Law Entities Research Articles

Federal Territory: Constitutional and Legal Regulation Development

This article examines the legal status of federal territories as public law entities in the Russian Federation, which emerged as a result of the 2020 constitutional reform. This article discusses issues related to constitutional terminology, the constitutional-legal status, and legal regulation of federal territories, along with an analysis of the practice implementation of the constitutional provisions governing these territories. The specific features of existing federal territories in the Russian Federation and in foreign countries are also reviewed. The necessity for further development of the novelty introduced by the Constitution of the Russian Federation regarding federal territories is underscored, including a discussion on the unique tax regime applicable to these territories. The article employs several scientific methods, including the comparative-legal method and the formal legal method, with additional methods such as analysis and synthesis also utilized. Conclusion: Despite the short period between the establishment of the first federal territory and the development of its legal framework, several distinctive characteristics have also emerged in Russian legislation. An analysis of Russian constitutional law reveals key features in the exercise of public authority in this new public law entity. When comparing approaches to public authority in other countries, the models of India, Brazil, and Canada were chosen for comparison. It was found that Russia’s form of public authority within federal territories is unique and does not fully align with any of the models seen in these foreign states. However, Russian legislation currently lacks a comprehensive law that regulates federal territories as a whole. At present, the only federal territory established in the Russian Federation is the Sirius federal territory, and its legal status is governed by the federal law “On the Federal Territory ‘Sirius’”. This highlights the need for further development of a broader normative framework that regulates the status of the federal territory. Such a framework would not only solidify the legal status of the Sirius federal territory but also provide for future federal territories yet to be formed

Analysis of Factors Associated with the Utilization of Healthcare Services for BPJS Participants in the Puskesmas Kampung Baru Working Area

BPJS Kesehatan is a public law entity whose function is to organise a health insurance programme for all Indonesian, including foreigners, who work in Indonesia for at least six months. BPJS is divided into 2 groups, namely Contribution Assistance Recipients (PBI) and Non Contribution Assistance Recipients (Non PBI). The purpose of this study was to analyze the factors associated with the utilization of health services for BPJS health participants in the community in the working area of Puskesmas Kampung Baru, Medan Maimun Subdistrict, Medan City. This study used a cross sectional research design, as many as 100 samples using accidental sampling technique with the population of all BPJS participants in the working area of Puskesmas Kampung Baru. The results of the research with bivariate analysis showed that the p-value of age (0.647), gender (0.504), educational background (0.047), employment status (0.067), perception of officer attitude (0.008), length of waiting time (0.527), perception of BPJS (<0.0001), service accessibility (0.716). The statistical test results of this study indicate that there is a relationship between educational background, perceptions of officer attitudes, and perceptions of BPJS with the utilization of health services for BPJS participants. There is no relationship between age, gender, employment status, length of waiting time, service accessibility with the utilization of health services for BPJS participants.

Вина юридического лица в административном праве: постановка проблемы

Introduction. The author considers the main contradictions of legal regulation of the institute of guilt of a legal entity in administrative law. The relevance of the problem is due to the lack of legislative certainty in the construction of the guilt of a legal entity, which leads to ambiguous law enforcement practice, violation of the principles of justice and presumption of innocence in bringing the specified subject to administrative responsibility. The purpose of the article is to analyse the ‘models’ of guilt of a legal entity in administrative, tax, civil legislation, as well as to identify the problem of harmonisation of current legislation, law enforcement practice, including in order to change the vector of fiscal orientation of state policy when bringing to administrative responsibility of a legal entity. Methods. General scientific (analysis, synthesis, systematisation) and private-scientific (formal-legal, comparative-legal) methods of scientific cognition allowed to rethink theoretical, practical aspects and approaches to the definition of guilt of a legal entity in administrative law. Results. The main problems of legal regulation of the institute of guilt in administrative law are formulated in this research. It seems that in order to bring law enforcement practice in line with the fundamental principles of administrative responsibility – legality, fairness, presumption of innocence – the guilt of a legal entity, as a legal category needs to be harmonised. The legislative construction of the model of guilt of a legal entity should ensure that the balance of private and public interests of the state is observed for the purpose of economic and political stability.

