Juridical Persons as Economic Operators

2016 ◽  
Vol 4 (5) ◽  
pp. 0-0
Author(s):  
Владимир Андреев ◽  
Vladimir Andryeyev
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Corporate Law ◽  
Entrepreneurial Activity ◽  
Legal Capacity ◽  
Economic Activities ◽  
Non Profit ◽  
Non Profit Organizations

The article reviews the issues of carrying out economic activities by juridical persons, their participation in civil-law transactions. The article touches upon the issues of carrying out business activities by non-profit organizations. The article investigates the problem of legal capacity of juridical persons, competencies of their bodies and the nature of juridical persons. The author considers the issues of performance of juridical persons’ civil obligations by their employees. The author concludes that the civil legislation regulates three groups of relations (activities): property and personal nonproperty relations, entrepreneurial activity and corporate relations. These separate legislative bodies represent accordingly the civil, entrepreneurial and corporate law. Thus, the Civil Code and the civil legislation embody three separate branches of law.

scholarly journals Non-Profit Organizations as Subjects of Administrative Law

Lex Russica ◽  
2019 ◽  
pp. 51-61
Author(s):  
P. E. Spiridonov
Keyword(s):  
Public Administration ◽  
Legal Status ◽  
Civil Law ◽  
Administrative Law ◽  
The State ◽  
Legal Capacity ◽  
Legal Form ◽  
Non Profit ◽  
Non Profit Organizations

The article considers the role of non-profit organizations in the system of public administration and focuses on the peculiarities of their administrative and legal status. The author highlights an increasing role of nonprofit organizations in the system of public administration, as it is connected with the evolution of the mechanism of public administration, its decentralization and attempts to use the mechanisms of self-organization. Due to the possibility of delegation of a number of public powers by the state to non-profit organizations, it is concluded that the composition of the participants with powers in the system of public administration has changed. By involving non-profit organizations in the system of public administration, the State pursues the goal of reducing the “visible” role of the State in various spheres of economy and a political sphere. Due to the transfer of certain public powers of the State to non-profit organizations, such organizations will combine different aspects of the legal nature of the organizations, in particular the intertwined civil law status and the administrative law status, since the same normative legal acts are used without taking into account the peculiarities of legal relations in which the relevant types of non-profit organizations participate. The difference between the legal status, the legal status of a non-profit organization as a participant of administrative legal relations and a non-profit organization as a participant of civil law relations is that in civil law a non-profit organization is considered as an organizational and legal form of a legal entity — a participant of transactions and relations regulated by civil law; under administrative law and in administrative-procedural relations it is treated as a form of implementation of public rights of citizens in the sphere of public administration, certain public powers of the State in the sphere of public administration. Attention is drawn to the duality of the legal status of non-profit organizations, that is associated, among other things, with different moments of their legal personality. The moment of emergence of capacity under administrative law and legal capacity differs from the similar moment of emergence capacity under civil law and legal capacity.

Economic Activity of Non-Commercial Organizations and Its Civil-Law Ensuring

2016 ◽  
Vol 4 (1) ◽  
pp. 0-0
Author(s):  
Татьяна Сойфер ◽  
Tatyana Soyfyer
Keyword(s):  
Market Economy ◽  
Economic Activity ◽  
Civil Law ◽  
Civil Code ◽  
Non Profit ◽  
Fundamental Possibility ◽  
Commercial Organizations ◽  
Relationship Of ◽  
The Relationship ◽  
Methods Of Operation

The article is considered some aspects of economic activity of non-commercial organizations. The author notes that updated norms of the Russian Civil code not fully take into account economic principles of operation non-commercial organizations in conditions of market economy. That is why the desired effects from their work in Russia are not received. Particular attention is paid to the analysis of the relationship of legal categories “income-generating activity of non-commercial organizations” and “entrepreneurship activity of non-commercial organizations”. Author came to a conclusion that this categories have various economic essences. The income-generating activity for the non-profit organizations may have different characters, including as the main. Consequently the author indicates the need for a differentiated approach in determining the fundamental possibility and valid frames of implementation the income-generating activity for the non-commercial organizations. The article proposes to distinguish groups of non-profit legal entities and give them any special opportunities in the implementation of income-generating activity. These opportunities depend on the purposes of the organizations and the chosen methods of operation.

scholarly journals Zdolność do wyrażenia zgody na zabieg przez pacjenta a zdolność do czynności prawnych

2018 ◽  
Vol 22 ◽  
pp. 121-136
Author(s):  
Katarzyna Klimas
Keyword(s):  
Medical Treatment ◽  
Civil Law ◽  
Civil Code ◽  
Patient Rights ◽  
Legal Capacity ◽  
The Status ◽  
Detailed Assessment

THE ABILITY OF A PATIENT TO CONSERT TO MEDICAL TREATMENT AND THE ABILITY TO CIVIL ACTIONSThis article is devoted to the analysis of the relation between the institution of the ability to civil actions established by the provisions of the Civil Code and the patient’s consent provided by the Patient Rights and Patient Rights Act, as well as the Act on Doctor and Dentist Professions. The work aim is to make a detailed assessment of the status of a patient equipped with full legal capacity, deprived of this ability and having restricted legal capacity, to present discrepancies between the norms regulating the subjective conditions for effective legal actions under civil law and the provisions that determine the rules for granting consent for medical treatment.

