(the Legal Model of Economic Concentration in the Russian Legislation)

2016 ◽  
Author(s):  
Maria A. Egorova
Keyword(s):  
Legal Model ◽  
Economic Concentration

Investigating judge as a new figure in the Kyrgyz Republic criminal procedure

2020 ◽  
Vol 2020 (3) ◽  
pp. 140-147
Author(s):  
Sof'ya Shestakova ◽  
Uulzhan Imanalieva
Keyword(s):  
Criminal Procedure ◽  
Comparative Perspective ◽  
Kyrgyz Republic ◽  
Trial Procedure ◽  
Judicial Control ◽  
Legal Model ◽  
Integral Element ◽  
The Right ◽  
Conceptual Foundations ◽  
Former Soviet Republics

The article iis devoted to the research of the institution of investigative judge introduced into the criminal procedure of the Kyrgyz Republic in 2019. The authors analyze the conceptual foundations of this institution, its procedural significance, as well as the legal model under Kyrgyz legislation in its comparative perspective with the legislation of Germany and some former Soviet republics. Two main achievements: the organizational and functional isolation of an investigating judge during the criminal procedure and granting them the power of deposition are seen by the authors as advantages of the Kyrgyz model of the institution of an investigative judge. The former is aimed at guaranteeing the objectivity, impartiality and neutrality of the judge considering the case on the merits, who is discharged judicial control in pre-trial procedure nowadays. The latter is aimed at implementing for the prosecution and defense the right to be equal parties of procedural opportunities to participate in evidence as an integral element of the adversarial principle.

The Impact of High-Speed Rail on the Spatial Structure of Chinese Urban Agglomerations

2020 ◽  
Vol 46 (3) ◽  
pp. 379-397
Author(s):  
Chunyang Wang
Keyword(s):  
High Speed ◽  
River Delta ◽  
City Size ◽  
High Speed Rail ◽  
Local Conditions ◽  
Urban Agglomerations ◽  
Large Cities ◽  
Spatial Systems ◽  
Economic Concentration ◽  
The Impact

This paper measures the spatial evolution of urban agglomerations to understand be er the impact of high-speed rail (HSR) construction, based on panel data from fi ve major urban agglomerations in China for the period 2004–2015. It is found that there are signi ficant regional diff erences of HSR impacts. The construction of HSR has promoted population and economic diff usion in two advanced urban agglomerations, namely the Yang e River Delta and Pearl River Delta, while promoting population and economic concentration in two relatively less advanced urban agglomerations, e.g. the middle reaches of the Yang e River and Chengdu–Chongqing. In terms of city size, HSR promotes the economic proliferation of large cities and the economic concentration of small and medium-sized cities along its routes. HSR networking has provided a new impetus for restructuring urban spatial systems. Every region should optimize the industrial division with strategic functions of urban agglomeration according to local conditions and accelerate the construction of inter-city intra-regional transport network to maximize the eff ects of high-speed rail across a large regional territory.

Reversing Financialization

2018 ◽  
Author(s):  
Simon Deakin
Keyword(s):  
Corporate Governance ◽  
Corporate Strategy ◽  
Negative Impact ◽  
Focal Point ◽  
Employee Voice ◽  
Board Structure ◽  
Shareholder Primacy ◽  
Financial Interests ◽  
Legal Model ◽  
Legislative Framework

The debate over corporate governance is skewed by the common misunderstanding that shareholders are the owners of companies, and are entitled to have them run in their interest. The legal model of the firm is more nuanced, seeing the corporation as a complex entity characterized by co-operation between the suppliers of capital and labour, with a co-ordinating role for management. The elevation of shareholder primacy as a focal point for corporate strategy over recent decades is the result of government deferring to financial interests in the making of rules governing takeovers and board structure. Reversing financialization, and the negative impact it is having on social cohesion and innovation, will require a new legislative framework for corporate governance, with a greater role for employee voice and a reorientation of investment priorities.

scholarly journals The Impact of the Church–State Model for an Effective Guarantee of Religious Freedom: A Study of the Peruvian Experience during the COVID-19 Pandemic

Laws ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 40
Author(s):  
Susana Mosquera
Keyword(s):  
Religious Freedom ◽  
Current Crisis ◽  
Dual Nature ◽  
Legal Model ◽  
The Individual ◽  
The Right ◽  
Institutional Guarantee ◽  
The Impact ◽  
Individual Dimension ◽  
The Church

During the COVID-19 pandemic, many governments established important restrictions on religious freedom. Due to a restrictive interpretation of the right to religious freedom, religion was placed in the category of “non-essential activity” and was, therefore, unprotected. Within this framework, this paper tries to offer a reflection on the relevance of the dual nature of religious freedom as an individual and collective right, since the current crisis has made it clear that the individual dimension of religious freedom is vulnerable when the legal model does not offer an adequate institutional guarantee to the collective dimension of religious freedom.

