scholarly journals Regulation of advocacy profession: global trends

2021 ◽  
Vol 39 (69) ◽  
pp. 689-706
Author(s):  
Tetiana Vilchyk ◽  
Alla Sokolova ◽  
Tetiana Demchyna
Keyword(s):  
Self Regulation ◽  
Legal Profession ◽  
The United States ◽  
Legal Regulation ◽  
International Standards ◽  
Global Trends ◽  
Scientific Methods ◽  
General Scientific ◽  
Different Sources ◽  
Regulatory Models

The objective of the article is to analyze the regulation of the legal profession and its global trends. There are many different types of regulators globally, and many different sources and methods of regulation. There is no simple approach to setting goals for regulating the legal profession in different legal systems. Although self-regulation of the legal profession is considered the basis for adhering to the standard of its independence, at the same time, academics recognize the existence of the theory of the management of the legal profession. To study these problems, the authors conducted a comparative study of the regulatory models of the legal profession in the world in terms of compliance with international standards of legal independence in different legal jurisdictions and made some suggestions to improve the legal regulation of the legal profession in Ukraine. Empirical sources for scientific research were international documents, court decisions, national legislation of Great Britain, Canada, the United States, Ireland, Scotland, Australia and others, and the work of scientists. The article uses general scientific methods - dialectic, analysis, synthesis, analogy, etc., and special methods, particularly legal, historical, and formal comparative law.

scholarly journals Psychological Rehabilitation During a Coronavirus pandemic. Legal Aspects

2021 ◽  
Vol 64 (3) ◽  
pp. 238-241
Author(s):  
Olena O. Terzi ◽  
Igor Z. Gladchuk ◽  
Igor V. Shpak
Keyword(s):  
Medical Training ◽  
Legal Regulation ◽  
Legal Aspects ◽  
International Standards ◽  
Scientific Methods ◽  
Legal Method ◽  
Special Scientific ◽  
General Scientific ◽  
Psychological Assistance ◽  
Practical Recommendations

Aim: To analyse the legal regulation of the provision of psychological assistance during the coronavirus pandemic. materials and methods: The research methods were chosen with the aim of the study in mind. In order to establish objectivity and validity of scientific provisions, conclusions, during the research, a set of general scientific and special scientific methods was used, in particular such as: (1) the formal legal method was used to analyse the legal and ethical foundations for providing psychological assistance during the coronavirus pandemic; (2) using the comparative legal method, the approaches of national legislation and international standards to the provision of psychological assistance during the COVID-19 pandemic were clarified; (3) the forecasting and modeling method was used to develop practical recommendations regarding the importance of analyzing the legal regulation of the provision of psychological assistance during the coronavirus pandemic and others in the future; (4) the method of systems analysis made it possible to study the legal regulation of the provision of psychological assistance during the coronavirus pandemic; (5) the historical and legal method made it possible to identify the features of the evolution of legal regulation of the provision of psychological assistance during pandemics. Conclusions: The COVID-19 pandemic has exacerbated existing health deficiencies, including a shortage of psychologists. States should initiate medical training programs, including for psychologists and psychotherapists. It should be noted that psychological assistance during a coronavirus pandemic should be based on the following principles: accessibility; continuity; focus; interdisciplinary; educational nature of interventions.

scholarly journals Russian experience of using digital technologies and legal risks of AI

2020 ◽  
Vol 224 ◽  
pp. 03005
Author(s):  
Elena Trikoz ◽  
Elena Gulyaeva ◽  
Konstantin Belyaev
Keyword(s):  
Personal Data ◽  
Digital Technologies ◽  
Legal Regulation ◽  
International Standards ◽  
Practical Implementation ◽  
Scientific Methods ◽  
Legal Provisions ◽  
Legal Risks ◽  
Analysis And Synthesis ◽  
General Scientific

