrigerators throughout the shelf life. \u0000As a result, the cold chain is very difficult to be controlled and requires a large number of factors to be taken into account in order to bring safe and high-quality meat and meat products to the end consumer. According to the results of the research, proposals and recommendations are formulated to improve the national legislation of Ukraine governing the cold chain in the meat processing industry.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"6 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":"120966937","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).31
V. Reshota, O. Ilnytskyi, Maryana Syrko, O. Reshota
The article analyzes important meaning of determining the advantages and threats of choosing a dominant domestic (constitutional) or external (international treaties) vector of budgetary funds administration to ensure the certainty of the development direction of the financial, economic and legal system of the states that are still in the stage of formation. The resolution of this task is an integral part of the characteristics of the state’s basic functioning, with the determination of the primacy of the respective sources regulation. The study uses general scientific and special scientific methods, the basis of which is the application of the results of theoretical studies, statistical and other generalized information on the functioning of the legal and financial system of Ukraine. Ukraine recognizes the primacy of international legal regulation, however, if it does not contradict the Constitution. In the context of globalization and threats to identity, special measures shall be applied by the state to protect its financial stability and independence. It is stated in the article that special attention should be paid to normative principles, which shall be reflected in the legislation. Moreover, the article analyzes the acts of soft law in the framework of cooperation with international financial organizations, which differ from ‘ordinary’ treaties, but bear a politically binding component. It is concluded that the international obligations of the state, taken under international treaties in the financial and budgetary sphere, cannot create direct consequences for citizens, but must be realized in the legal system through national law-making.
{"title":"Budgetary Funds Management in Ukraine: Constitutional and International Treaties Regulation","authors":"V. Reshota, O. Ilnytskyi, Maryana Syrko, O. Reshota","doi":"10.14505/jarle.v11.4(50).31","DOIUrl":"https://doi.org/10.14505/jarle.v11.4(50).31","url":null,"abstract":"The article analyzes important meaning of determining the advantages and threats of choosing a dominant domestic (constitutional) or external (international treaties) vector of budgetary funds administration to ensure the certainty of the development direction of the financial, economic and legal system of the states that are still in the stage of formation. The resolution of this task is an integral part of the characteristics of the state’s basic functioning, with the determination of the primacy of the respective sources regulation. \u0000The study uses general scientific and special scientific methods, the basis of which is the application of the results of theoretical studies, statistical and other generalized information on the functioning of the legal and financial system of Ukraine. Ukraine recognizes the primacy of international legal regulation, however, if it does not contradict the Constitution. \u0000In the context of globalization and threats to identity, special measures shall be applied by the state to protect its financial stability and independence. It is stated in the article that special attention should be paid to normative principles, which shall be reflected in the legislation. Moreover, the article analyzes the acts of soft law in the framework of cooperation with international financial organizations, which differ from ‘ordinary’ treaties, but bear a politically binding component. It is concluded that the international obligations of the state, taken under international treaties in the financial and budgetary sphere, cannot create direct consequences for citizens, but must be realized in the legal system through national law-making.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"16 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":"115425399","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).18
K. Mursalova, Bakytgul Ainakanova, Aigul S. Kazkenova, Nurgul Zhalelkanova, Özay Özpençe
At the present stage, to ensure economic security at different levels (both national and regional), for economic growth and sustainable development, one of the important factors is integration processes. At present, integration unions, which include several member states, are acting quite effectively. One of such unions is the Eurasian Economic Union (EAEU), in comparison other integration unions such as the EU (European Union), the European Free Trade Association (EFTA) and some other, EAEU is quite young. However, this union of countries can be called one of the dynamically developing, and nevertheless, in the interaction within the union, a certain imbalance between the member states can be noted, which can be called a serious internal challenge for the EAEU. It is worth noting the economic context of the imbalances in the Union: there is no correlation in macroeconomic indicators (for the majority) between the countries – members of the Union. One of the leading participants in the Eurasian Economic Union, as well as one of the founders is Kazakhstan. It was with at the behest of Kazakhstan that the implementation of this union began. But, after 5.5 years of the functioning of this integration association, the effectiveness of this association gives rise to certain disputes, especially the effectiveness of the union, which calls into question the advisability of Kazakhstan in the composition of this union. The purpose of the article is to analyze the problems of economic integration of Kazakhstan in the Eurasian Economic Union and the possibility of solving them. In the framework of the study of the problem, a scientific approach was used using general scientific methods that were also special, in particular, systematization, theoretical generalization and the method of comparison with the use of statistical analysis. The study defines the concept of integration, reveals the understanding of economic integration from the perspective of different economic schools, using various approaches to understanding this category, defines forms of economic integration and factors defining the integration process, gives a brief disclosure of the essence of the Eurasian Economic Union. The participation of Kazakhstan in the EAEU relative to other participating countries is considered and the main problems are identified, some prospects for Kazakhstan’s participation in the EAEU are considered. The prospects for further research are due to further study of the EAEU problems with respect to the participating countries, for their subsequent study and search for solutions. The instrumental value of the material lies in the possibility of studying problematic issues for further sustainable and effective interaction.
