首页 > 最新文献

Problems of Legality最新文献

英文 中文
Features of Taxation of Income Received from Performing an Independent Professional Activity in the War Period 战争时期从事独立专业活动所得的税收特点
Pub Date : 2023-03-30 DOI: 10.21564/2414-990x.160.274226
Yevhen Pоstoronko
The article analyzes the changes in income taxation of self-employed persons due to the introduction of martial law. A comparison of the transformation in taxation of two types of self-employed persons, namely: individual entrepreneurs (who are on a simplified taxation system) and persons who conduct independent professional activities. The purpose of this article is to consider and analyze the features of taxation of income from independent professional activities during the wartime period. It has been established that the legislation provides for changes in the norms regarding terms, tax control, liability (penal sanctions), exemption from taxation, reduction of tax rates, etc. for various categories of taxpayers. It was found that there is no uniform approach to the taxation of incomes of such categories of taxpayers as natural persons-entrepreneurs and persons engaged in independent professional activity, which indicates a violation of the principles of equality, social justice, legality and a unified approach to the establishment of taxes and fees, contributes to the imbalance in the implementation of economic tax principles, formation of burdensome tax burden. The legislator did not create favorable conditions for taxing the income of persons engaged in independent professional activity. At the same time, the Tax Code of Ukraine stipulates that mobilized persons who carry out independent professional activities, who had or did not have hired workers, were called up for military service during mobilization or were involved in the performance of responsibilities for mobilization in positions provided for by wartime states, for the entire period of their military service are exempted from the obligation to calculate, pay and submit tax reports on personal income tax and military levy. Under such conditions, such persons, on behalf of their employees and for the duration of their military service under conscription during mobilization, authorize another person to pay wages and/or other income to employees, then the obligation to calculate and withhold personal income tax and military collection from such payments for the period of military service. But we must not forget that this norm existed even before the full-scale invasion. It was concluded that the legal regime of martial law and its legal consequences made adjustments to the legal regulation of taxation of income from independent professional activity. However, there is currently a discriminatory regulation of income taxation of persons engaged in independent professional activity. This indicates the need for the legislator to create favorable conditions for taxation of income from independent professional activity.
本文分析了戒严令实施后个体户所得税的变化。比较两类个体户的税收转变,即:个体企业家(采用简化税制)和从事独立专业活动的人。本文的目的是考虑和分析战时独立职业活动所得征税的特点。已确定的是,立法规定改变有关条款、税收管制、责任(刑事制裁)、免税、降低税率等各类别纳税人的准则。调查发现,对自然人、企业家和从事独立专业活动的人等纳税人的收入没有统一的征税办法,这表明违反了平等、社会公正、合法的原则和统一的税收收费办法,造成了经济税收原则执行的不平衡,形成了繁重的税收负担。立法者没有为对从事独立专业活动的人的收入征税创造有利条件。同时,乌克兰税法规定,从事独立专业活动的被动员人员,有或没有雇用工人,在动员期间被征召服兵役,或在战时国家规定的职位上参与履行动员责任,在其整个服兵役期间免除计算的义务。缴纳和提交个人所得税和军税报表。在这种情况下,这些人在动员期间代表其雇员和在征兵期间服兵役,授权另一个人向雇员支付工资和(或)其他收入,然后有义务计算和代扣个人所得税和从这种支付中征收军事费用。但我们绝不能忘记,这一规范甚至在全面入侵之前就存在了。结论是,戒严法的法律制度及其法律后果调整了对独立专业活动所得征税的法律规定。但是,目前对从事独立专业活动的人的所得税有歧视性规定。这表明立法者需要为独立职业活动所得的征税创造有利条件。
{"title":"Features of Taxation of Income Received from Performing an Independent Professional Activity in the War Period","authors":"Yevhen Pоstoronko","doi":"10.21564/2414-990x.160.274226","DOIUrl":"https://doi.org/10.21564/2414-990x.160.274226","url":null,"abstract":"The article analyzes the changes in income taxation of self-employed persons due to the introduction of martial law. A comparison of the transformation in taxation of two types of self-employed persons, namely: individual entrepreneurs (who are on a simplified taxation system) and persons who conduct independent professional activities. The purpose of this article is to consider and analyze the features of taxation of income from independent professional activities during the wartime period. It has been established that the legislation provides for changes in the norms regarding terms, tax control, liability (penal sanctions), exemption from taxation, reduction of tax rates, etc. for various categories of taxpayers. It was found that there is no uniform approach to the taxation of incomes of such categories of taxpayers as natural persons-entrepreneurs and persons engaged in independent professional activity, which indicates a violation of the principles of equality, social justice, legality and a unified approach to the establishment of taxes and fees, contributes to the imbalance in the implementation of economic tax principles, formation of burdensome tax burden. The legislator did not create favorable conditions for taxing the income of persons engaged in independent professional activity. At the same time, the Tax Code of Ukraine stipulates that mobilized persons who carry out independent professional activities, who had or did not have hired workers, were called up for military service during mobilization or were involved in the performance of responsibilities for mobilization in positions provided for by wartime states, for the entire period of their military service are exempted from the obligation to calculate, pay and submit tax reports on personal income tax and military levy. Under such conditions, such persons, on behalf of their employees and for the duration of their military service under conscription during mobilization, authorize another person to pay wages and/or other income to employees, then the obligation to calculate and withhold personal income tax and military collection from such payments for the period of military service. But we must not forget that this norm existed even before the full-scale invasion. It was concluded that the legal regime of martial law and its legal consequences made adjustments to the legal regulation of taxation of income from independent professional activity. However, there is currently a discriminatory regulation of income taxation of persons engaged in independent professional activity. This indicates the need for the legislator to create favorable conditions for taxation of income from independent professional activity.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127924898","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}
引用次数: 0
Object of Related Rights of Broadcasting Organizations 广播组织相关权利客体
Pub Date : 2023-03-30 DOI: 10.21564/2414-990x.160.273549
A. Shtefan
The article is devoted to the characteristics of the object of related rights of a broadcasting organization. The subject matter of the study is the legal regulation of this object in the Laws of Ukraine “On Television and Radio Broadcasting”, “On Copyright and Related Rights” of 1993, and the Civil Code of Ukraine whose provisions contained conflicts for a long time, and the Law of Ukraine “On Copyright and Related Rights” of 2022. The purpose of the article is to provide a comprehensive characterization of the broadcasting organization program as an object of related rights and to determine its relationship with the separate show of the broadcasting organization. The study was conducted using historical, comparative legal, formal legal, dialectical and logical methods. It is substantiated that a separate show, in case of a creative contribution to its creation, is an oral work (radio show) or an audiovisual work (television show) capable of copyright protection. Related rights of broadcasting organizations extend to a set of shows and other materials combined in the program but not to individual components of this program. This approach is also reflected in the provisions of the new Law of Ukraine “On Copyright and Related Rights” of 2022. It is determined that the program of broadcasting organization is not identical to a composite work since its legal protection covers the result of not creative selection and arrangement of certain materials but organizational and technical efforts to compose certain objects into a complete program.