The Russian Federation as a subject of financial law

The key characteristics of the legal status of public legal entities as subjects of financial law are publicity, authority, sovereignty, as well as the financial basis. Within the framework of financial activity, the unity of the system of public power and federally determined separation of powers between levels of government are combined. In this regard, it is especially important to determine the legal personality of public legal entities in financial law. Based on the analysis of the norms of the Constitution of the Russian Federation, as well as the norms of financial law, it can be concluded that of all types of financial legal relations, the Russian Federation independently participates only in budgetary legal relations. In budget law, the state has not only responsibilities for regulation, distribution and control, but also rights, among which the main thing is the right to its own budget. The federal budget is not the budget of any authority that drafted or adopted it, but represents a form of education and spending of funds throughout Russia, and in this context covers all subjects of law at the level: public entities, authorities, legal entities and individuals. Consequently, through budgetary powers, the Russian Federation interacts with all subjects of financial law, involving them, directly or indirectly, in legal relations regarding public funds.

Правовой статус публично-правовых субъектов в цивилистическом процессе России

The grounds for endowing public law entities with the procedural status of a party to a case in civil and arbitration proceedings are investigated. The author proceeds from the fundamental idea that only participants in a disputed material legal relationship can act as parties to the civil process. Accordingly, persons who do not have the status of a subject of civil law cannot participate in civil and arbitration proceedings as a party. When deciding on the issue of granting the status of a party to a public legal entity, the courts need to proceed from their alleged connection with the dispute, civil legal personality, and the nature of the interest. Attention is also focused on the restriction of freedom in the disposal of the disputed right in cases involving public entities; when approving settlement agreements concluded between a private legal entity and a public entity, the courts need to check whether these agreements violate public interests (the interests of an unlimited number of persons).

Саморегулівні організації: юридичні особи на межі приватного і публічного права

The article analyses the legal status of self-regulatory organisations (SROs). These organisations are formed among the actors of various types of professional and business activity (lawyers, doctors, auditors, accountants, etc.), but the notion ‘self-regulatory organization’ has started to be used in legislation only recently. The main function of these organisations is to carry out self-regulation, i.e. to regulate the activity of their own members by adopting rules of conduct and monitoring compliance with them. However, these organisations often acquire regulatory powers not only from their members, who voluntarily agree to be subject to their regulation, but also from the state, which delegates to them or recognizes their public regulatory powers. This creates a kind of paradox: on the one hand, SROs are established in a manner typical of private law entities. However, on the other hand, their activities acquire the features of administrative activity. This raises a number of issues in law enforcement practice. Firstly, there are difficulties with the type of legal regulation that should be applied to the activities of these organisations - general permissive or special permissive. Secondly, the issue of court jurisdiction is ambiguous as well, i.e. which courts (administrative or commercial) have competence to resolve disputes arising between self-regulatory organisations and their members. Thirdly, the issue of compulsory membership in self-regulatory organisations is also quite acute, as this may lead to a violation of the right to freedom of association. Finally, the question of whether SROs are liable in the event of damage caused by them when exercising public authority is also ambiguous. There is a question concerning the conditions of their liability: shoud these be general conditions (Articles 1166-1167 of the Civil Code of Ukraine) or special conditions according to the rule of ‘truncated’ composition, which is typical for the liability of public authorities (Article 1173 of the Civil Code of Ukraine). This article provides a detailed analysis of these and other issues and outlines the ways to resolve them

Activities of public administration entities in the field of standardization, licensing and accreditation of healthcare in Ukraine

According to the provisions of the Basic Law of our state, life and health, honor and dignity, inviolability and security of a person are the highest social value. In order to ensure the guaranteed right to health care, the state, in the form of authorized bodies, takes the necessary organizational and legal measures and methods aimed at preserving human health. The human right to health covers a wide range of health-related phenomena and practices. Standardization, licensing and accreditation as means of ensuring the human right to health care directly belong to this spectrum of social relations. Taking into account the fact that the health care of citizens is based on a number of principles enshrined in the Constitution and laws of Ukraine, the article emphasizes that standardization, licensing and accreditation, which are the guarantee of life and health care, occupy a specific weight in health care citizens. Through the prism of legislative regulation and the analysis of subordinate regulatory legal acts, the author of the article examines the impact of regulatory legal acts on the regulation of relations in the field of standardization, licensing, and accreditation. The author focuses on the activities of the Cabinet of Ministers of Ukraine, the Ministry of Health of Ukraine, the State Service of Ukraine for Medicinal Products and Drug Control, as well as other public administration entities that play a leading role in licensing, standardization and accreditation of business entities, as well as other participants in relations in the field of health care. In general, the article draws attention to the important role of public law entities in regulating relations in the field of standardization, licensing, and accreditation, as well as draws attention to the legal mechanism of compulsory licensing. It is concluded that the modern system of public administration in the researched sphere of public relations is carried out primarily by authorized state bodies. It is emphasized that the subject of further research should be the issue of determining the system of public and private law entities involved in the process of regulating relations in the sphere of health care of Ukraine, the disclosure of the legal mechanism of compulsory licensing in order to ensure the health of the population, the defense of the state, environmental safety and other public interests, as well as the activities of public entities during the martial law regime.