{"title":"Analysis of Problems of Kazakhstan’s Economic Integration in the EAEU","authors":"K. Mursalova, Bakytgul Ainakanova, Aigul S. Kazkenova, Nurgul Zhalelkanova, Özay Özpençe","doi":"10.14505//jarle.v11.4(50).18","DOIUrl":"https://doi.org/10.14505//jarle.v11.4(50).18","url":null,"abstract":"At the present stage, to ensure economic security at different levels (both national and regional), for economic growth and sustainable development, one of the important factors is integration processes. At present, integration unions, which include several member states, are acting quite effectively. One of such unions is the Eurasian Economic Union (EAEU), in comparison other integration unions such as the EU (European Union), the European Free Trade Association (EFTA) and some other, EAEU is quite young. However, this union of countries can be called one of the dynamically developing, and nevertheless, in the interaction within the union, a certain imbalance between the member states can be noted, which can be called a serious internal challenge for the EAEU. It is worth noting the economic context of the imbalances in the Union: there is no correlation in macroeconomic indicators (for the majority) between the countries – members of the Union. One of the leading participants in the Eurasian Economic Union, as well as one of the founders is Kazakhstan. It was with at the behest of Kazakhstan that the implementation of this union began. But, after 5.5 years of the functioning of this integration association, the effectiveness of this association gives rise to certain disputes, especially the effectiveness of the union, which calls into question the advisability of Kazakhstan in the composition of this union. The purpose of the article is to analyze the problems of economic integration of Kazakhstan in the Eurasian Economic Union and the possibility of solving them. In the framework of the study of the problem, a scientific approach was used using general scientific methods that were also special, in particular, systematization, theoretical generalization and the method of comparison with the use of statistical analysis. The study defines the concept of integration, reveals the understanding of economic integration from the perspective of different economic schools, using various approaches to understanding this category, defines forms of economic integration and factors defining the integration process, gives a brief disclosure of the essence of the Eurasian Economic Union. The participation of Kazakhstan in the EAEU relative to other participating countries is considered and the main problems are identified, some prospects for Kazakhstan’s participation in the EAEU are considered. The prospects for further research are due to further study of the EAEU problems with respect to the participating countries, for their subsequent study and search for solutions. The instrumental value of the material lies in the possibility of studying problematic issues for further sustainable and effective interaction.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"19 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":"133571267","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).13
I. Kostyashkin, N. CHUDYK-BILOUSOVA, L. Taranenko, A. Andrushko, Natalia M. Loginova
At present, the issue of land market reform for Ukraine is extremely urgent, as the state has for over 20 years been operating a moratorium on the alienation of agricultural land. The prudent transition from a moratorium on the alienation of agricultural land to the modern land market is a priority area for land reform. The purpose of the paper is to conduct a scientific analysis of the current state of land market reform in Ukraine, as well as to compare the chosen reform path with the experience of developing the mechanisms of legal regulation of the land market in several European countries. Methods traditional for legal studies in Ukraine were used to achieve this purpose: historical law; comparatively law; formal law. The study found that a moratorium on the sale of agricultural land leads to the existence of a gray land market, which benefits primarily large corporations, and violates the rights of other business entities. State regulation in the EU countries is expressed in limiting the size of land, control over compliance with the change of purpose of land or the absolute prohibition of its change, restrictions on admission to the purchase of land by foreigners, obtaining special permits for the acquisition of agricultural land, etc. To fulfil the potential of the land market and fully protect the rights of landowners, it is important to consider not only the expansion of opportunities for sale but also the lease of land. The experience of the European Union states that the priority way of development of the land market is its development through stimulation of the farming method of land tenure and land use, which contributes to the performance of the social function by the land.