scholarly journals ENTREPRENEURIAL ACTIVITY OF INDIVIDUALS AND LEGAL ENTITIES IN THE RUSSIAN FEDERATION

2018 ◽  
Vol 6 ◽  
pp. 448-453
Author(s):  
Tatyana Skvortsova ◽  
Аnna Nikitina ◽  
Mustafa Ansari ◽  
Margarita Tertyshnikova
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Entrepreneurial Activity ◽  
Non Profit ◽  
The Russian Federation ◽  
Income Generating Activities ◽  
Non Profit Organizations ◽  
Business Entities ◽  
Entrepreneurial Activities ◽  
Legal Entities

Entrepreneurial activity is pursued by large, medium and small business entities which can be introduced by individuals – individual entrepreneurs and legal entities – commercial and non-profit organizations. The entrepreneurial activity of these entities is regulated by the rules of law which may cause problems in law enforcement resulting in the improvement of legal regulation. The article provides a review of some legal regulation issues of entrepreneurial activities of non-profit organizations, the analysis of peculiarities of economic activity exercised by these organizations and covers the problems of differentiation between entrepreneurial and non-entrepreneurial activities that individuals are engaged in. The authors analyze the problem of relations between the concepts of "entrepreneurial activity" and "income-generating activities" which requires a solution by means of elaborating a strategy for existing legislation improvement to prevent situations that violate the rights and legal interests of entities in the sphere of entrepreneurial activity.

Lo status del concepito nell’ordinamento giuridico polacco

2008 ◽  
Vol 57 (5) ◽  
Author(s):  
Joanna Haberko ◽  
Marina Casini
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Fundamental Rights ◽  
Human Being ◽  
Legal Capacity ◽  
New Born ◽  
Physical Integrity ◽  
Reform Project ◽  
The Status ◽  
Code Reform

Il contributo si addentra nell’ordinamento giuridico polacco per capire qual è lo statuto dell’essere umano non ancora nato. Ne esce un affresco interessante in cui all’esame del diritto costituzionale segue l’analisi del diritto penale e del diritto civile. Il quadro è complessivamente uniforme nel riconoscere il concepito come essere umano titolare dei diritti personalissimi e fondamentali alla vita, alla salute e all’integrità fisica, tuttavia non mancano contraddizioni e lacune che l’interpretazione dottrinale tenta di superare senza, però, riuscirci completamente. Al prospettato progetto di riforma del Codice civile avviato negli ultimi mesi è, appunto, affidato il compito di colmare le lacune e di superare le contraddizioni. L’aspetto più significativo riguarda la modifica del Codice civile per riconoscere la capacità giuridica del concepito per quanto riguarda i beni personali (vita, salute, integrità fisica), restando subordinata alla nascita la capacità giuridica per i diritti patrimoniali. Infine, l’articolo si sofferma brevemente sulla Petizione europea per la vita e la dignità dell’uomo a cui il Movimento per la vita polacco ha dato, e sta offrendo, un rilevante contributo. ---------- The contribution probes the Polish legal system to understand which is the status of the human being not yet born. An interesting fresco goes out in which the analysis of the criminal and civil law follows the analysis of the constitutional law. The picture is on the whole uniform in recognizing new born as a human being owner of the personal and fundamental rights to life, health and physical integrity, nevertheless there are contradictions and gaps, that the doctrinal interpretation is trying to overcome without, however, succeeding completely. The task of filling gaps and overcoming contradictions is just so committed to the Civil code reform project which began over the last few months. The most meaningful aspect concerns the change of the Civil code to recognize the legal capacity of new born with regards to the personal goods (life, health, physical integrity), legal capacity staying subordinate to the birth with regards to the patrimonial rights. Finally, the article dwells in short upon the European Petition for life and human dignity to which the Polish Movement for life has provided, and it is offering, a remarkable contribution.

Fusion of the Associations and Foundations Set Up on the Basis of OG 26/2000

2016 ◽  
Vol 22 (2) ◽  
pp. 298-302
Author(s):  
Andra Maria Brezniceanu
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Practical Approach ◽  
Optimal Solutions ◽  
Non Profit ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Set Up

AbstractFusion of associations and foundations is an institution scarcely ruled by the Romanian legislation, compelling the most of cases the practice to fall back on to legal dispositions regarding the commercial companies, mainly due to the lack of legislation or a clear practice that does not allow ambiguity. In fact, the only regulations regarding these institutions are provided by the art. 33 – 34 index 1 from OG 26/2000 and art. 234 – 239 from the Civil Code, settlements that do not answer to the dynamics of the non-governmental organizations, that weight more and more in the Romanian society. Thereby, it is difficult for us to answer how to transfer the assets and liabilities (on the fusion and split up date or thereafter), at the possibility as that an association fuses with a foundation or that a foundation splits up in many associations, even that by clearance the patrimony of an association may be transferred to a foundation or that of a foundation to an non-profit association. Therefore we consider that a practical approach is compulsory for this subject with regard the completion of legislative lacks in this field, by reporting to juridical norms and the principles of the civil law as well in order to identify the optimal solutions in these cases.

