Law Entities Research Articles

АНАЛИЗ ПРОБЛЕМ ВЫПОЛНЕНИЯ КОНТРАКТОВ ПО ГОСУДАРСТВЕННОМУ ОБОРОННОМУ ЗАКАЗУ

The article discusses the prospects of building a contract system in Russia in the field of state defense orders in the broadest sense – as a system of civil law contractual relations with direct and indirect participation of public law entities; building a model of a similar system, including its legal support.

ДЕЛИКТНАЯ ОТВЕТСТВЕННОСТЬ ПРИ ПРИНЯТИИ И РЕАЛИЗАЦИИ ГОСУДАРСТВЕННЫХ УПРАВЛЕНЧЕСКИХ РЕШЕНИЙ С ИСПОЛЬЗОВАНИЕМ ЦИФРОВЫХ ИНФОРМАЦИОННЫХ СИСТЕМ

The article provides a legal analysis of the conditions of civil liability for damage caused by the adoption and implementation of state management decisions taken during the operation of digital state information systems. An approach to assessing the guilt of the state in taking a harmful management decision in the context of digitalization, consisting in the analysis of the actions of the entire state appa-ratus as a whole, rather than a single individual body that failed, for example, to resist com-puter attacks, is proposed. The features of tort liability of the state for breach of confidentiality of digitally represented data and for harm caused by inaccurate (irrelevant) information of information systems have been considered. The principle of public reliability has been suggested as a general rule for state information systems. The opinion has been expressed that it is necessary to define unambiguously which information systems are characterized as publicly trustworthy. The paper touches on the problem of tort liability in case of breach of electronic identifi-cation and authentication rules. The author has argued that both the certification centres which violated the procedures of qualified electronic signature keys issue and public law entities when authorities and officials caused damage can be considered as a tortfeasor if there are reasons to do so. An analysis was made of judicial practice of appealing against actions and decisions of public authorities taken on the basis of applications signed with fictitious qualified electronic signatures. A special attention was paid to the tort liability associated with the activity of agents involved in the processes of adoption and implementation of state management decisions using information systems (MFC, certification centres etc.). Business entities contributing to the processes of information systems maintenance and engaged by the state bodies are suggested to be called "information systems agents". The peculiarities of civil responsibility of the state for damage caused by a management decision promoted by an information system agent were considered. It was suggested to con-sider the state as a proper subject of tort liability, the guilt of which in this case was specific and consisted in failure to take measures for control over the corresponding agent. The legal analysis of the grounds of vicarious liability of public-law entities for damage caused by information system agents was carried out. The opinion about independent liability of information system agent is argued if the harm is not in causal connection with actions (inactions) of public legal entity or if there is no guilt of public legal entity. On the basis of the practice of the European Court of Human Rights it is proposed de lege ferenda to fix the responsibility of the state for the torts committed by the persons entrusted by the state to perform public functions.

Mechanism for Ensuring Children’s Rights in Ukraine: Problems of Subject Composition

The purpose of the scientific article is a comprehensive analysis of the nature and subjective composition of the mechanism for ensuring the rights of children in Ukraine. Тo achieve it, the following tasks are formulated: first, on the basis of doctrinal sources to reveal the approaches of modern scientists to the nature and essence of the mechanism of ensuring children’s rights; secondly, based on the existing legal sources of Ukraine in this area to analyze the structure of the mechanism for ensuring the rights of children; thirdly, to classify the subjects of the mentioned mechanism, to consider the principles of their legal status and functional-competence characteristics; fourth, to highlight the features of general and special subjects of children’s rights, based on existing law enforcement practices. Scientific novelty. The mechanism for ensuring the rights of children in Ukraine have undergone a long period of formation, has undergone some reforms marked by the implementation of international legal standards, modernization of the subject structure, which includes two main groups – public and private, designed to regulate, implement, protect and safeguard children’s rights, and in case of their violation – proper and timely recovery. Conclusions. The mechanism for ensuring the rights of children in Ukraine are a complex entity. The Verkhovna Rada of Ukraine, the President of Ukraine, through the Plenipotentiary of the President of Ukraine for Children’s Rights, the Cabinet of Ministers of Ukraine, the Ministry of Social Policy, the Ministry of Internal Affairs, the National Police of Ukraine, their structural subdivisions and territorial bodies, local state administrations and bodies are called upon to exercise a number of powers local government, through children’s services. These are known to be public law entities. In turn, the subjects of private law involved in ensuring the rights of children and the protection of children are labor collectives, charities and other public organizations, individuals. At the same time, there are a number of problematic issues that lie in the plane of its functioning of this mechanism and need to be addressed in the interests of children