{"title":"Land Ownership in Ukraine: Reform Issues","authors":"I. Kostyashkin, N. CHUDYK-BILOUSOVA, L. Taranenko, A. Andrushko, Natalia M. Loginova","doi":"10.14505//jarle.v11.4(50).13","DOIUrl":"https://doi.org/10.14505//jarle.v11.4(50).13","url":null,"abstract":"At present, the issue of land market reform for Ukraine is extremely urgent, as the state has for over 20 years been operating a moratorium on the alienation of agricultural land. The prudent transition from a moratorium on the alienation of agricultural land to the modern land market is a priority area for land reform. The purpose of the paper is to conduct a scientific analysis of the current state of land market reform in Ukraine, as well as to compare the chosen reform path with the experience of developing the mechanisms of legal regulation of the land market in several European countries. Methods traditional for legal studies in Ukraine were used to achieve this purpose: historical law; comparatively law; formal law. The study found that a moratorium on the sale of agricultural land leads to the existence of a gray land market, which benefits primarily large corporations, and violates the rights of other business entities. State regulation in the EU countries is expressed in limiting the size of land, control over compliance with the change of purpose of land or the absolute prohibition of its change, restrictions on admission to the purchase of land by foreigners, obtaining special permits for the acquisition of agricultural land, etc. To fulfil the potential of the land market and fully protect the rights of landowners, it is important to consider not only the expansion of opportunities for sale but also the lease of land. The experience of the European Union states that the priority way of development of the land market is its development through stimulation of the farming method of land tenure and land use, which contributes to the performance of the social function by the land.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"20 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":"116110977","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).40
Assemgul T. Urazayeva
At present, dialogue is the most effective form of interaction, which allows to form a positive public opinion and achieve the country's foreign policy interests abroad. The paper investigates the concept of public diplomacy, proposed by various authors as a special direction of the country's foreign policy. To determine the effectiveness of public diplomacy, practices of different countries are examined, namely Russia and China, which, through the use of public diplomacy, have created a dialogue with the foreign public, thereby promoting national interests and gaining loyalty of a foreign audience. This paper considers the international initiatives of Kazakhstan as elements of public diplomacy, allowing to position the country and increase its attractiveness in the international arena. Analyzing the experience of developing public diplomacy in other countries and considering the current tasks of Kazakhstan, the author offers recommendations on the effective implementation of public diplomacy as an additional opportunity to promote the foreign policy interests of Kazakhstan abroad. The implementation of the recommendations will allow Kazakhstan to effectively use public diplomacy for successful positioning of the country in the world community, as well as to establish dialogue with the foreign public, ensuring its loyalty to the country's current policy.