The aim of the present article is to analyze the Russian experience of using digital technologies in law and legal risks of artificial intelligence (AI). The result of the present research is the author’s conclusion on the necessity of the practical implementation of legal provisions in this area, and their judicial enforcement in federal subjects with the aim of compliance with international standards of human rights. The authors concluded that in the Russian Federation, there is no normative and technical regulation of the process of destruction of personal data, which creates serious problems for operators. The research methodology based on general scientific and private scientific methods of cognition (the dialectical method, methods of analysis and synthesis, deduction and induction, comparative legal and historical legal methods). Moreover, the range of legislative and law enforcement problems in the field of using AI technology is very extensive. For this reason, the authors of the article used the methodology for collecting data on legislative acts and legal regulation in the field under research. A number of federal and regional legal acts were analyzed using systemic-structural and formal-dogmatic methods, including the research of their practical orientation and effectiveness for modern challenges.

scholarly journals MARKET OF JUDICIAL REPRESENTATION: FROM THE EXPERIENCE OF THE CONTINENTAL AND ANGLO-SAXON LEGAL TRADITIONS

2017 ◽  
Vol 3 (4) ◽  
pp. 43-51
Author(s):  
Виктор Момотов ◽  
Viktor Momotov
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Legal Services ◽  
Global Trends ◽  
Scientific Methods ◽  
Legal Traditions ◽  
Legal Context ◽  
General Scientific ◽  
The Russian Federation ◽  
Professional Representation

In most developed legal order a stable and significant market of judicial representation was formed. Despite the fact that representation of the interests of citizens and organizations in courts on a commercial basis in our country is widespread, the Russian Federation is still on the way of forming such a market. The most significant influence on the formation of the judicial representation market is provided by the legal regulation of this procedural and legal institution: it can both facilitate and prevent the development of this segment of the economy. Unfortunately, there are no studies that consider the regulation of judicial representation in a comparative legal context from the standpoint of a balance between economic efficiency and fairness. The purpose of this study is to identify global trends in the regulation of judicial representation in its economic aspect, the evaluation of such regulation in Russian law and the proposal for ways to improve it. The objectives of the study are the analysis of the institution of “judicial investment”, the study of the trend of professionalization of judicial representation, as well as consideration of the problem of “honorariums of success”. To achieve the goals and objectives of the study, system-structural, comparative-legal, historico-systemic and statistical methods, as well as general scientific methods of induction and deduction are applied. Based on the results of the study, taking into account the current Russian legislation, as well as global trends in the development of the judicial representation market, suggestions are made about the expediency of developing in the Russian Federation an institute for investing in litigation, as well as for introducing mandatory professional representation in courts and reviewing the actual prohibition of inclusion in treaties on Provision of legal services conditions on the “honorarium of success”.

Global Trends in the Political Economy of Smart Grids

2017 ◽  
Author(s):  
Cherrelle Eid ◽  
Rudi Hakvoort ◽  
Martin de Jong
Keyword(s):  
Smart Grid ◽  
Smart Grids ◽  
The United States ◽  
Industry Structure ◽  
Electricity Sector ◽  
Distributed Energy ◽  
Global Trends ◽  
Political Economic ◽  
Regulatory Models ◽  
Global Transition

The global transition towards sustainable, secure, and affordable electricity supply is driving changes in the consumption, production, and transportation of electricity. This chapter provides an overview of three main causes of political–economic tensions with smart grids in the United States, Europe, and China, namely industry structure, regulatory models, and the impact of energy policy. In all cases, the developments are motivated by the possible improvements in reliability and affordability yielded by smart grids, while sustainability of the electricity sector is not a central motivation. A holistic smart grid vision would open up possibilities for better integration of distributed energy resources. The authors recommend that smart grid investments should remain outside of the regulatory framework for utilities and distribution service operators in order to allow for such developments.