Источники правового регулирования договора перевозки железнодорожным транспортом

The subject of this article is the sources of legal regulation of the contract of carriage by rail. Based on the analysis of the current legislation, the author identifies the features and problems of a large number of sources that regulate contractual relations in the field of railway transport. The author comes to the conclusion that such a spread of legislation, on the contrary, creates difficulties for civil law entities involved in transportation relations, especially when protecting violated rights. In addition, many of the rules of one law begin to contradict the rules of another. In this regard, the author believes that the legislation regulating rail transport requires the concentration of such rules in a more codified form.

Jezioro jako nieruchomość?

The surface of the earth is very diverse, there are various elements on it that shape it: mountains, forests, and water. Not all elements of its shape are relevant to the concept of real estate or the scope of ownership rights. The regulations state that the majority of real estate may be owned by any civil law entities, without differentiating them and limiting the possibility of acquiring ownership rights. Some properties are in principle owned by the State Treasury (or municipalities, as a rule). Whether a property may be owned by any entity may depend on its type, location or what is on it. The following article discusses whether a lake can be treated as a property within the meaning of civil law. In addition, it was examined whether two land and mortgage registers could be kept for one lake.

OUTSOURCING CONTRACT AND ITS SPECIFIC SIGNS

Purpose: to define the term «outsourcing», to explore the concept of outsourcing contract and its attributes. Research methods: logical, formal-dogmatic, comparative-legal, etc. Results: definition of the term «outsourcing», the concept of outsourcing contract and its features based on these methods of research. Discussion: problems of legal regulation of outsourcing relations in Ukraine. Civil contract law contains many transactions that regulate a large number of civil relationships. Given that civil law is based on the principles of freedom of contract by civil law entities, it is quite coincidental that the appearance of new types of contracts and treaties, which include elements of already known civil law transactions that regulate commonly used legal relationships a new way, or even become a regulator of new contractual relationships. Such contracts should include an outsourcing contract. Outsourcing is the transfer from one company to another of some internal business processes for the purpose of their faster execution on a fixed term, for a certain price and with a certain level of services that a foreign company has to provide. In addition, outsourcing is also an enterprise management tool that includes the process of acquiring resources and services to improve the efficiency of the enterprise. It should be noted that the topic of legal regulation of outsourcing relations in Ukraine remains underdeveloped to date, even though there are a number of scientific articles concerning the definition of the concept of outsourcing contract and the nature of the origin of such contracts. The notion of outsourcing is closely related to the principles of contractuality and freedom of contract and, as a rule, scholars refer to this contract as mixed or unnamed contracts. It is also worth noting that although the outsourcing contract has not yet been isolated as a separate form, it already occupies an important place at the intersection of civil and commercial law, since it helps businesses regulate business relations in different markets for services and works. Thus, domestic civil and commercial law requires reform and a clear definition of the concept of outsourcing contract, as its use is becoming more popular and there is no legal support for its clear application.