本文探讨了广播组织关联权客体的特点。研究的主题是乌克兰1993年的《电视和无线电广播法》、《版权及相关权法》以及条款长期存在冲突的乌克兰民法典和2022年的《版权及相关权法》中对这一客体的法律规定。本文的目的是对广播组织节目作为相关权客体进行全面的定性,并确定其与广播组织独立节目的关系。研究采用了历史法、比较法、形式法、辩证法和逻辑法。事实证明,单独的节目,如果对其创作有创造性贡献,则是能够受到版权保护的口头作品(广播节目)或音像作品(电视节目)。广播组织的相关权利扩展到节目中的一组节目和其他材料,但不包括该节目的单个组成部分。这种做法也反映在乌克兰2022年新颁布的《版权及相关权法》的规定中。广播机构的节目不等同于合成作品,因为其法律保护的不是对某些材料的创造性选择和安排的结果,而是将某些对象组合成完整节目的组织和技术努力的结果。
{"title":"Object of Related Rights of Broadcasting Organizations","authors":"A. Shtefan","doi":"10.21564/2414-990x.160.273549","DOIUrl":"https://doi.org/10.21564/2414-990x.160.273549","url":null,"abstract":"The article is devoted to the characteristics of the object of related rights of a broadcasting organization. The subject matter of the study is the legal regulation of this object in the Laws of Ukraine “On Television and Radio Broadcasting”, “On Copyright and Related Rights” of 1993, and the Civil Code of Ukraine whose provisions contained conflicts for a long time, and the Law of Ukraine “On Copyright and Related Rights” of 2022. The purpose of the article is to provide a comprehensive characterization of the broadcasting organization program as an object of related rights and to determine its relationship with the separate show of the broadcasting organization. The study was conducted using historical, comparative legal, formal legal, dialectical and logical methods. It is substantiated that a separate show, in case of a creative contribution to its creation, is an oral work (radio show) or an audiovisual work (television show) capable of copyright protection. Related rights of broadcasting organizations extend to a set of shows and other materials combined in the program but not to individual components of this program. This approach is also reflected in the provisions of the new Law of Ukraine “On Copyright and Related Rights” of 2022. It is determined that the program of broadcasting organization is not identical to a composite work since its legal protection covers the result of not creative selection and arrangement of certain materials but organizational and technical efforts to compose certain objects into a complete program.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131838156","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}
引用次数: 0
Authority and Responsibilities of a Notary Regarding the Liquidation Process of a Limited Liability Company in the Republic of Indonesia 公证人在印度尼西亚共和国有限责任公司清算过程中的权力和责任
Pub Date : 2023-03-30 DOI: 10.21564/2414-990x.160.269422
Ruko ., S. ., R. Bintoro
A notary is a public official who has duties and authorities related to making an authentic deed, in this case, the making of an act and the dissolution of a limited liability company. A limited liability company is a type of business entity consisting of shares. The establishment of a Limited Liability Company must meet the requirements specified in the laws and regulations. The Company's organs must exist within the Company, including the Company's organs, the General Meeting of Shareholders, the Board of Directors and the Board of Commissioners. Then regarding the dissolution of the company, the dissolution of the Company must be followed by liquidation. Meanwhile, liquidation is carried out by the liquidator or curator either based on the decision of the General Meeting of Shareholders or a court decision. This study aims to analyze the powers and responsibilities of a Notary concerning the liquidation process of a Limited Liability Company in Indonesia. The research method used is normative, using secondary data obtained from library research, including primary, secondary, and tertiary legal sources. The authority of a notary is to make a deed of the minutes of the first and second General Meeting of Shareholders and draw up a deed of dissolution of a limited liability company. The responsibilities of a notary in the liquidation of a limited liability company are regarding the responsibility for the deed he made and the civil, administrative, and criminal responsibilities. There are three processes. The first is the General Meeting Shareholders regarding the approval of the dissolution and the appointment of a liquidator. Second, namely the General Meeting of Shareholders agenda of approval of the liquidator’s report and the granting of release and discharge of the liquidator’s responsibilities. Finally, namely the making of a deed of dissolution of the company by a Notary.
公证员是一名公职人员,其职责和权力与做出真实的行为有关,在这种情况下,是做出行为和解散有限责任公司。有限责任公司是一种由股份组成的企业实体。有限责任公司的设立必须符合法律、法规规定的条件。公司机构必须存在于公司内部,包括公司机构、股东大会、董事会和监事会。那么关于公司解散,公司解散后必须进行清算。同时,清算是由清算人或管理人根据股东大会的决定或法院的判决进行的。本研究旨在分析印度尼西亚有限责任公司清算过程中公证员的权力和责任。使用的研究方法是规范的,使用从图书馆研究中获得的二手数据,包括初级,二级和三级法律来源。公证员的权限是将第一届和第二届股东大会的会议记录做成契据,并起草有限责任公司解散契据。公证员在有限责任公司清算中的责任是对其所作的契约负责以及民事、行政和刑事责任。有三个过程。第一个是股东大会,关于批准解散和任命清算人。第二,即股东大会议程,批准清算人的报告,并授予清算人的解除和履行职责。最后,即由公证人签发公司解散证书。
{"title":"Authority and Responsibilities of a Notary Regarding the Liquidation Process of a Limited Liability Company in the Republic of Indonesia","authors":"Ruko ., S. ., R. Bintoro","doi":"10.21564/2414-990x.160.269422","DOIUrl":"https://doi.org/10.21564/2414-990x.160.269422","url":null,"abstract":"A notary is a public official who has duties and authorities related to making an authentic deed, in this case, the making of an act and the dissolution of a limited liability company. A limited liability company is a type of business entity consisting of shares. The establishment of a Limited Liability Company must meet the requirements specified in the laws and regulations. The Company's organs must exist within the Company, including the Company's organs, the General Meeting of Shareholders, the Board of Directors and the Board of Commissioners. Then regarding the dissolution of the company, the dissolution of the Company must be followed by liquidation. Meanwhile, liquidation is carried out by the liquidator or curator either based on the decision of the General Meeting of Shareholders or a court decision. This study aims to analyze the powers and responsibilities of a Notary concerning the liquidation process of a Limited Liability Company in Indonesia. The research method used is normative, using secondary data obtained from library research, including primary, secondary, and tertiary legal sources. The authority of a notary is to make a deed of the minutes of the first and second General Meeting of Shareholders and draw up a deed of dissolution of a limited liability company. The responsibilities of a notary in the liquidation of a limited liability company are regarding the responsibility for the deed he made and the civil, administrative, and criminal responsibilities. There are three processes. The first is the General Meeting Shareholders regarding the approval of the dissolution and the appointment of a liquidator. Second, namely the General Meeting of Shareholders agenda of approval of the liquidator’s report and the granting of release and discharge of the liquidator’s responsibilities. Finally, namely the making of a deed of dissolution of the company by a Notary.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129212111","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}