Comparative analysis of normative legal acts on the execution of criminal penalties in the initial stage of the formation of the Russian state for the implementation of equality principle before the law

2021 ◽  
pp. 752-765
Author(s):  
Nikolai S. Kovalev
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Equal Rights ◽  
Scientific Methods ◽  
Soviet State ◽  
Labor Legislation ◽  
Initial Stage ◽  
Russian State ◽  
General Scientific ◽  
The Law

The object of the study is the implementation of equality principle before the law by fixing equal rights and obligations of prisoners in the normative legal acts of the Soviet state. The subject of research: provisions of normative legal acts of the Provisional Government, departmental normative acts of the People’s Commissariat of Justice of the RSFSR and People’s Commissariat for Internal Affairs of the RSFSR. As a methodological basis for cognition, general scientific methods of analysis, synthesis, induction, de-duction are used, which allow us to investigate aspects of legal reality directly related to the implementation of the principles of penal enforcement (correctional labor) legislation, to formulate reasonable conclusions. Private scientific methods: formal-legal and comparative-legal – allow us to identify differences in the legal regulation of the legal status of prisoners in the pre-war period. As a result of the conducted research, we make a reasonable conclusion that the principle of equality before the law, although it was not enshrined in specific norms regulating the procedure for the execution and serving of imprisonment, however, was manifested in the provisions regulating the legal status of persons deprived of liberty. The notions of equality before the law of both citizens in general and prisoners in particular were not the fundamental basis of the legislation of the Soviet State. Prisoners were differentiated on the basis of social affiliation, due to: 1) the principle of class approach proclaimed by the Constitution of the RSFSR; 2) the functioning of two systems of places of deprivation of liberty for prisoners with different social status; 3) regulating the execution (serving) of sentences in the form of deprivation of liberty by various regulatory legal acts.

scholarly journals JURISDICTION OF APPLICATIONS FOR THE REVISION OF JUDICIAL ACTS ON NEWLY DISCOVERED OR NEW CIRCUMSTANCES AND THE PROCEDURAL AND LEGAL CONSEQUENCES OF ITS VIOLATION

2020 ◽  
Vol 24 (4) ◽  
pp. 1141-1168
Author(s):  
Safura T. Bagylly ◽  
Larisa N. Pavlova
Keyword(s):  
Legal Regulation ◽  
Court Decisions ◽  
Unified Approach ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Scientific Analysis ◽  
Domestic Legislation ◽  
General Scientific ◽  
Administrative Proceedings ◽  
Legal Consequences

The article deals with the problematic items of choosing a court competent to review court decisions that have entered into legal force on newly discovered or new circumstances in civil and administrative proceedings. The aim of the authors is to conduct a study of the legal regulation of the jurisdiction of applications for review. The methodological basis of the article was formed by general scientific (analysis, analogy, description, synthesis, and systemic approach) and particular scientific methods (historical-legal, comparative-legal, and formal-legal). A retrospective analysis of legal acts of domestic legislation has been carried out. According to the results of the study, difficulties relate to interpreting and applying the existing rules on determining the appropriate instance for revision. Based on the analysis of the judicial practice of courts of general jurisdiction and arbitral courts, the authors come to the conclusion that there is no unified approach of the courts in determining the procedural and legal consequences of violations of the rules of jurisdiction. The conclusion summarizes proposals for improving the current legislation to eliminate ambiguities and achieve uniformity in judicial practice.

scholarly journals Synergy of Family Business and Social Entrepreneurship: Problems of Law, Economics and Technology Development

2021 ◽  
Vol 110 ◽  
pp. 01016
Author(s):  
Anatoly N. Levushkin ◽  
Yana S. Grishina ◽  
Olga G. Bartkova ◽  
Tatyana V. Savina
Keyword(s):  
Family Business ◽  
Social Entrepreneurship ◽  
New Technologies ◽  
Technology Development ◽  
Legal Regulation ◽  
Economic Activities ◽  
Scientific Methods ◽  
Economic Relations ◽  
Family Enterprise ◽  
General Scientific