A Global Socio-economic-medico-legal Model for the Sustainability of Longitudinal Electronic Health Records

2006 ◽  
Vol 45 (03) ◽  
pp. 240-245 ◽  
Author(s):  
A. Shabo
Keyword(s):  
Electronic Health Records ◽  
Healthcare Providers ◽  
Financial Assets ◽  
Healthcare Organizations ◽  
Health Records ◽  
Record Keeping ◽  
Proposed Model ◽  
Legal Model ◽  
Electronic Health

Summary Objectives: This paper pursues the challenge of sustaining lifetime electronic health records (EHRs) based on a comprehensive socio-economic-medico-legal model. The notion of a lifetime EHR extends the emerging concept of a longitudinal and cross-institutional EHR and is invaluable information for increasing patient safety and quality of care. Methods: The challenge is how to compile and sustain a coherent EHR across the lifetime of an individual. Several existing and hypothetical models are described, analyzed and compared in an attempt to suggest a preferred approach. Results: The vision is that lifetime EHRs should be sustained by new players in the healthcare arena, who will function as independent health record banks (IHRBs). Multiple competing IHRBs would be established and regulated following preemptive legislation. They should be neither owned by healthcare providers nor by health insurer/payers or government agencies. The new legislation should also stipulate that the records located in these banks be considered the medico-legal copies of an individual’s records, and that healthcare providers no longer serve as the legal record keepers. Conclusions: The proposed model is not centered on any of the current players in the field; instead, it is focussed on the objective service of sustaining individual EHRs, much like financial banks maintain and manage financial assets. This revolutionary structure provides two main benefits: 1) Healthcare organizations will be able to cut the costs of long-term record keeping, and 2) healthcare providers will be able to provide better care based on the availability of a lifelong EHR of their new patients.

Voting Trusts and Antitrust: Rethinking the Role of Shareholder Litigation in Public Regulation, from the 1880s to the 1930s

2021 ◽  
Vol 39 (3) ◽  
pp. 569-600
Author(s):  
Naomi R. Lamoreaux ◽  
Laura Phillips Sawyer
Keyword(s):  
Nineteenth Century ◽  
Federal Government ◽  
Competition Policy ◽  
State Legislatures ◽  
Antitrust Policy ◽  
Minority Shareholders ◽  
Public Regulation ◽  
Economic Concentration ◽  
Over Time

Scholars have long recognized that the states’ authority to charter corporations bolstered their antitrust powers in ways that were not available to the federal government. Our paper contributes to this literature by focusing attention on the relevance for competition policy of lawsuits brought by minority shareholders against their own companies, especially lawsuits challenging voting trusts. Historically judges had been reluctant to intervene in corporations’ internal affairs and had been wary of the potential for opportunism in shareholders’ derivative suits. By the end of the nineteenth century, however, they had begun to revise their views and see shareholders as useful allies in the struggle against monopoly. Although the balance between judges’ suspicion of and support for shareholders’ activism shifted back and forth over time, in the end the lawsuits provoked state legislatures to strengthen antitrust policy by making devices like voting trusts unsuitable for purposes of economic concentration.

The Practice of Courts in Administrative Cases Arising from Control and Supervisory Relations in the Field of Antimonopoly Control (Analytical Review)

2020 ◽  
Vol 12 ◽  
pp. 75-91
Author(s):  
К. А. Pisenkо ◽  
Keyword(s):  
Law Enforcement ◽  
Analytical Review ◽  
Economic Concentration ◽  
Supervisory Relations

This review based on a scientific and practical study of the practice of courts in cases arising from the control of economic concentration, focuses on the current problems of law enforcement in the implementation of antimonopoly control and supervision activities and offers directions and approaches to improving law enforcement practice.

Economic analysis of the firm’s boundaries and the limits of competition: The case of Nord Stream 2 AG

2021 ◽  
pp. 134-151
Author(s):  
S. B. Avdasheva ◽  
G. F. Yusupova
Keyword(s):  
Price Discrimination ◽  
Joint Venture ◽  
Competition Law ◽  
Competition Authority ◽  
Gas Market ◽  
Infrastructure Investments ◽  
Nord Stream ◽  
Economic Concentration ◽  
Legal Concepts ◽  
Available Information

Using publicly available information, the article examines the economic concepts, which underlie the arguments of the decision of Polish competition authority UOKiK in relation to the participants of the Nord Stream 2. It explains the interrelation between economic and legal concepts, which are to be applied to interpret the competitive impact of joint venture and probable theory of harm for infrastructure investments under competition law of European Union, including in comparison with Russian competition law. It has been demonstrated that the resolution of a consortium case should be based on the proof of two statements. The first statement implies that the joint venture is a firm (and therefore the creation of a joint venture is a deal leading to economic concentration). The second statement means that despite Gazprom adopted the commitments about decision of the European Commission and trends in the development of the European gas market, the possibility of price discrimination is retained. Discussion and contestation of the decision against PJSC Gazprom testify in favor of maintaining the relevance of institutional studies and studies of industry markets for resolving legal disputes arising from the application of competition law.

On the concept of “execution of a contract” within the framework of state control over economic concentration

2021 ◽  
pp. 28-35
Author(s):  
E. V. Vinchkovskiy
Keyword(s):  
State Control ◽  
Business Entities ◽  
Economic Concentration ◽  
Relationship Of ◽  
The Relationship

The article analyzes the concept of “execution of a contract” subject to state control over economic concentration. Questions were raised about the relationship of this term with such legal constructions as the conclusion of an agreement, the fulfillment of an obligation, and the execution of an order. Based on the results of considering various types of contracts, the departmental approach in understanding the execution of a contract as the fulfillment of an obligation is critically assessed. Conclusions are made about the need to develop a differentiated approach to reduce the administrative risks of business entities.

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