Models of Criminal Liability of Artificial Intelligence: From Science Fiction to Prospect for Criminal Law and Policy in Vietnam

The Industrial Revolution 4.0 (4IR) reflects combination of technologies in physics, digitalisation and biology, shaping a modern world of information technology where virtual and real systems are integrated through worldwide internet connection networks. Artifical Intelligence (AI) and decision making process have seen profound changes. The relevant question is whether criminal liability is applicable to AI entities in the near future given criminal law in many jurisdictions including Vietnam has provided for criminal liability of legal persons as “abstract entities”. On this basis, from the criminal law and science fiction approach, the paper initially assumes AI entities as subjects of crimes to explore possible models of criminal liability applicable to AI entities and prospect for changes of criminal law and policy in Vietnam in the future, making recommendations on improvement of legal framework, contributing to crime prevention and protection of human rights in the industrial revolution 4.0.

Presenting a Desirable Model of Social Security Organization Management in Light of Its Administrative and Financial Independence in Iran

The Social Security Organization of Iran is the country's largest social insurance fund. It has been discussed from the beginning by examining the issue of social security, the way in which the social security is run, the assignment of the principal trustee and its administrative and financial independence. Therefore, one of the main objectives of the present study is how to manage a social security organization, providing a desirable model of social security organization. In addition, while investigating the nature of social security institutions and the need for administrative and financial independence of the social security organization, we present the characteristics of a desirable social security model. The research technique or method of collecting information in this research is libraries (both documents and books) meaning that the information required for this research is collected from books, articles and documents available in reputable libraries and sites. (External sources are also used, apart from existing sources) and then the information has been processed and analyzed in a descriptive-analytical manner. The results of the study show that The Social security in the legal form of nongovernmental organization and as the representative of the government is a trustee to manage the social security affairs. One of the features of this legal framework is that it is one of the public law entities on the one hand and has administrative-financial independence and legal personality independent of the government. And on the basis of its financial administrative autonomy, the Council must lay down rules on how to administer and perform the duties of the within the framework of the law. And sovereignty requires oversight by the government (the triple powers) of this entity. Regarding the privatization of social security, it must be acknowledged that despite the general policies of the Islamic Republic of Iran on privatization and with considering the many benefits that come with this discussion, it seems that regarding the identity of Social Security as a nongovernmental organization and its financial administrative independence, and by maintaining the organization's true position and assisting the private sector in its executive functions, one can expect to fulfill this task of government sovereignty with greater quality and quantity; today, Iran's social security system has entered the stage of organizational evolution and moving towards improving its current status and achieving administrative and financial independence, but this system, like all human-designed systems, has some shortcomings that need to be addressed

Institution of Liability arising due to Causing Harm: Current State and Ways of Improvement

The article is devoted to the institution of obligations arising due to causing harm in the light of the reform of civil legislation and established law enforcement practice. On the basis of the effective legislation analysis, analysis of the doctrine and jurisprudence, the author explores the concept of harm. The paper provides for the classification of characteristic cases of causing harm to participants of relations regulated under civil law. It is concluded that the absence of the legal definition of the concept “harm” widely used in the Russian legislation has led to the confusion of the legal categories of “causing harm” and “causing losses” as grounds for tort liability in public sectors of legislation and jurisprudence. The paper contains the author’s classifications of types of harm caused to property. The article reveals the content of the concept of non-property (reputational) harm caused to a legal entity. A comparative study of the concepts of “harm,” “damages,” “losses” has been carried out. It is concluded that tort liability can be imposed if harm rather than losses has been caused. The author explores the issues of application of recovery if losses are caused. The author analyzes the subinstitution — obligations arising due to harm caused by acts of public authority — in the field of public administration and law enforcement. The paper examines conditions for imposing tort liability for harm caused by state bodies and local self-government bodies, as well as their officials, and features of the subject composition of tort obligations. The author draws attention to the civil law nature of legal relations arising as a result of causing harm in the field of criminal proceedings, focuses on features of tort liability for harm caused in the field of criminal proceedings and subject composition of tort liability for causing harm in the field of governmental power. The author proposes to introduce into the effective civil legislation the rule containing the definition of the concept of harm as a generic concept. It is proposed to supplement the institution of liability arising as the result of causing harm with provisions regarding a public law entity whose property may be damaged and the classification of the harm caused to the participants of legal relation regulated under civil law. It is proposed to make a number of changes and additions to the subinstitution — obligations arising as the result of harm caused by the acts of public authority.