During the economic instability, crisis processes in economic relations, and the growing prospects of a new “step” of the global economic crisis, theoretical and applied research in the field of legal support for strengthening and supporting economic development, small and medium-sized businesses, and digital technologies in the Russian Federation plays a great role. The purpose of the study: A legal study of the current legislation in order to apply the concept of synergy of family business and social entrepreneurship for the effective implementation of economic processes and solving technological problems, identify the problems of family business development in the new economic realities and propose some ways to solve them at the legislative level. The object of the study is a set of economic, entrepreneurial, civil-legal relations that arise in the implementation of family business and social entrepreneurship in modern economic realities based on new technologies. Methods: General scientific and private scientific methods of scientific cognition were used in the study: systematic, historical, logical, comparative-legal, formal-legal, and others. Novelty: It is proved that social entrepreneurship and family business should be a system-forming link in economic relations, linking the state with small and medium-sized businesses. The introduction of such form of business (social and family entrepreneurship) should eliminate many economic problems and gaps in the legal regulation of issues that arise while conducting economic activities by family members. The necessity of separating social entrepreneurship and family business into a separate economic and legal category is justified, and the expediency of consolidating the concept of social entrepreneurship and family enterprise at the federal level is proved.

scholarly journals Accounting for non-current assets in budgetary institutions: problems and solutions

Ekonomika APK ◽  
2020 ◽  
Vol 314 (12) ◽  
pp. 22-28
Author(s):  
Mykhailo Prodanchuk ◽  
Yuliia Bezdushna
Keyword(s):  
Information Technology ◽  
Internal Control ◽  
International Standards ◽  
Practical Significance ◽  
Accounting System ◽  
Basic Principles ◽  
Scientific Methods ◽  
Budgetary Institutions ◽  
Problems And Solutions ◽  
General Scientific

The purpose of the article is to identify problematic aspects of accounting for non-current assets and to suggest their solutions using information technology and documentation. Research methods. The methodological basis of the study is a systematic approach to the study of the processes of reflection of non-current assets in the accounting of budgetary institutions. The epistemological method is used to clarify and deepen the meaning of the concept of "non-current assets". Analysis, synthesis, induction, deduction, abstraction, idealization and generalization, as general scientific methods of cognition, are used to develop the basic principles of the theory, methodology and organization of accounting for non-current assets. Bibliographic and bibliometric types of analysis provided identification of trends in the theory and methodology of accounting, as well as problematic aspects of non-current assets. The method of formalization made it possible to make suggestions on how to solve the problematic aspects of accounting for non-current assets. Research results. Identifying of problematic aspects in the accounting for non-current assets of budgetary institutions allowed to offer options for their solution, which will deepen the informativeness of accounting and reporting data and ensure their accuracy, reliability and comparability. Improving the accounting aspects of the reflection of non-current assets will also help increase the effectiveness of internal control (including inventory), and thus their management in budgetary institutions. Scientific novelty. Theoretical and practical provisions for accounting for non-current assets of budgetary institutions are improved. Ways to improve the accounting and internal control of non-current assets for the needs of management in budgetary institutions are proposed. Practical significance. In order to bring the national accounting system in line with international standards and in accordance with the needs of management, it is proposed to improve the reflection in the accounting of non-current assets of budgetary institutions through the use of information technology and documentation. Refs.: 11.

scholarly journals Investment marketing strategy for diversified enterprises

2019 ◽  
pp. 146-152
Author(s):  
Oleksandr Kalinin
Keyword(s):  
Business Models ◽  
Growth Strategy ◽  
Entrepreneurial Activity ◽  
Global Trends ◽  
Scientific Methods ◽  
Goods And Services ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
And Control ◽  
The Impact