{"title":"The Role of Public Diplomacy in Dialogue with Foreign Public","authors":"Assemgul T. Urazayeva","doi":"10.14505/jarle.v11.4(50).40","DOIUrl":"https://doi.org/10.14505/jarle.v11.4(50).40","url":null,"abstract":"At present, dialogue is the most effective form of interaction, which allows to form a positive public opinion and achieve the country's foreign policy interests abroad. The paper investigates the concept of public diplomacy, proposed by various authors as a special direction of the country's foreign policy. To determine the effectiveness of public diplomacy, practices of different countries are examined, namely Russia and China, which, through the use of public diplomacy, have created a dialogue with the foreign public, thereby promoting national interests and gaining loyalty of a foreign audience. This paper considers the international initiatives of Kazakhstan as elements of public diplomacy, allowing to position the country and increase its attractiveness in the international arena. Analyzing the experience of developing public diplomacy in other countries and considering the current tasks of Kazakhstan, the author offers recommendations on the effective implementation of public diplomacy as an additional opportunity to promote the foreign policy interests of Kazakhstan abroad. The implementation of the recommendations will allow Kazakhstan to effectively use public diplomacy for successful positioning of the country in the world community, as well as to establish dialogue with the foreign public, ensuring its loyalty to the country's current policy.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"33 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":"122233874","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).29
Zarina Muratzhan, K. Bishmanov, Z. Dilbarkhanova
This article discusses the legal aspects of countering the financing of terrorism and extremism at the national and international levels. The economic basis for the activities of terrorist and extremist organizations is money, which in many cases is received from legalized shadow incomes. Therefore, the legalization of shadow incomes and the financing of terrorism and extremism are inseparable in the legislation of many countries and international law. This article discusses some national characteristics and international legal experience in countering money laundering and the financing of terrorism and extremism. The purpose of the present work is to analyze the possibilities of applying global experience in countering the activities of terrorist and extremist organizations by suppressing their financing and making it more difficult. The authors have examined legal acts and the opinions of researchers suggesting various methods of countering the financing of terrorism. The analysis of the above materials allowed the authors to conclude the need to use international experience to improve the legal framework for countering the financing of terrorism and extremism in Kazakhstan.
{"title":"The Development of National and International Legislation in the Field of Countering the Financing of Terrorist and Extremist Activities","authors":"Zarina Muratzhan, K. Bishmanov, Z. Dilbarkhanova","doi":"10.14505/jarle.v11.3(49).29","DOIUrl":"https://doi.org/10.14505/jarle.v11.3(49).29","url":null,"abstract":"This article discusses the legal aspects of countering the financing of terrorism and extremism at the national and international levels. The economic basis for the activities of terrorist and extremist organizations is money, which in many cases is received from legalized shadow incomes. Therefore, the legalization of shadow incomes and the financing of terrorism and extremism are inseparable in the legislation of many countries and international law. This article discusses some national characteristics and international legal experience in countering money laundering and the financing of terrorism and extremism. The purpose of the present work is to analyze the possibilities of applying global experience in countering the activities of terrorist and extremist organizations by suppressing their financing and making it more difficult. The authors have examined legal acts and the opinions of researchers suggesting various methods of countering the financing of terrorism. The analysis of the above materials allowed the authors to conclude the need to use international experience to improve the legal framework for countering the financing of terrorism and extremism in Kazakhstan.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"38 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":"116697559","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).27
A. Lutskyi, M. Lutskyi, Roman Lutskyi
Nowadays, scientific thought pays little attention to coverage of the essence of such features of law as systematicity and universality. They are the ones that cover the internal structure of appointment and the role of such a category as ‘positive law’. The essential features of positive law reflect the central formula of this category, which reflects the quintessence of the concept of ‘law’. The term ‘positive law’ means a rule of conduct that is accepted and sanctioned by the state and is universally binding. The purpose of the paper is to determine the essence and features of positive law based on a correct understanding of the features that describe this phenomenon, as well as are key factors in legal consciousness. The essential features of positive law presented in the paper reflect the central formula of this category, which reflects the quintessence of the concept of ‘law’; this formula can be supplemented and modified, but it cannot be left out without compromising the full coverage of the content, structure, and mechanism of law.