引用次数: 0
Europeanization of Legal Culture: an Exploratory Essay 法律文化的欧洲化:一篇探索性论文
Pub Date : 2023-03-30 DOI: 10.21564/2414-990x.160.273873
V. Lomaka
The concept of «legal culture» has been the subject of academic legal research over the past half century. It has attracted special attention in the postmodern research field, which is more interested in overcoming the limits of positivist legal analysis and is much better prepared for the challenges of interdisciplinarity. The concept of «legal culture», despite its inherent vagueness, is valued in the academic environment for its ability to broaden and deepen the understanding of national and regional legal systems and their components, to act, on the one hand, as evidence of legal uniformity and, on the other hand, of cultural difference, to emphasize legal identity and postulate the legal identity of individual human communities. The perception of law in its cultural determination takes researchers beyond the scope of exclusively legal texts and makes them sensitive to different models of legal thinking, assumptions, behavior and practices inherent in certain human communities. The concept of «legal culture» emphasizes the specific cultural ties that underlie a particular legal community. The obvious advantage of highlighting the legal and cultural uniformity of a certain group is its integrative functions: legal systems (subnational, national, integration or international) based on different legal concepts, rules, institutions and procedures can be linked at the legal and cultural level. The importance of legal and cultural analysis stems not only from the recognition of the existence of different levels of legal and cultural unity, but also from the need to observe the legal and cultural dynamics that exist within and between different legal cultures. This is due to the fact that legal culture can be constructed, deconstructed and reconstructed, and has a significant potential for evolution. The borders of legal culture are usually open to change (the process of Europeanization proves the validity of this conclusion), although this process is not fast and difficult to recognize as easily controlled. Legal traditions, as the core of national legal cultures, have undergone significant changes since the Second World War under the influence of modernization, industrialization, globalization and regional integration. The success of European legal integration and the process of European unification as a whole depends not only on artificial, top-down, harmonized or unified legislation, but also on the success of the process of forming a common European legal culture as a result of the Europeanization of 27 national legal cultures and, in particular, national professional legal cultures. In order for a meaningful and truly unified European legal order to be formed, it must be based on a European legal culture. Effective legal Europeanization directly depends, first, on the formation and perception by the societies of all 27 Member States of a system of common values, principles, ideas, ideals, models of legal argumentation, doctrines, theories, con
在过去的半个世纪里,“法律文化”的概念一直是法学学术研究的主题。它在后现代研究领域引起了特别的关注,后现代研究领域更感兴趣的是克服实证主义法律分析的局限性,并为跨学科的挑战做好了更好的准备。“法律文化”的概念,尽管其固有的模糊性,在学术环境中受到重视,因为它能够扩大和加深对国家和地区法律制度及其组成部分的理解,一方面作为法律统一性的证据,另一方面作为文化差异的证据,强调法律身份并假设个人人类社区的法律身份。对法律的文化决定的认识使研究人员超越了专门的法律文本的范围,并使他们对某些人类社会固有的法律思维、假设、行为和实践的不同模式敏感。“法律文化”的概念强调构成特定法律共同体的特定文化纽带。突出某一群体的法律和文化统一性的明显优势是其综合功能:基于不同法律概念、规则、制度和程序的法律制度(地方、国家、综合或国际)可以在法律和文化层面上联系起来。法律和文化分析的重要性不仅源于承认存在不同层次的法律和文化统一性,而且源于观察不同法律文化内部和之间存在的法律和文化动态的需要。这是因为法律文化可以被建构、解构和重构,并且具有巨大的进化潜力。法律文化的边界通常是可以改变的(欧洲化的过程证明了这一结论的有效性),尽管这一过程并不快,也难以识别为容易控制。第二次世界大战以来,在现代化、工业化、全球化和区域一体化的影响下,作为国家法律文化核心的法律传统发生了重大变化。欧洲法律一体化和欧洲整体统一进程的成功,不仅取决于人为的、自上而下的、协调的或统一的立法,而且取决于27个国家的法律文化,特别是各国的专业法律文化欧洲化的结果,形成欧洲共同法律文化的过程的成功。为了形成一个有意义和真正统一的欧洲法律秩序,它必须建立在欧洲法律文化的基础上。有效的法律欧洲化,首先直接取决于所有27个成员国的社会对共同价值、原则、思想、理想、法律论证模式、学说、理论、概念、行为和实践的形成和认识;第二,充分遵守欧盟法律的原则,在成员国的法律体系中直接适用欧盟法律,通过国家立法与欧盟法律规定的协调,以及通过正式的司法协调。欧盟法律的有效和平等适用直接取决于欧洲司法文化的形成。
{"title":"Europeanization of Legal Culture: an Exploratory Essay","authors":"V. Lomaka","doi":"10.21564/2414-990x.160.273873","DOIUrl":"https://doi.org/10.21564/2414-990x.160.273873","url":null,"abstract":"The concept of «legal culture» has been the subject of academic legal research over the past half century. It has attracted special attention in the postmodern research field, which is more interested in overcoming the limits of positivist legal analysis and is much better prepared for the challenges of interdisciplinarity. The concept of «legal culture», despite its inherent vagueness, is valued in the academic environment for its ability to broaden and deepen the understanding of national and regional legal systems and their components, to act, on the one hand, as evidence of legal uniformity and, on the other hand, of cultural difference, to emphasize legal identity and postulate the legal identity of individual human communities. The perception of law in its cultural determination takes researchers beyond the scope of exclusively legal texts and makes them sensitive to different models of legal thinking, assumptions, behavior and practices inherent in certain human communities. The concept of «legal culture» emphasizes the specific cultural ties that underlie a particular legal community. The obvious advantage of highlighting the legal and cultural uniformity of a certain group is its integrative functions: legal systems (subnational, national, integration or international) based on different legal concepts, rules, institutions and procedures can be linked at the legal and cultural level. The importance of legal and cultural analysis stems not only from the recognition of the existence of different levels of legal and cultural unity, but also from the need to observe the legal and cultural dynamics that exist within and between different legal cultures. This is due to the fact that legal culture can be constructed, deconstructed and reconstructed, and has a significant potential for evolution. The borders of legal culture are usually open to change (the process of Europeanization proves the validity of this conclusion), although this process is not fast and difficult to recognize as easily controlled. Legal