Introduction The amount of capital that individual, corporate and institutional investors are willing to invest in certain assets is increasing every year. This leads to a revitalization of entrepreneurial activity and growth of the economy as a whole. It is also very active in creating certain disparities in the distribution of investment flows at the cross-sectoral level. There are industries that perceive investors more positively, and other industries perceive less positively. Among these industries, and even more types of businesses, are diversified companies or conglomerates that are perceived by investors as a chaotic set of assets that management is unable to manage effectively. Purpose The purpose of this article is to study the global trends in managing strategies for competitive advantage in the capital market by diversified enterprises. The purpose of the article is to study the theoretical aspects of management and planning the choice of growth strategy for diversified enterprises; to analyze the systems of strategic management of investment marketing for diversified companies; develop solutions to improve the marketing management system for various companies in the context of attracting investment. Method (methodology) In the course of the research, the following general scientific methods are used: analysis and synthesis, grouping and systematization of revealing the essence of investment marketing, its structure, principles of its formation, development of the concept of diagnostics of efficiency of investor attraction systems and control of this process; induction and deduction - to summarize the theoretical aspects of the peculiarities of the formation of the structure of investment marketing; statistical and economic - to evaluate the investment attractiveness of a diversified enterprise. Results It was suggested to the conglomerate companies to distance their company brand from its subsidiaries as much as possible so that there was no problem in identifying the main focus of the conglomerate's business activity. For the analysis of companies that should be considered for placement of their own and borrowed funds by conglomerates and to demonstrate this investment policy, investors can distinguish the following areas of analysis of potential companies: whether the leadership of a company in a particular segment can lead to the possibility of controlling the pricing of goods or / or company services; whether it is possible to create a competitive business through the attraction of additional investment opportunities. Thus, solving the problem of finances, and more precisely the ability to run a business for a certain time, can bring to positive indicators of profit and return on invested capital; the impact on the aggregate industry reserve of profits, which makes it possible to receive more profit from the industry of related fields from consumers than competitors can, thus ensuring long-term competitiveness. Also regarding the display of client base of goods and services that we can distinguish for investors is: demonstrating the presence of privileged clients; the existence of diversified profit strategies; availability of special copy - protected goods and business models; the presence of unique and difficult to copy distribution and communication channels; the presence of barriers to competitors (patents. Brand, licensing, large investments in market entry, etc.).

scholarly journals The prospects for ecological tourism development in Ukraine

2019 ◽  
Keyword(s):  
Tourism Development ◽  
Qualitative Evaluation ◽  
Legal Regulation ◽  
Resource Base ◽  
Scientific Methods ◽  
Current State ◽  
Initial Stage ◽  
General Scientific ◽  
Evaluation Of Data ◽  
Ecological Tourism

At the present stage of tourism development in the world, the ecological tourism is one of the priority directions of sustainable development of the territories. Ecological tourism in Ukraine is at an initial stage of its expansion, but due to the existing natural and recreational resources of the country, this type of tourism has all the chances to become one of the main types of travel and create all conditions for improving the socio-economic situation of the population. The subject of the research is the prospects for the development of ecological tourism in Ukraine on the basis of the existing resource base. The goal of the paper is to substantiate the state and the prospects of the development of ecological tourism in Ukraine. The objective: to define the essence of the concept of "ecological tourism", to analyze the current state of the development of ecological tourism in Ukraine, to consider the features of regulatory and legal regulation of ecological tourism, to determine the prospects for the development of ecological tourism.In the article general scientific methods are used such as the analysis - for the research of separate components of ecological tourism; synthesis – to combine individual facts; statistical method – for the processing of statistical information and for qualitative evaluation of data; method of induction and deduction – helps to draw conclusions based on existing facts; systematic approach – for a holistic study of the prospects of ecological tourism relative to external factors of influence. The following results were obtained: on the basis of the analysis, the theoretical aspects of the concept “ecological tourism”are investigated, the necessary resources for the development of ecological tourism in the country are identified and the main prospects for the development of ecological tourism of Ukraine are determined. Conclusions: the prospects for the development of ecological tourism reflect the positive effect of ecotourism in Ukraine, which indicates the importance of its organization and development in the domestic tourist market of the country.

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