A Legal Entity in Urban Law

A Legal Entity in Urban Law

Liability of a legal entity in criminal law in the refraction of legal personality of artificial intelligence

The article examines certain features of the phenomenon of a legal entity, including the scope and content of the regulatory wording “on behalf of and in the interests of” a legal entity enshrined in the Criminal Code of Ukraine, as well as theoretical aspects of application of criminal law measures to a legal entity. The author makes a reasoned assumption that one of the main reasons for the emergence of the legal entity phenomenon as a full-fledged persona of legal relations was the need to remove all interested individuals from legal control and liability. The author considers the granting of a legal entity with a category of certain interests as an act of anthropomorphisation, i.e. transfer of positive and negative human traits and characteristics to a legal entity. From the issues under consideration, the author moves on to the legal status of an artificial intelligence algorithm, including the possibility and/or expediency of recognising it as a persona of legal relations. To answer the question of the limits and methods of liability of a legal entity or a highly developed artificial intelligence algorithm, the author proposes to look for weaknesses by analogy with those of a human. The author makes proposals for improving the provisions of the current legislation of Ukraine.

REIMAGINING LEGAL AID INSTITUTION REGULATIONS TO ENHANCE LEGAL CLARITY

Purpose: to examine in depth the current LBH establishment arrangements. In addition, this study aims to formulate a regulatory formula for the formation of LBH that is appropriate and in accordance with the applicable legal context, with the main aim of realizing better legal certainty in supporting the mission of LBH in providing legal assistance to the community. Methods/design/approach: This research uses qualitative methods with a prescriptive research approach by describing data findings, both primary and secondary data, that have been processed and analyzed. Results: This research found that the regulations for the establishment of LAI/LAO in Indonesia need to be clarified, especially in terms of the status of the legal entity used. The status of the foundation dominates so that it becomes biased in carrying out its role as a legal aid institution to the community with consistency in the principles of the foundation regulated in Indonesian law. It is necessary to reformulate regulations that are more transparent and comprehensive for advocacy principles and can provide legal assistance to the community properly without being bound by limitations that may exist in the Foundation law. Conclusion: The dominant legal entity status for the Legal Aid Institute is in the form of a Foundation, a form of Foundation legal entity that has been the most appropriate to establish LAI/LAO in Indonesia because it has advantages, the foundation is non-profit and has no members, so it is more independent and cannot be intervened by any party. The provisions of legal entities in the Legal Aid Law, which are currently still based on Foundations and Associations, need to be supported by supervisory requirements in their implementation so as not to violate the essence of the enactment of the Foundation Law. Reformulation must result in clear legal aid institutions, protect human rights, provide equal access to justice, and achieve the desired level of legal certainty.

The Legal Aspects Fulfillment of Tax Responsibilities for Micro and Small Enterprises Established as Individual Company

An Individual Company is a new legal entity intended for Micro and Small Enterprise (MSE) actors to obtain legal entity status. However, based on the taxation perspective, establishing an Individual Company raises the consequence of tax imposition on one party that is substantially the same entity, namely MSEs as Individuals and Individual Companies as Legal Entities. This study intends to examine the taxation responsibility attached to the Individual Company as a law entity so taxpayers can carry out their tax obligations. The study method used is normative juridical with descriptive-analytical research specifications and qualitative juridical data analysis. The results of this study indicate that MSE actors who establish themselves as Individual Companies are given Corporate Taxpayer status with all its legal consequences. Direktorat Jenderal Pajak (DJP) needs to make adjustments and relax the Rights and Obligations of Corporate Taxpayers in the form of Individual Companies so that the tax self-assessment system is still implemented effectively, easily, and efficiently for taxpayers so that it has an impact on legal certainty and increases the level of taxpayer compliance.