traditions, as the core of national legal cultures, have undergone significant changes since the Second World War under the influence of modernization, industrialization, globalization and regional integration. The success of European legal integration and the process of European unification as a whole depends not only on artificial, top-down, harmonized or unified legislation, but also on the success of the process of forming a common European legal culture as a result of the Europeanization of 27 national legal cultures and, in particular, national professional legal cultures. In order for a meaningful and truly unified European legal order to be formed, it must be based on a European legal culture. Effective legal Europeanization directly depends, first, on the formation and perception by the societies of all 27 Member States of a system of common values, principles, ideas, ideals, models of legal argumentation, doctrines, theories, con","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123472638","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}
引用次数: 0
Peculiarities of Аpplication of the Institution of Exemption from Liability to Administrative Offenses in the Field of Road Safety, Recorded Automatically 道路安全领域行政违法责任免责制度Аpplication的特点,自动记录
Pub Date : 2023-03-30 DOI: 10.21564/2414-990x.160.275719
I. Georgiievskyi, V. Spasenko, M. Bielikova
The article analyzes the current state of administrative and legal regulation of the institute of exemption from liability for minor administrative offenses. The author notes that there are a number of problematic aspects of application of the Code of Ukraine on Administrative Offenses (hereinafter – CUAO) in the area under study, which is explained by the uncertainty of the legal nature of minority of an administrative offense. The lack of legislative definition of the term "minority offense", the criteria for distinguishing such an act from others, and the lack of regulation of misdemeanors which fall under the signs of minority cause problems of a law enforcement nature. The purpose of the article is to determine the shortcomings of the legal regulation of the procedure for exempting a person from responsibility for committing an administrative offense recorded in the automatic mode, due to the insignificance of the offense and formulating proposals for improving the current legislation in this area. In order to achieve the specified goal, the authors  analyzes the legislation which regulates the procedure for dismissal of offenders referred to in Art. 14-2 of the CUAO in the field of road traffic safety. As a result, it has been established that despite the additional enshrinement of exceptional grounds for exemption from liability in Article 279-3 of the CUAO, the above category of persons is in a more unfavorable position than other subjects of administrative offenses. Although the general ground for exemption from administrative liability set out in Article 22 of the CUAO, which is the insignificance of an act, does not contain any restrictions on its application to automatically recorded offenses, the impossibility of its implementation is due to the specifics of the provisions of Articles 33, 268, 280 of the CUAO. The author formulates proposals for improving the legal regulation of application of Article 22 of the CUAO to offenses in this area, which will form the basis for further developments.
本文分析了我国行政轻罪免责制度的行政规制现状和法律规制现状。发件人指出,在所研究的地区适用《乌克兰行政犯罪法》(以下简称《乌克兰行政犯罪法》)存在若干问题,其原因是行政犯罪人的法律性质不确定。由于缺乏对“少数人犯罪”一词的立法定义,缺乏将这种行为与其他行为区分开来的标准,以及缺乏对属于少数人的轻罪行为的管制,这些都造成了执法性质的问题。本文的目的是确定自动模式记录的行政违法行为的责任免除程序在法律规制方面存在的不足,因为该违法行为的重要性不高,并提出完善这方面立法的建议。为了实现这一特定目标,作者分析了道路交通安全领域中规定《交通安全法》第14-2条所述违规者解雇程序的立法。因此,可以确定的是,尽管《中华人民共和国民事诉讼法》第279-3条额外规定了免除责任的例外理由,但上述一类人比其他行政违法主体处于更不利的地位。虽然《行政诉讼法》第22条规定的行政责任免除的一般理由,即行为的微不足道,对其适用于自动记录的违法行为没有任何限制,但其不可能实施是由于《行政诉讼法》第33条、第268条、第280条规定的特殊性。作者提出了完善《中华人民共和国民事诉讼法》第22条适用于该领域犯罪的法律规制的建议,为今后的发展奠定基础。
{"title":"Peculiarities of Аpplication of the Institution of Exemption from Liability to Administrative Offenses in the Field of Road Safety, Recorded Automatically","authors":"I. Georgiievskyi, V. Spasenko, M. Bielikova","doi":"10.21564/2414-990x.160.275719","DOIUrl":"https://doi.org/10.21564/2414-990x.160.275719","url":null,"abstract":"The article analyzes the current state of administrative and legal regulation of the institute of exemption from liability for minor administrative offenses. The author notes that there are a number of problematic aspects of application of the Code of Ukraine on Administrative Offenses (hereinafter – CUAO) in the area under study, which is explained by the uncertainty of the legal nature of minority of an administrative offense. The lack of legislative definition of the term \"minority offense\", the criteria for distinguishing such an act from others, and the lack of regulation of misdemeanors which fall under the signs of minority cause problems of a law enforcement nature. The purpose of the article is to determine the shortcomings of the legal regulation of the procedure for exempting a person from responsibility for committing an administrative offense recorded in the automatic mode, due to the insignificance of the offense and formulating proposals for improving the current legislation in this area. In order to achieve the specified goal, the authors  analyzes the legislation which regulates the procedure for dismissal of offenders referred to in Art. 14-2 of the CUAO in the field of road traffic safety. As a result, it has been established that despite the additional enshrinement of exceptional grounds for exemption from liability in Article 279-3 of the CUAO, the above category of persons is in a more unfavorable position than other subjects of administrative offenses. Although the general ground for exemption from administrative liability set out in Article 22 of the CUAO, which is the insignificance of an act, does not contain any restrictions on its application to automatically recorded offenses, the impossibility of its implementation is due to the specifics of the provisions of Articles 33, 268, 280 of the CUAO. The author formulates proposals for improving the legal regulation of application of Article 22 of the CUAO to offenses in this area, which will form the basis for further developments.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125092042","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}
引用次数: 0
The Role of the Notary when Making a Canceled Purchase Agreement Deed in Court (Review of Articles 15 and 16 of the Indonesian Notary Law) 公证员在法庭上作出被取消的购买协议契约时的作用(对《印度尼西亚公证法》第15和16条的审查)
Pub Date : 2023-03-30 DOI: 10.21564/2414-990x.160.270276
Danang Hani Prasetyo, Tri Prihatinah, S. .