THE NORMATIVE REGULATION OF MEDICAL DEVICES – A GUARANTOR FOR THE PROTECTION OF PATIENTS’ RIGHTS AS USERS OF HEALTH SERVICES IN THE REPUBLIC OF BULGARIA

Health is envisaged as a right of the citizens both in the Constitution of the Republic of Bulgaria and in the Treaty on the Functioning of the European Union. Healthcare is subject to regulation by a number of secondary European legislation acts as well as by acts of our domestic legislation. The overall state policy on health care provision and development constitutes a complex set of diverse activities. Its quality is largely the result of strict and good-faith implementation of the normative regulations, addressing both public authorities and individuals. Exercising preventive medical procedures, adequate diagnosis and conducting successful treatment are undoubtedly essential parts of healthcare. This essential part is implemented by healthcare professionals with specific qualifications and by using medicinal products that contribute to achieving positive results in each patient's health in every individual case. In turn, medical equipment such as apparatus, instruments, materials and other supplies, plays an increasingly important and crucial role in the overall process of the actual implementation of medical assistance. Today, secondary European legislation determines medical equipment as a medical device and defines it. The continued development of science in the field of medicine, as well as in other fields, is an important factor in achieving ever greater opportunities for medical care and determines the significant place of medical devices in the provision of healthcare to a particular patient. Using them is often the only way to correctly diagnose a patient, though the cases where the medicinal product itself comes into contact with the patient's body through a medical device are also not isolated. The presence of the appropriate type of medical device and its corresponding level of quality are essential prerequisites for proper diagnosis and conducting a precise treatment procedure to achieve the optimal end effect. To ensure a positive result in the patient's health, medical devices must be safe and meet a number of quality requirements. The safety and quality of medical devices are a prerequisite for the actual realization of the right to healthcare for citizens. This report examines some administrative-juridical remedies for exercising control over medical devices, as well as certain obligations that individuals should carry out when performing activities related to medical devices. Bearing in mind the actual object of protection in medical law - the patient, and that one of the principles of consumer law is to protect the life and health of the consumer as an individual, it is concluded that medical and consumer law have the same object of protection and that is every individual. The report makes a comparative analysis of the administrative-juridical measures taken by the Medicines Executive Agency and by the Consumer Protection Commission. It also compares some of the obligations that private law entities need to observe in medical law in respect to medical devices and those of private parties in consumer law regarding goods.

The Problem of the Sectoral Recognition of Public Law Entities’ Participation in Property Relations

The article deals with the study of the peculiarities of the public law entities’ participation in property legal relations. Attention is drawn to the fact that property law of Russia is one of the main civil legal forms of property relations, which must be brought into line with the modern requirements of the country's economic development. The system of property relations involving public law entities and, most of all, the system of property relations is of paramount importance. The article discusses the specificity of civil legal personality of public legal entities determining forms and procedure for their participation in property relations. The issues of sectoral recognition of public legal entities’ participation in property relations are raised. The study identified only two forms of ownership that actually exist in Russia: private and public.

THE GENESIS OF THE PUBLIC LAW ENTITIES

Public law entities currently play an important role in the social and economic life of our country. The activity of local government, professional and business self-governments, as well as public law entities such as the Polish Red Cross, the Polish Academy of Sciences or the Bank Guarantee Fund, significantly contributes to the improvement of the quality of life in Poland. It is difficult to imagine effective state functioning without the existence of this category of legal entities. Being independent in their actions, they are at the same time a part of the state apparatus, whose activity is based on the systemic principle of decentral-ization and the participation of citizens in the exercise of public authority. It can be said that their existence and conditions of operation constitute a kind of litmus paper test of realizing the idea of a democratic legal state. This article presents considerations regarding the genesis of public law entities. It presents the views of the legal doctrine concerning entities governed by public law, starting from the turn of the 18th and 19th centuries, through the 19th centuryand XX century, ending with the contemporary times.