Subnational powers to conclude treaties and participate in international organizations

This article analyzes the issues of recognition and status of subnational entities in international law, as well as their participation in international organizations. The impact of international integration of states on the competence and autonomy of subnational entities is considered. Examples of direct and indirect participation of regions in international processes are given.

Gloss on the Judgement of the Supreme Administrative Court of 21 October 2022, III OSK 4468/211 (Concerning the Provision of Public Information by a Foundation)

Abstract In its judgment of 21 October 2022, III OSK 4468/21, the Supreme Administrative Court considered that a foundation is obliged to provide public information because, in accordance with Article 1 of the Act on Foundations, it should accomplish socially and economically useful objectives that comply with the interests of the Republic of Poland. These are objectives that should also be accomplished by public administration; thus, they are, in fact, the State’s objectives. In such a situation, the Court decided that the informative obligation of foundations that are not public law entities applies, in fact, to every aspect of their activities. This should be recognised as correct, because the constitution-maker specified in Article 61(1) of the Constitution of the Republic of Poland a very broad range of entities obliged to provide public information, ensuring that every field of the State’s activity is transparent.

LAND ACQUISITION PLAN AS OBJECT OF DISPUTE IN STATE ADMINISTRATION CASE

Objective: This study aims to determine the realization of a land acquisition plan as an object of state administrative disputes. Method: The research method used is a juridical normative research method, researchers conduct research using data in the form of primary legal materials, secondary legal materials and tertiary legal materials. Results and Conclusions: The results of the study found that the land acquisition plan in the form of determining the location of land acquisition for development for public interest as the object of state administrative disputes, is the result of state administrative decisions that are considered to have the potential to harm the rights and interests of a person or civil law entity or customary law community whose land is targeted for land acquisition so that the party who feels disadvantaged file a lawsuit with the government agency or official that has issued the decision.

Novel company law forms for social change: The development of tailor-made legislation for social enterprises in the Netherlands

The impact case enhances the understanding of socio-legal research that contemplates the development of novel legal company forms which serve the well-being of humans and nature equally. Introducing novel company law forms for social change regards research in the field of social entrepreneurship and law, such as the development of tailor-made legislation for social enterprises in the Netherlands. Current legal forms for companies in the Netherlands do not support types of social entrepreneurial activity. Our research influenced directly the regulatory-making process of the novel forthcoming company law entity named the Besloten Vennootschap maatschappelijk (BVm), i.e., the private limited company with societal purpose which is about to be introduced in the Dutch company legislation. Particularly, our research team: (i) formulated key indicators for the BVm, which were accepted by the government in 2020 and will form the basis for new legislation which is currently being drafted; (ii) generated multiple academic studies, publications, seminars and conferences, as well as a PhD dissertation about the topic; (iii) supported many social enterprises in finding suitable legal forms (through educational programs, network sessions and collaboration with company and tax law experts).

Застосування економічних санкцій до іноземних суб’єктів приватного права в умовах викликів воєнного стану

Застосування економічних санкцій до іноземних суб’єктів приватного права в умовах викликів воєнного стану

Features of the legal status of political parties as legal entities: comparative-legal characteristics

In the article, the author examines political parties as subjects of civil relations. The characteristics of political parties as legal entities are analyzed: organizational unity, which is expressed in the fact that parties, as organizations, have a certain structure and a system of bodies; the sign of separate property of political parties has a certain specificity, with peculiarities in the ways of acquiring ownership rights over the property of political parties. Political parties, as legal entities, bear civil liability, and they can independently appear in court as defendants.
 The author also examines the doctrine and legislation of Western countries regarding the concept, creation, and activities of political parties in Germany, the United States, Great Britain, and Serbia. The concept of a political party in Western countries is considered, with a political party in Serbia, understood as a voluntary association of citizens, created with the aim of achieving political goals through the democratic formation of the political will of citizens and participation in elections. A political party in Serbia is granted the status of a legal entity from the date of its entry into the register of political parties.
 A distinctive feature of political parties in Germany is their ambiguous legal status. By their legal nature, they are private organizations, created in accordance with the norms of private law; however, they also possess a public character due to certain constitutional privileges, granted to them.
 The article explores the issue of the legal nature of political parties in Ukraine and the features that distinguish political parties from other public associations. The author examines the issue of the legal personality of political parties and points out that they possess two components - social and political.
 Furthermore, the article analyzes the criteria for categorizing legal entities as either private or public law entities in the law of Ukraine and in the law of France. In French law, such criteria include the following: the establishment of a legal entity originating from public or private initiative, the rules governing its creation, operation, and oversight by public authorities, the method of financing (public subsidies or mandatory payments), and the presence of public authorities