A notary deed is an authentic deed drawn up by or before a notary according to the form and procedure stipulated in Law Number 2 of 2014 concerning the Office of a Notary. Article 15 of the law on the position of a notary regulates the authority of a notary, and Article 16 of the law on the position of a notary regulates the obligations of a notary. In carrying out these powers and obligations, a role is required in the form of a series of actions that are supportive in carrying out the duties of a notary in accordance with his position if the Notary does not play a role in causing the deed to be canceled, as in the Supreme Court Decision No. 535 PK/Pdt/2017 (1) the cancellation was due to an imbalance between what was written in the sale and purchase agreement deed and the facts of the parties. The decision of the Surabaya District Court (2) stated that the deed made by a notary was valid according to legal provisions. In contrast, the decision of the Surabaya High Court (3) stated that the deed was legally flawed. The decision of the Supreme Court (4) at the cassation and review level upheld the decision. This study analyzes the juridical factors that cause the deed of sale and purchase agreement made before a notary to be void based on a court decision and analyzes the role of the Notary in making a sale and purchase agreement deed. The research method used is normative juridical, using secondary data obtained from literature studies, including primary, secondary, and tertiary legal sources. The juridical factor that caused the cancellation of the sale and purchases agreement deed by the Notary, according to the Supreme Court's decision upholding the high court's decision, was because the plaintiff of the convention could prove the argument for his lawsuit regarding bilyet giro not for land payment in the sale and purchase agreement deed but for the sale and purchase of scrap metal where the plaintiff (seller) is an intermediary in buying and selling scrap metal. The Notary has yet to play a role in making the sale and purchase agreement deed, which resulted in the sale and purchase agreement deed being canceled based on a court decision. The problem is caused by the Notary not carrying out roles, such as providing legal counseling in connection with doing the deed as stipulated in the notary position law Article 15 paragraph (2) letter (e), carrying out the task carefully as stipulated in Article 16 paragraph (1) letter a, Reading the deed before the parties attended by at least 2 (two) witnesses as referred to in Article 16 paragraph (1) letter (m).
公证书是由公证人或在公证人面前根据2014年关于公证处的第2号法律规定的格式和程序起草的真实契据。公证法第15条规定了公证员的权限,公证员职务法第16条规定了公证员的义务。开展这些权力和义务,一个角色是必需的一系列动作的形式支持开展公证的职责依照他的位置如果公证没有发挥作用导致行为被取消,在最高法院的判决535号PK / Pdt / 2017(1)取消是由于之间的不平衡是什么写在买卖合约行为和当事人的事实。泗水地方法院(2)的判决表明,根据法律规定,公证人所做的契约是有效的。相比之下,泗水高等法院(Surabaya High Court)的判决则认为该契约存在法律缺陷。最高法院(4)在上诉和复审层面的决定维持了这一决定。本研究分析了在公证人面前订立的买卖协议契据因法院判决而无效的法律因素,并分析了公证人在订立买卖协议契据中的作用。使用的研究方法是规范法律,使用从文献研究中获得的二手数据,包括初级,二级和三级法律来源。根据最高法院支持高等法院判决的判决,导致公证员撤销买卖协议契据的法律因素是,公约原告可以证明其诉讼的论据,即买卖协议契据中的bilyet giro不是用于土地支付,而是用于买卖废金属,其中原告(卖方)是买卖废金属的中介。由于公证人未能在买卖契约中发挥作用,导致买卖契约根据法院判决被撤销。问题是由公证员不履行职责引起的,例如,按照公证员职务法第15条第(2)款(e)项的规定提供与办理契约有关的法律咨询,按照第16条第(1)款(a)项的规定认真执行任务,按照第16条第(1)款(m)项的规定,在当事人面前由至少2(2)名证人出席的情况下阅读契约。
{"title":"The Role of the Notary when Making a Canceled Purchase Agreement Deed in Court (Review of Articles 15 and 16 of the Indonesian Notary Law)","authors":"Danang Hani Prasetyo, Tri Prihatinah, S. .","doi":"10.21564/2414-990x.160.270276","DOIUrl":"https://doi.org/10.21564/2414-990x.160.270276","url":null,"abstract":"A notary deed is an authentic deed drawn up by or before a notary according to the form and procedure stipulated in Law Number 2 of 2014 concerning the Office of a Notary. Article 15 of the law on the position of a notary regulates the authority of a notary, and Article 16 of the law on the position of a notary regulates the obligations of a notary. In carrying out these powers and obligations, a role is required in the form of a series of actions that are supportive in carrying out the duties of a notary in accordance with his position if the Notary does not play a role in causing the deed to be canceled, as in the Supreme Court Decision No. 535 PK/Pdt/2017 (1) the cancellation was due to an imbalance between what was written in the sale and purchase agreement deed and the facts of the parties. The decision of the Surabaya District Court (2) stated that the deed made by a notary was valid according to legal provisions. In contrast, the decision of the Surabaya High Court (3) stated that the deed was legally flawed. The decision of the Supreme Court (4) at the cassation and review level upheld the decision. This study analyzes the juridical factors that cause the deed of sale and purchase agreement made before a notary to be void based on a court decision and analyzes the role of the Notary in making a sale and purchase agreement deed. The research method used is normative juridical, using secondary data obtained from literature studies, including primary, secondary, and tertiary legal sources. The juridical factor that caused the cancellation of the sale and purchases agreement deed by the Notary, according to the Supreme Court's decision upholding the high court's decision, was because the plaintiff of the convention could prove the argument for his lawsuit regarding bilyet giro not for land payment in the sale and purchase agreement deed but for the sale and purchase of scrap metal where the plaintiff (seller) is an intermediary in buying and selling scrap metal. The Notary has yet to play a role in making the sale and purchase agreement deed, which resulted in the sale and purchase agreement deed being canceled based on a court decision. The problem is caused by the Notary not carrying out roles, such as providing legal counseling in connection with doing the deed as stipulated in the notary position law Article 15 paragraph (2) letter (e), carrying out the task carefully as stipulated in Article 16 paragraph (1) letter a, Reading the deed before the parties attended by at least 2 (two) witnesses as referred to in Article 16 paragraph (1) letter (m).","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114831309","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}
引用次数: 0
Judicial Impartiality in Civil Proceedings: Case Law of the European Court of Human Rights and Selected Cases of the Supreme Court 民事诉讼中的司法公正:欧洲人权法院的判例法和最高法院的精选案例
Pub Date : 2023-03-30 DOI: 10.21564/2414-990x.160.273808
T. Tsuvina
The article addresses the issue of judicial impartiality in civil procedure, which is relevant from theoretical and practical perspectives. The purpose of the article is to highlight the main approaches to judicial impartiality as an integral part of the right to a fair trial in terms of the paragraph 1Article 6 of the European Convention of Human Rights, as well as to analyze the Supreme Court's practice for compliance with the approaches to the interpretation of judicial impartiality developed in the case-law of the European Court of Human Rights. In the article the author uses general philosophical, general scientific and special research methods, in particular, dialectical, system-structural, logical and comparative legal methods, method of analysis and synthesis. The judicial impartiality is an integral element of the rule of law and the right to a fair trial. The European Convention on Human Rights and the case-law of the European Court of Human Rights played a key role in the development of international standards of judicial impartiality within the European region. The European Court of Human Rights developed a dual approach to judicial impartiality, distinguishing between subjective and objective impartiality. An additional approach to verifying the impartiality of the court in the case law of the European Court of Human Rights is to distinguish between functional and personal impartiality. The analysis of the Supreme Court practice shows that the latter has not fully accepted the approaches to judicial impartiality developed by the of the European Court of Human Rights. The article analyzes certain cases of the Supreme Court, in which, in the author's opinion, the Supreme Court incorrectly applied the case-law of the European Court of Human Rights in order to motivate its decisions. In addition, special attention is paid to the problem of the possibility of judicial disqualification on the grounds of the performance/non-performance of certain procedural powers by a judge. The article can be interesting for legal scholars and practitioners, PhD students and students of law universities.