THE ESSENCE OF THE PUBLIC LAW ENTITIES

Public law entities play a significant role in a democratic legal state and its public administration system. They enable the active participation of an individual in the exercise of public authority and involvement in public affairs. They help to build a civil society and protect against the phenomenon of a crisis of democracy. Above all, however, they serve to protect human dignity as a source of freedom and human and civil rights. For this reason, the issue of determining their essence is important. It is not easy because it has undergone a metamorphosis over time and it is not one category. This article presents considerations regarding the essence of public law entities. It pointed to the necessity of: possession of public rights by entities; recognition of their public-law subjectivity; granting them public authority; owning own cases carried out independently; being subject to state supervision.

The Effects of the Insurance Market in the Development of Western Balkans Countries, with Special Emphasis on Kosovo

The purpose of this research is to see whether the insurance influences the economic development of Western Balkan countries. Currently, insurance comprises an economic sector that includes all activities of conception, production and trading of this type of service that is of public interest but generally carried out by private law entities. For the specification of the econometric model in this research, we are based on the secondary data published in the official reports of the World Bank, the Central Bank, and the statistical agencies of some countries. To measure empirical results, there are used these statistical tests: fixed effects model, Hausman Taylor Regression, generalized method of the moment (GMM), and GLS regression. Based on the empirical results, we can conclude that life insurance and non-life insurance have a significant connection and positively impact the economic growth of these countries. Other variables that have shown a positive result in economic growth are: GDP per capita, Exports, whereas variables that negatively impact on economic growth are inflation and government spending.The empirical results of this document may recommend that relevant institutions implement institutional improvements that contribute to strengthening competition, advancing risk management techniques, and so on. In conclusion, we can say that future researches can be done as events, life insurance or non-life insurance impact on economic growth in Kosovo and in the countries of the region. The study is carried out with secondary data, and all empirical analyses are original. Through the results of this study we intend to offer more empirical evidence for our country and countries in the region recommending that relevant institutions improve the functioning of the financial sector and especially the insurances part because it is the factor that affects the economic growth. Key words: Economic growth, life insurance, non-life insurance, Kosovo.JEL Classification: C23, E31, G22, O11

Relations on Taxes Imposition as General Regulatory Tax Relations

In the paper the author attempts to define the legal nature of relations regarding establishment and introduction of taxes and fees in the Russian Federation. The author refutes the traditional ideas about the absolute model of such legal relations, as the alleged circle of obligated persons does not have the potential to prevent implementation of the sovereign right of the authorized party. It is concluded that relations concerning the imposition of taxes amount to general regulatory relations with broader legal relations, where the right of the authorized person corresponds to the legal status manifesting connectedness, dependence of the opposing subject as the actions of the authorized entity inevitably affect his or her interest. The author identifies the subjects (participants) in such relations and analyzes the peculiarity of their interaction that is manifested in a bilateral (mutual) legal relationship. The paper demonstrates the rights-obligations status of the participants of such relations through direct and reverse legal relations. The State acts not only as a holder of power, but also as the main guarantor of the rights and legitimate interests of all citizens. The article scrutinizes the content of the legitimate interest of the taxpayer based on the fundamental principles of tax law and determining the lawmaker’s behavior.Based on the analysis of the legal relationship between a public law entity and the taxpayer, the author outlines the boundaries of discretionary powers and criteria of discretion of the legislator in the process of imposition of taxes. The tools of reasonable deterrence of fiscal appetite include legal requirements, as well as constitutional and legal justification of legislative decisions.The author emphasizes the importance of active involvement of the taxpayer in the process of regulatory control of legislative provisions.