The Concept of A Perfect BUMDES Law Entity After Law No. 11/2020 on Working Creation in The Role of Increasing Village Income

BUMdes is a productive forum in encouraging the empowerment of economic potential in the village, in addition to its existence will be able to open up employment opportunities. This indicates that good management construction is also needed, a construction that supports efficiency so that the principle of independence in village development is realized. The priority of BUMdes is on economic benefits, in addition to social benefits, but the legal aspect must be a foothold. Not merely pursuing benefits just because of the new spirit. However, it is necessary to know the rules to understand the construction as well as the alternatives in it. Regulatory incompleteness (norm ambiguity), namely that based on Government Regulation Number 11 of 2021 concerning Village-Owned Enterprises, BUMdes is in the form of a legal entity, which in its explanation cannot be equated with PT and Cooperatives, while in terms of regulation, business entities can take the form of PT legal entities (Law Number 40 of 2007 concerning Limited Liability Companies). The purpose of this study is to analyze the BUMdes institutional model as a legal entity in Indonesia to increase village income. The method used in this research is normative legal research with statutory, conceptual, and philosophical approaches. The results of the study confirm that BUMdes has a goal as stated in the definition of BUMdes that BUMdes not only aims to increase Village PAD but also must prosper the Village Community itself so that the Legal Entity Form of BUMdes after work creation must be regulated so that it aims directly at the welfare of the village community.

Peranan Pengadilan Tata Usaha Negara Dalam Penyelesaian Sengketa Merek

As time goes by and the development of law in Indonesia, the trademark has become a symbol that has been integrated in the life of society. Given the importance of a brand, the brand must get a protection from each country. Protection of a trademark in Indonesia is regulated in Act No. 20 Year 2016 on Trademarks and Geographical Indications, one of the materials regulated in the Act is about the settlement of trademark disputes. The settlement of trademark disputes is resolved by two judicial bodies, namely the Commercial Court and the State Administrative Court. This research uses a normative juridical approach method with descriptive analytical analysis of legal materials. The results of this study found that the authority of the State Administrative Court (PTUN) is to examine, decide and resolve State Administrative disputes (TUN) in a dispute arising in the field of State Administrative law (TUN) between persons or civil law entities (members of the public) with agencies or TUN officials (government) within the scope of the central government also includes local government as a result of the issuance of a TUN decision (beschikking). State Administrative Court has a very important role in resolving trademark disputes on the basis of registered trademark owners object to the decision to remove the registered trademark on the initiative of the Minister.

Тypes of non-governmental human rights protection organizations

The article researched and clarified the types of non-governmental human rights organizations in Ukraine and the world and separated them from other institutions of civil society for the sake of a comprehensive understanding of their activities and prospects for the development of this institution.
 Increasing the role of non-governmental human rights organizations in the process of strengthening the legal culture of Ukrainian society and restoring social justice by counteracting violations of the legal rights of citizens by representatives of the authorities is an important indicator of the democratization of society. Such organizations provide public control over the activities of both state bodies and their officials, as well as over the activities of private law entities, which contributes to strengthening the positions of civil society in Ukraine as a state governed by the rule of law.
 Organizations that are part of human rights NGOs, whose activities concern the protection of human rights during the war, are particularly relevant in the conditions of Ukraine. The practical developments of these organizations can be used not only for the trial of war criminals, but also can be used by other states to protect war victims, document crimes against humanity, war crimes and prevent military actions in the world in the future.
 It was concluded that the classification of human rights NGOs is quite diverse. They are divided into international and national, depending on the type - into universal and specialized. In view of the military actions taking place on the territory of Ukraine, related to Russian armed aggression, the temporary occupation of certain territories and the threat of racism, it is proposed to divide human rights NGOs whose activities concern the protection of human rights during war into certain types, in particular, into: 1 ) organizations engaged in protecting the rights and interests of IDPs and other persons affected by armed aggression against Ukraine; 2) organizations collecting and documenting war crimes and crimes against humanity committed during the Russian-Ukrainian war; 3) organizations that protect the rights and interests of servicemen and their family members; 4) organizations that deal with issues of deoccupation and reintegration of captured territories of Ukraine (in particular, the East and Crimea).