本文从理论和实践两方面探讨了民事诉讼中的司法公正问题。本文的目的是强调司法公正作为《欧洲人权公约》第6条第1款规定的公平审判权的组成部分的主要途径,并分析最高法院遵循欧洲人权法院判例法中对司法公正的解释途径的做法。在本文中,作者运用了一般的哲学方法、一般的科学方法和特殊的研究方法,特别是辩证法、系统结构法、逻辑法和比较法,以及分析和综合的方法。司法公正是法治和公正审判权的重要组成部分。《欧洲人权公约》和欧洲人权法院的判例法在制定欧洲区域内司法公正的国际标准方面发挥了关键作用。欧洲人权法院制定了司法公正的双重方针,区分主观公正和客观公正。在欧洲人权法院的判例法中核查法院公正性的另一种办法是区分职务公正性和个人公正性。对最高法院实践的分析表明,最高法院并没有完全接受欧洲人权法院制定的司法公正的方法。本文分析了最高法院的某些案例,作者认为,在这些案例中,最高法院错误地适用了欧洲人权法院的判例法,以促使其作出决定。此外,还特别注意法官因行使/不行使某些程序性权力而丧失司法资格的可能性问题。这篇文章对于法律学者和从业者,博士生和法律大学的学生来说可能很有趣。
{"title":"Judicial Impartiality in Civil Proceedings: Case Law of the European Court of Human Rights and Selected Cases of the Supreme Court","authors":"T. Tsuvina","doi":"10.21564/2414-990x.160.273808","DOIUrl":"https://doi.org/10.21564/2414-990x.160.273808","url":null,"abstract":"The article addresses the issue of judicial impartiality in civil procedure, which is relevant from theoretical and practical perspectives. The purpose of the article is to highlight the main approaches to judicial impartiality as an integral part of the right to a fair trial in terms of the paragraph 1Article 6 of the European Convention of Human Rights, as well as to analyze the Supreme Court's practice for compliance with the approaches to the interpretation of judicial impartiality developed in the case-law of the European Court of Human Rights. In the article the author uses general philosophical, general scientific and special research methods, in particular, dialectical, system-structural, logical and comparative legal methods, method of analysis and synthesis. The judicial impartiality is an integral element of the rule of law and the right to a fair trial. The European Convention on Human Rights and the case-law of the European Court of Human Rights played a key role in the development of international standards of judicial impartiality within the European region. The European Court of Human Rights developed a dual approach to judicial impartiality, distinguishing between subjective and objective impartiality. An additional approach to verifying the impartiality of the court in the case law of the European Court of Human Rights is to distinguish between functional and personal impartiality. The analysis of the Supreme Court practice shows that the latter has not fully accepted the approaches to judicial impartiality developed by the of the European Court of Human Rights. The article analyzes certain cases of the Supreme Court, in which, in the author's opinion, the Supreme Court incorrectly applied the case-law of the European Court of Human Rights in order to motivate its decisions. In addition, special attention is paid to the problem of the possibility of judicial disqualification on the grounds of the performance/non-performance of certain procedural powers by a judge. The article can be interesting for legal scholars and practitioners, PhD students and students of law universities.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114871916","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}
引用次数: 0
Validity of Land Rights Transfer Based on Debt with Collateral of Land Certificate under Indonesian Law 印尼法律下以土地证为抵押的债务为基础的土地权转让的有效性
Pub Date : 2023-03-30 DOI: 10.21564/2414-990x.160.269672
Bima Setoaji, S. ., S. Kunarti
Debt agreement with land certificate guarantee, the accesoir agreement is a guarantee agreement by way of installation of Mortgage which then for repayment if there is negligence / default, an auction is carried out as regulated in Law Number 4 of 1996 concerning Mortgage but in this case it is actually used as a sale and purchase between debtors and creditors. This may cancel the registration of the transfer of land rights that has been carried out by the Purchaser who was previously the Creditor Party. This study uses a normative juridical research method and uses a statutory approach, a conceptual approach, and a case approach. The data sources used are secondary data sources with primary legal sources, secondary legal sources, and tertiary legal sources. Data analysis in this study is a qualitative analysis method with deductive reasoning logic.The results obtained are that the Deed of Sale and Purchase of land rights based on debts and receivables is considered invalid because it is a form of simulation agreement, which is a continuation of accounts payable which if the collateral is a plot of land then it should be the installation of Mortgage Rights. This is based on Article 1131 of the Indonesian Civil Code and the rules contained in Law Number 4 of 1996 concerning Mortgage Rights. Another thing that happened was that the making of the Sale and Purchase Deed was based on the Sale and Purchase Agreement Deed and the Power of Attorney to Sell which contained legal defects so that it affected its validity. The cancellation of land rights can be carried out by means of an application through the Head of the Regency/City Land Office which is then forwarded to the Head of the Provincial Regional Office as described in Article 125-130 of the Regulation of the State Minister of Agrarian Affairs/Head of the National Land Agency Number 9 of 1999 concerning Procedures for Granting and Cancellation of State Land Rights and Management Rights which are the Implementing Regulations of Government Regulations Number 24 of 1997 concerning Land Registration.