Disharmoni Certification in the Authenticity Perspective of the Deed of Establishment of Cooperative by Notaries

Notary is a public official authorized to make authentic deeds and other authorities as referred to in UUJN. Cooperatives as a soko guru economy of the people really need the participation of the government in relation to the establishment, granting the status of legal entities, and amendments to the articles of association and co-operative development are the authority and responsibility of the government. Associated with the deed of ratification of cooperatives as a legal entity in Law No. 25 of 1992 there were no provisions governing cooperative deed-making officials. But in Kepmenkop No. 98 / Kep / M.KUKM / IX / 2004 specifically mentioned in article 4 that Notary makers of cooperative deeds are general officials appointed based on Notary Position Regulations, which are given the authority to, among other things, make deed of establishment, deed of amendment to articles of association and deeds others related to cooperative activities.With the notarial deed of the cooperative which has the authority to make a deed of establishment and amendment to the cooperative statute as stipulated in Kepmenkop No. 98 / Kep / M.KUKM / IX / 2004, then there is a legal conflict with the first legal problem of Disharmoni, the existence of certification of the cooperative establishment deed for notaries as public officials. And the second legal issue is the legal position of Kepmenkop No. 98 / Kep / M.KUKM / IX / 2004 in the perspective of the Act of Notary Position.The completion of the two legal problems uses several legal theories, namely the theory of the purpose of law, the theory of justice, the theory of expediency, the theory of certainty, the theory of authority and the theory of legislation. Besides that, it also uses several concepts, namely the concept of authenticity of deeds, the concept of general officials, professional concepts, the concept of certification, the concept of disharmony and the concept of cooperatives.Kepmenkop No. No. 98 / Kep / M.KUKM / IX / 2004 in the perspective of UUJN, that UUJN in the consideration of the part considering its formation does not refer to Law No. 25 of 1992, but in Kepmenkop No. 98 / Kep / M.KUKM / IX / 2004 section recalls mentioning notary participation. In UUJN no special notary or certified notary was found, and no special deed was found based on ministerial regulations. Therefore Kepmenkop No. 98 / Kep / M.KUKM / IX / 2004 are not based on the provisions stipulated in UUJN that the notary has the authority to make authentic deeds related to the agreement. If the fact is that the cooperative's deed of establishment and / or amendment to the cooperative statute constituting an agreement is made before a notary who has certification as determined by article 4 of Kepmenkop No. 98 / Kep / M.KUKM / IX / 2004, then this is contrary to the tiered theory / theory of legislation, namely stufenbau theory. Keywords: Disharmony of Certification, Authenticity of Notary Deed, Establishment of Cooperatives. DOI : 10.7176/JLPG/83-03 Publication date :March 31 st 2019

Uslovi za solemnizaciju ugovora o prodaji nepokretnosti zaključenog u vansudskom postupku namirenja

Public notaries act as holders of public authority and are obliged to protect the interest of legal certainty. The requirement of legal certainty is stronger than any individual request, and the public notary, as a holder of public authority, must uphold this. The public interest represents the gravitational field of any public notary operation. The legal rules governing the procedure of denying a public notary act determine the public law nature of the notary public service in a substantive manner. When assessing the fulfillment of the conditions for the solemnization of a document in each proceeding, the notary public must strictly apply the provisions of the law that prescribe the grounds for denial of an official act. The out-of-court mortgage settlement procedure is carried out without the involvement of public authorities. Such a regulated procedure is outside the logic of the execution procedure, and the notary public is the only public law entity before which a real estate sales contract concluded in an out-of-court settlement procedure is submitted for solemnization. Therefore, from the point of view of the protection of legal certainty, his role as the controller of the legality of the previously conducted out-of-court mortgage settlement procedure is further emphasized when he assesses the fulfillment of the conditions for the solemnization of a real estate sales contract concluded in an out-of-court settlement procedure. One of the conditions for the solemnization of a real estate sales contract is also the absence of a reason for denial of an official act, which the notary public must strictly examine in accordance with the rules of the law governing the public notary activity. When assessing that the aforementioned condition is not fulfilled, the public notary is required to refuse the solemnization of such real estate sales contract concluded in the out-of-court settlement procedure.