{"title":"Theory Characteristics of the Features of Law that Express its Positive Essence","authors":"A. Lutskyi, M. Lutskyi, Roman Lutskyi","doi":"10.14505/jarle.v11.3(49).27","DOIUrl":"https://doi.org/10.14505/jarle.v11.3(49).27","url":null,"abstract":"Nowadays, scientific thought pays little attention to coverage of the essence of such features of law as systematicity and universality. They are the ones that cover the internal structure of appointment and the role of such a category as ‘positive law’. The essential features of positive law reflect the central formula of this category, which reflects the quintessence of the concept of ‘law’. The term ‘positive law’ means a rule of conduct that is accepted and sanctioned by the state and is universally binding. The purpose of the paper is to determine the essence and features of positive law based on a correct understanding of the features that describe this phenomenon, as well as are key factors in legal consciousness. The essential features of positive law presented in the paper reflect the central formula of this category, which reflects the quintessence of the concept of ‘law’; this formula can be supplemented and modified, but it cannot be left out without compromising the full coverage of the content, structure, and mechanism of law.","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":"117149127","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).04
B. Altynbassov, Z. Abdukarimova, Aigerim Bayanbayeva, S. Mukhamejanuly
This article discusses several legal and economic problems in the process of globalization of higher education in Kazakhstan. To date, the Government of Kazakhstan has issued a resolution on the transformation of 25 national and state universities into non-profit joint-stock companies, as well as amendments to the Civil Code and other current legislation. As a result of this study, it has been found that the concept of a non-profit joint-stock company was first used in Kazakhstan and contradicted the institution of legal entities in civil law. Such changes and amendments in civil law are an unprecedented phenomenon in the legal systems of the Commonwealth of Independent States (CIS) countries. There is also a risk that the transfer of higher education institutions to non-profit joint-stock companies may become the legal basis for the illegal privatization of public universities. The authors suggest that the privatization of higher education institutions has been detrimental to the state, and that reform should be addressed based on administrative and legal considerations and through improved university governance models. The modernization of the governance model of public universities according to modern requirements is beneficial to the state and society. The study analyzes the relationship between the university and its stakeholders based on Freeman’s Stakeholder theory. It also identifies deficiencies in legislation that impede the establishment of partnerships between the university and industrial companies and suggests ways to address them.
{"title":"Legal and Organizational Issues of the Transformation of Public Universities into Non-Profit Organizations in Kazakhstan","authors":"B. Altynbassov, Z. Abdukarimova, Aigerim Bayanbayeva, S. Mukhamejanuly","doi":"10.14505/jarle.v11.3(49).04","DOIUrl":"https://doi.org/10.14505/jarle.v11.3(49).04","url":null,"abstract":"This article discusses several legal and economic problems in the process of globalization of higher education in Kazakhstan. To date, the Government of Kazakhstan has issued a resolution on the transformation of 25 national and state universities into non-profit joint-stock companies, as well as amendments to the Civil Code and other current legislation. As a result of this study, it has been found that the concept of a non-profit joint-stock company was first used in Kazakhstan and contradicted the institution of legal entities in civil law. Such changes and amendments in civil law are an unprecedented phenomenon in the legal systems of the Commonwealth of Independent States (CIS) countries. There is also a risk that the transfer of higher education institutions to non-profit joint-stock companies may become the legal basis for the illegal privatization of public universities. The authors suggest that the privatization of higher education institutions has been detrimental to the state, and that reform should be addressed based on administrative and legal considerations and through improved university governance models. The modernization of the governance model of public universities according to modern requirements is beneficial to the state and society. The study analyzes the relationship between the university and its stakeholders based on Freeman’s Stakeholder theory. It also identifies deficiencies in legislation that impede the establishment of partnerships between the university and industrial companies and suggests ways to address them.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"88 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":"125822462","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).19
Bakytgul Ismailova, A. Kurmanova, Tatyana Alimpiyeva, K. Balabiyev, A. Altynbekkyzy, Aidar Altynbekuly
According to Global Information Technology Report, Kazakhstan ranks 39th among countries actively introducing information technologies into electronic business and electronic commerce. The legislative development for e-business and e-commerce in Kazakhstan has begun since 1999, a number of legislative regulations and guidelines have been developed by national parliament of Kazakhstan. The purpose of this article is to present and analyze viewpoint on current national legislation and guidelines on e-business and e-commerce in post-soviet Kazakhstan. This article uses comparative method of legal rules governing e-business and e-commerce issues between Kazakhstan and international countries. Furthermore, it applies a system method, where e-business and e-commerce was considered as a co-economic-legal phenomenon in the mutually agreed existence of its main components such as e-document circulation and e-economy. The article concludes that there is no clearly nationally formulated concept of legal regulation of e-business and e-commerce, there is no clear terminology base and uniform usage of terms, a clear idea of how and what should be regulated. The article highlights that Kazakhstan needs to apply integrated approach with further revision of national legislation and guidelines considering experiences of developed countries and standards of the United Nations convention on the use of electronic communications in international contracts. This review article explores a problematic area of national legislation and guidelines on e-business and e-commerce in transitional Kazakhstan which display interests to e-business and e-commerce and at the same time, country experiences the difficult economic situation, caused by decreasing oil prices, higher inflation and significant devaluation of the national currency.