带有土地证担保的债务协议,获得权协议是一种通过安装抵押的担保协议,如果出现疏忽/违约,则按照1996年关于抵押的第4号法律的规定进行拍卖,但在这种情况下,拍卖实际上被用作债务人和债权人之间的买卖。这可能会取消由买方(以前是债权人)进行的土地权利转让登记。本研究采用了规范的司法研究方法,并采用了法定方法、概念方法和案例方法。使用的数据源是二级数据源,包括一级法律来源、二级法律来源和三级法律来源。本研究的数据分析是一种采用演绎推理逻辑的定性分析方法。获得的结果是,基于债务和应收账款的土地权利买卖契约被认为是无效的,因为它是一种模拟协议的形式,这是应付账款的延续,如果抵押品是一块土地,那么它应该是抵押权利的安装。这是根据《印度尼西亚民法典》第1131条和1996年关于抵押权的第4号法律所载规则制定的。发生的另一件事是买卖契约的制定是基于买卖协议契约和出售授权书,其中包含法律缺陷,因此影响了其有效性。土地权利的取消可以通过由县政府/城市土地办公室负责人提出申请的方式进行,然后按照1999年国家农业部长/国家土地机构负责人第9号条例第125-130条的规定转交给省区域办公室负责人,该条例涉及国家土地权利和管理权的授予和取消程序,这是政府条例的实施条例海事处布告1997年第24号,有关土地注册。
{"title":"Validity of Land Rights Transfer Based on Debt with Collateral of Land Certificate under Indonesian Law","authors":"Bima Setoaji, S. ., S. Kunarti","doi":"10.21564/2414-990x.160.269672","DOIUrl":"https://doi.org/10.21564/2414-990x.160.269672","url":null,"abstract":"Debt agreement with land certificate guarantee, the accesoir agreement is a guarantee agreement by way of installation of Mortgage which then for repayment if there is negligence / default, an auction is carried out as regulated in Law Number 4 of 1996 concerning Mortgage but in this case it is actually used as a sale and purchase between debtors and creditors. This may cancel the registration of the transfer of land rights that has been carried out by the Purchaser who was previously the Creditor Party. This study uses a normative juridical research method and uses a statutory approach, a conceptual approach, and a case approach. The data sources used are secondary data sources with primary legal sources, secondary legal sources, and tertiary legal sources. Data analysis in this study is a qualitative analysis method with deductive reasoning logic.The results obtained are that the Deed of Sale and Purchase of land rights based on debts and receivables is considered invalid because it is a form of simulation agreement, which is a continuation of accounts payable which if the collateral is a plot of land then it should be the installation of Mortgage Rights. This is based on Article 1131 of the Indonesian Civil Code and the rules contained in Law Number 4 of 1996 concerning Mortgage Rights. Another thing that happened was that the making of the Sale and Purchase Deed was based on the Sale and Purchase Agreement Deed and the Power of Attorney to Sell which contained legal defects so that it affected its validity. The cancellation of land rights can be carried out by means of an application through the Head of the Regency/City Land Office which is then forwarded to the Head of the Provincial Regional Office as described in Article 125-130 of the Regulation of the State Minister of Agrarian Affairs/Head of the National Land Agency Number 9 of 1999 concerning Procedures for Granting and Cancellation of State Land Rights and Management Rights which are the Implementing Regulations of Government Regulations Number 24 of 1997 concerning Land Registration.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121361286","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}
引用次数: 0
Legal Framework for the Protection of Ukrainian Refugees: A Comparative Study 乌克兰难民保护的法律框架:比较研究
Pub Date : 2023-03-30 DOI: 10.21564/2414-990x.160.272931
I. Malanchuk
The article focuses on the issue of Ukrainian refugees who have been forced to flee abroad due to the ongoing conflict in Ukraine, and the complex and challenging legal framework for their protection. The study reviews relevant literature and previous studies on the legal framework for the protection of refugees, with a particular focus on the situation of Ukrainian refugees. The methodology for this article includes a comprehensive analysis of the existing legal instruments and frameworks that are applicable to refugees, including the 1951 Convention Relating to the Status of Refugees and the Temporary Protection Directive. The study aims to contribute to the ongoing discussion on the legal protection of Ukrainian refugees by providing a detailed analysis of the legal framework and identifying specific areas in need of improvement. The objective of the study is to further examine the legal framework for the protection of Ukrainian refugees and to identify ways in which the current system can be improved to better protect this vulnerable population.
这篇文章的重点是由于乌克兰持续的冲突而被迫逃往国外的乌克兰难民问题,以及保护他们的复杂和具有挑战性的法律框架。该研究审查了有关文献和以前关于保护难民的法律框架的研究,特别侧重于乌克兰难民的情况。本文的方法包括对适用于难民的现有法律文书和框架的全面分析,包括1951年《关于难民地位的公约》和《临时保护指令》。这项研究的目的是通过详细分析法律框架和确定需要改进的具体领域,促进正在进行的关于乌克兰难民法律保护的讨论。这项研究的目的是进一步审查保护乌克兰难民的法律框架,并确定可以改进现行制度的方法,以更好地保护这一弱势群体。
{"title":"Legal Framework for the Protection of Ukrainian Refugees: A Comparative Study","authors":"I. Malanchuk","doi":"10.21564/2414-990x.160.272931","DOIUrl":"https://doi.org/10.21564/2414-990x.160.272931","url":null,"abstract":"The article focuses on the issue of Ukrainian refugees who have been forced to flee abroad due to the ongoing conflict in Ukraine, and the complex and challenging legal framework for their protection. The study reviews relevant literature and previous studies on the legal framework for the protection of refugees, with a particular focus on the situation of Ukrainian refugees. The methodology for this article includes a comprehensive analysis of the existing legal instruments and frameworks that are applicable to refugees, including the 1951 Convention Relating to the Status of Refugees and the Temporary Protection Directive. The study aims to contribute to the ongoing discussion on the legal protection of Ukrainian refugees by providing a detailed analysis of the legal framework and identifying specific areas in need of improvement. The objective of the study is to further examine the legal framework for the protection of Ukrainian refugees and to identify ways in which the current system can be improved to better protect this vulnerable population.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"82 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131203295","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}
引用次数: 1
Formation of Market Foundations of Health Care Organization in Ukraine (Commercial Legal Aspect) 乌克兰医疗机构市场基础的形成(商业法律方面)
Pub Date : 2023-03-30 DOI: 10.21564/2414-990x.160.272738
Dmitry Zadykhaylo, A. Savchenko
In the article were analyzed the state and prospects of further medical reform in Ukraine. The authors set themselves the goal of conducting a study of the essence of health care reform, and during this process advantages and disadvantages of implemented changes in this area were characterized. The importance of this study lies in the fact that human health and life are recognized at the constitutional level as the highest price, and therefore their protection requires special attention from the state. Promoting the development of health care system improve the quality of life of the population, which in the future will have a positive effect on the economic development of the country. Four main directions of the reform were developed in the work, such as improving the quality of medical services, optimizing the financing of the health care system, improving the management system, and changes in the pharmaceutical sector. An important achievement of the reform is the introduction of the medical services market, which has its own specific features and base on the principle of free competition and financial transparency. The article focuses on the legal regulation of public relations in the field of health care. Legislative provision of this is considered from the point of view of creating a competitive market for medical services, which is opposed to the administrative model of ensuring citizens' health care. The institutional nature of the organization of such market with relevant entities providing services competing with each other is emphasized; medical service in its commodity-value aspect; introduction of the principle of consumer choice of medical service and the entity that provides it; creation of a special state agency that pays the cost of the provided medical service to the relevant subject of medical activity for the benefit of the beneficiary-consumer, who chose this particular subject. Accordingly, the driving force of the market is recognized  the actual medical economic activity. Taking into account the above, the article, based on the analysis of the relevant legal acts, concludes that relations in the field of health care have been transformed in the direction of the economic and legal nature of their regulation. This is evidenced by the use of stable constructions of economic law, namely: economic activity; non-commercial management; communal non-commercial enterprise; state regulation of economic activity; subject of organizational and economic powers, etc. The continuation of scientific researches on this issue will contribute to the further development of the national health sector, including by improving the public management of this component of the national economy.