Do Chambers of Commerce have an added value in the web 2.0 era? Commercial missions by the Chamber

This study goes through the history of Chambers of Commerce, analysing some of the reasons for their appearance as well as their role throughout time. It moves forward to analyse the history and development of the Barcelona Chamber of Commerce (BCC), founded in 1886. Emphasis on the international department of the BCC is made to evaluate whether the Internet and the web 2.0 era have jeopardised the internationalisation services offered to Catalan firms. Through five case studies of firms having participated in commercial missions of the BCC, the strategic added values of this service are analysed. The study concludes that the differential traits and added values are: the status of public law entity, the built-in worldwide chamber network, the affordable price, and the direct channel with governmental entities to obtain subsidies for Catalan firms.

Юридична конструкція спортивних правовідносин

The purpose of the article is the analysis of the legal structure of sporting relations. In order to achieve it were formed the following tasks: to establish the concept of sports issues and outline their signs; explore business composition relations in depending on the type of sports activity; characterize an object of sport relations; to reveal the features of the contents of sports legal relations. Methodology. The methodological toolkit is determined taking into account the goal set, the specifics of the object and subject of the study. Foundational became systemic and structural-functional methods – to establish the content of the studied categories and legal phenomena, the formation of a conceptual-categorical apparatus; dialectical and logical-legal – in the development of defining concepts and scientific provisions. The author also used the method of scientific knowledge of the studied phenomena, their relations with and relations with other interrelated categories (in particular, relations in the field of physical culture, etc.), methods of modeling and forecasting – to determine the perspective directions of development of sports legal relations, improvement of their legislative provision etc. The scientific novelty consists in figuring out understanding the concept and content of sporting legal relations, their signs and types. The attention of structural elements sporting legal relations was also paid. Underlined that the peculiarities of the content of sporting legal relations are that the rights and obligations of subjects of sporting legal relations are determined depending on the type of sport and legal regulation of national and international regulations Including the «softright» of sports international organizations. Conclusions. Sporting legal relations should be understood by the willed, regulated norms of sporting law, which arise between various subjects of the law, in the process of organizing and direct carrying out physical and recreational and sports activities, realization of purpose fulfitness-improving and sporting events of competitive nature and are underprotection of the State, and also specialized non-governmental sporting organizations. Depending on the type of sports activities (collective, individual, material, procedural, regulatory, guarding, private, public, administrative, labor, long-term, short-term, etc.) subjects of sporting legal entities are divided into such types as: individuals (with unlimited and limited capacities, here we will select individuals who are professional athletes, amateur athletes, who on an in permanent (temporary) basis realize private interests in the field of physical culture and sport) and legal entities (public administration entities and other legal entities of the public law and private law entities). Keywords: sports legal relations, athlete; sports goods, type; sign; content.

L’Actualité De L’Immunité D’Exécution Des Entreprises Publiques Des États Parties De L’Ohada

Article 30 paragraph 1 of the Uniform Act on the Organization of Simplified Procedures for Recovery and Enforcement (Acte uniforme portant organisation des procédures simplifiées de recouvrement et des voies d’exécution, AUPSRVE) establishes the general principle of immunity of public entities from execution. It does not, however, explicitly define to which public entities this principle applies. For a long time, the Common Court of Justice and Arbitration (Cour commune de justice et d’arbitrage, CCJA) held that it fell to national legislation to make that definition, allowing states legally to exempt public enterprises from common law enforcement even if they were in some sense private law entities. In the case examined in this article, the CCJA goes back on its case law, criticising the Court of Kinshasa/Gombe for misapplying Article 30 in its decision that a debtor could enjoy immunity from execution even though it was a mixed-economy company, and thus took a private law form. However, the distinguishing criterion used by the CCJA does raise certain questions because of its ambiguity.