{"title":"The Viewpoint on Legislation and Guidelines on e-Business and e-Commerce: Kazakhstan’s Approac","authors":"Bakytgul Ismailova, A. Kurmanova, Tatyana Alimpiyeva, K. Balabiyev, A. Altynbekkyzy, Aidar Altynbekuly","doi":"10.14505/jarle.v11.3(49).19","DOIUrl":"https://doi.org/10.14505/jarle.v11.3(49).19","url":null,"abstract":"According to Global Information Technology Report, Kazakhstan ranks 39th among countries actively introducing information technologies into electronic business and electronic commerce. The legislative development for e-business and e-commerce in Kazakhstan has begun since 1999, a number of legislative regulations and guidelines have been developed by national parliament of Kazakhstan. The purpose of this article is to present and analyze viewpoint on current national legislation and guidelines on e-business and e-commerce in post-soviet Kazakhstan. This article uses comparative method of legal rules governing e-business and e-commerce issues between Kazakhstan and international countries. Furthermore, it applies a system method, where e-business and e-commerce was considered as a co-economic-legal phenomenon in the mutually agreed existence of its main components such as e-document circulation and e-economy. The article concludes that there is no clearly nationally formulated concept of legal regulation of e-business and e-commerce, there is no clear terminology base and uniform usage of terms, a clear idea of how and what should be regulated. The article highlights that Kazakhstan needs to apply integrated approach with further revision of national legislation and guidelines considering experiences of developed countries and standards of the United Nations convention on the use of electronic communications in international contracts. This review article explores a problematic area of national legislation and guidelines on e-business and e-commerce in transitional Kazakhstan which display interests to e-business and e-commerce and at the same time, country experiences the difficult economic situation, caused by decreasing oil prices, higher inflation and significant devaluation of the national currency.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"5 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":"128764354","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).01
A. Al-Khasilat, Tamara Yaqoub Nasrideen
The research aims to clarify the legal solution about an important issue, which is to identify which legal rule needs to be applied to a civil lawsuit that has been raised based on a public right lawsuit in the criminal court, it was noticed that there is a Jurisprudential and Judicial Dispute while dealing with this subject, therefore the research addressed the differences in opinions and the Jordanian legislator's point of view about this matter. At the end of the research, a conclusion for the need for a clear and explicit provision statement to melt this dispute.
{"title":"The Range of Applying the Foreign Law in the Jordanian Judiciary Against the Civil Proceedings Caused Due to a Crime","authors":"A. Al-Khasilat, Tamara Yaqoub Nasrideen","doi":"10.14505//jarle.v11.3(49).01","DOIUrl":"https://doi.org/10.14505//jarle.v11.3(49).01","url":null,"abstract":"The research aims to clarify the legal solution about an important issue, which is to identify which legal rule needs to be applied to a civil lawsuit that has been raised based on a public right lawsuit in the criminal court, it was noticed that there is a Jurisprudential and Judicial Dispute while dealing with this subject, therefore the research addressed the differences in opinions and the Jordanian legislator's point of view about this matter. At the end of the research, a conclusion for the need for a clear and explicit provision statement to melt this dispute.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"60 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":"114834244","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：