本文分析了乌克兰进一步医疗改革的现状和前景。作者的目标是研究医疗改革的本质,并在此过程中对该领域实施的改革的利弊进行了表征。这项研究的重要性在于,宪法承认人的健康和生命是最高的代价,因此,对它们的保护需要国家给予特别关注。促进医疗保健体系的发展,提高了人口的生活质量,这在未来将对国家的经济发展产生积极的影响。工作中提出了提高医疗服务质量、优化医疗卫生体制融资、完善管理体制、推进医药体制改革等四个主要改革方向。改革的一项重要成果是引入了医疗服务市场,该市场有其自身的特点,并以自由竞争和财务透明的原则为基础。本文主要探讨医疗卫生领域公共关系的法律规制问题。这方面的立法规定是从创造医疗服务竞争市场的角度考虑的,这与确保公民保健的行政模式相反。强调提供服务的相关主体之间相互竞争的市场组织的制度性;医疗服务的商品价值分析介绍消费者选择医疗服务的原则和提供医疗服务的实体;设立一个专门的国家机构,向有关医疗活动主体支付所提供医疗服务的费用,以造福选择这一特定主体的受益消费者。因此,市场的驱动力是公认的实际医疗经济活动。考虑到上述情况,该条在对相关法律行为进行分析的基础上得出结论,保健领域的关系已朝着其管理的经济和法律性质的方向转变。经济法稳定结构的使用证明了这一点,即:经济活动;非商业管理;公共非商业企业;国家对经济活动的调控;主体的组织和经济权力等。继续对这一问题进行科学研究将有助于国家卫生部门的进一步发展,包括改善对国民经济这一组成部分的公共管理。
{"title":"Formation of Market Foundations of Health Care Organization in Ukraine (Commercial Legal Aspect)","authors":"Dmitry Zadykhaylo, A. Savchenko","doi":"10.21564/2414-990x.160.272738","DOIUrl":"https://doi.org/10.21564/2414-990x.160.272738","url":null,"abstract":"In the article were analyzed the state and prospects of further medical reform in Ukraine. The authors set themselves the goal of conducting a study of the essence of health care reform, and during this process advantages and disadvantages of implemented changes in this area were characterized. The importance of this study lies in the fact that human health and life are recognized at the constitutional level as the highest price, and therefore their protection requires special attention from the state. Promoting the development of health care system improve the quality of life of the population, which in the future will have a positive effect on the economic development of the country. Four main directions of the reform were developed in the work, such as improving the quality of medical services, optimizing the financing of the health care system, improving the management system, and changes in the pharmaceutical sector. An important achievement of the reform is the introduction of the medical services market, which has its own specific features and base on the principle of free competition and financial transparency. The article focuses on the legal regulation of public relations in the field of health care. Legislative provision of this is considered from the point of view of creating a competitive market for medical services, which is opposed to the administrative model of ensuring citizens' health care. The institutional nature of the organization of such market with relevant entities providing services competing with each other is emphasized; medical service in its commodity-value aspect; introduction of the principle of consumer choice of medical service and the entity that provides it; creation of a special state agency that pays the cost of the provided medical service to the relevant subject of medical activity for the benefit of the beneficiary-consumer, who chose this particular subject. Accordingly, the driving force of the market is recognized  the actual medical economic activity. Taking into account the above, the article, based on the analysis of the relevant legal acts, concludes that relations in the field of health care have been transformed in the direction of the economic and legal nature of their regulation. This is evidenced by the use of stable constructions of economic law, namely: economic activity; non-commercial management; communal non-commercial enterprise; state regulation of economic activity; subject of organizational and economic powers, etc. The continuation of scientific researches on this issue will contribute to the further development of the national health sector, including by improving the public management of this component of the national economy.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128991983","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}
引用次数: 0
期刊
Problems of Legality
全部 Acc. Chem. Res. ACS Applied Bio Materials ACS Appl. Electron. Mater. ACS Appl. Energy Mater. ACS Appl. Mater. Interfaces ACS Appl. Nano Mater. ACS Appl. Polym. Mater. ACS BIOMATER-SCI ENG ACS Catal. ACS Cent. Sci. ACS Chem. Biol. ACS Chemical Health & Safety ACS Chem. Neurosci. ACS Comb. Sci. ACS Earth Space Chem. ACS Energy Lett. ACS Infect. Dis. ACS Macro Lett. ACS Mater. Lett. ACS Med. Chem. Lett. ACS Nano ACS Omega ACS Photonics ACS Sens. ACS Sustainable Chem. Eng. ACS Synth. Biol. Anal. Chem. BIOCHEMISTRY-US Bioconjugate Chem. BIOMACROMOLECULES Chem. Res. Toxicol. Chem. Rev. Chem. Mater. CRYST GROWTH DES ENERG FUEL Environ. Sci. Technol. Environ. Sci. Technol. Lett. Eur. J. Inorg. Chem. IND ENG CHEM RES Inorg. Chem. J. Agric. Food. Chem. J. Chem. Eng. Data J. Chem. Educ. J. Chem. Inf. Model. J. Chem. Theory Comput. J. Med. Chem. J. Nat. Prod. J PROTEOME RES J. Am. Chem. Soc. LANGMUIR MACROMOLECULES Mol. Pharmaceutics Nano Lett. Org. Lett. ORG PROCESS RES DEV ORGANOMETALLICS J. Org. Chem. J. Phys. Chem. J. Phys. Chem. A J. Phys. Chem. B J. Phys. Chem. C J. Phys. Chem. Lett. Analyst Anal. Methods Biomater. Sci. Catal. Sci. Technol. Chem. Commun. Chem. Soc. Rev. CHEM EDUC RES PRACT CRYSTENGCOMM Dalton Trans. Energy Environ. Sci. ENVIRON SCI-NANO ENVIRON SCI-PROC IMP ENVIRON SCI-WAT RES Faraday Discuss. Food Funct. Green Chem. Inorg. Chem. Front. Integr. Biol. J. Anal. At. Spectrom. J. Mater. Chem. A J. Mater. Chem. B J. Mater. Chem. C Lab Chip Mater. Chem. Front. Mater. Horiz. MEDCHEMCOMM Metallomics Mol. Biosyst. Mol. Syst. Des. Eng. Nanoscale Nanoscale Horiz. Nat. Prod. Rep. New J. Chem. Org. Biomol. Chem. Org. Chem. Front. PHOTOCH PHOTOBIO SCI PCCP Polym. Chem.
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1