scholarly journals ROLE AND SIGNIFICANCE OF INCOME OF PUBLIC INSTITUTIONS IN CIVIL AND BUDGETARY LEGISLATION OF THE KYRGYZ REPUBLIC

THE BULLETIN ◽  
2021 ◽  
Vol 3 (391) ◽  
pp. 139-147
Author(s):  
Ch.I. Arabaev ◽  
Sh.D. Ryskulov ◽  
K.S. Zhylkichieva
Keyword(s):  
Historical Analysis ◽  
Civil Code ◽  
The State ◽  
Kyrgyz Republic ◽  
State Budget ◽  
Non Profit ◽  
State Institutions ◽  
Non Profit Organizations ◽  
The Government ◽  
Legal Entities

The article analyzes using the normative and systematic methods, as well as analysis and synthesis, the content of the statements of the Civil Code of the Kyrgyz Republic, the Budget Code of the Kyrgyz Republic, the Laws of the Kyrgyz Republic "On State and Municipal Services", "On Non-Profit Organizations", "On Basic Principles of Budget Law", Regulations "On Special Funds and Deposit Amounts of Institutions on the State Budget of the Kyrgyz Republic" 1998 and 2000, approved by the Government of the Kyrgyz Republic, as well as other acts of this body and Model Civil Code of the Commonwealth of Independent States, as well as practice the application and improvement of these acts and the works of legal scholars, in addition, the judicial practice of the Supreme Court of the Kyrgyz Republic related to the subject of the research was studied, the data of the Accounts Chamber of the Kyrgyz Republic on audit of annual republican budgets were analyzed. The article reveals essence of state institutions of the Kyrgyz Republic as legal entities, their role and significance, place in the system of non-profit organizations. Particular attention is paid to the trends in the theory of public legal entities. The authors conduct historical analysis of existence of the state institutions of the Kyrgyz Republic. The revenues of this institutions, ratio of the norms of civil and budgetary legislation in the regulation of activities of institutions, which generate income, are investigated, and importance of legislation on public services in the regulation of the provision of paid services is revealed. Importance of special funds as a source of profitable activity is considered. Comparative analysis of the norms of the budgetary and civil legislation governing activities of the state institutions with income has been carried out.

scholarly journals Non-Profit Organizations: Legislation Reform And Law Enforcement Practice

2020 ◽  
Vol 02 (10) ◽  
pp. 129-134
Author(s):  
Anvar Akhrorkulov ◽  
Keyword(s):  
Law Enforcement ◽  
Civil Code ◽  
Non Profit ◽  
Non Profit Organizations ◽  
The Republic

Article deals with the current legislation on non-profit organizations, legal extent of activities of these organizations, wide involvement of non-profit organizations in civil affairs, issues of further improvement of law enforcement practice through the implementation of proposals on changes in the Civil Code of the Republic of Uzbekistan.

Basic Principles Of Citizenship Of The Republic Of Uzbekistan: Constitutional And Legal Analysis

2020 ◽  
Vol 02 (10) ◽  
pp. 123-128
Author(s):  
Jakhangir Yuldashev ◽  
Keyword(s):  
Law Enforcement ◽  
Civil Code ◽  
Legal Analysis ◽  
Basic Principles ◽  
Non Profit ◽  
Non Profit Organizations ◽  
The Republic

Article deals with the current legislation on non-profit organizations, legal extent of activities of these organizations, wide involvement of non-profit organizations in civil affairs, issues of further improvement of law enforcement practice through the implementation of proposals on changes in the Civil Code of the Republic of Uzbekistan.

scholarly journals Methods And Forms of Teaching of the Right To Information by Shareholders in the Digital Economy

2019 ◽  
Vol 8 (7) ◽  
pp. 138
Author(s):  
Aleksey I. Ovchinnikov ◽  
Yana B. Getman ◽  
Irina V. Kolesnik ◽  
Veronika V. Kolesnik ◽  
Natalia A. Boyko
Keyword(s):  
Civil Law ◽  
Corporate Law ◽  
Private Law ◽  
Economic Activities ◽  
Scientific Publications ◽  
Legal Rules ◽  
Judicial Practice ◽  
Negative Role ◽  
Right To Information ◽  
The Right

Joint stock issues, i.e. legal rules governing relations within commercial corporations, attract special attention of researchers of private law, corporate law in particular. A large number of internal corporate contradictions plays a negative role in the economic and economic activities of joint-stock companies. This fact affects the growth in the number of scientific publications on the issues of shareholder relations between their participants in terms of compliance with the civil law prohibition of Teaching of the right. It also has an impact on judicial practice: more and more often, the courts use the term “Teaching of law” to analyze existing conflicts in corporate law.

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