Legal Entity Research Articles

Evolution of micro and SME's innovating senior management supply chains

Post-pandemic technology guides individuals to evolve strategic thinking by creating logistics solutions. The digital paradigm of MSMEs must innovate by linking administrative thinking with technology. Objectivity analyzes impacts on management 4.0 in supply chains, driving the individual to disrupt the logistics environment.The methodology is qualitative, descriptive. Using statistical samples. The design of the instrument consists of questionnaires that represent the main basis of impacts as an object of study, describing and analyzing survey results. The results represent 52% of MSMEs that sell online in Mexico and 48% sell through other channels, in addition productivity losses are explored with the impact of COVID-19. It is concluded that business evolution 4.0 generates adaptability to human evolution in the design of new visions of creating supply chains with a digital focus in the state of Mexico, resulting in an increase in operations by electronic commerce.Human evolution and its adaptation to a technological cognitive level is decisive to positively impact challenges in industry 4.0 and create strategies to balance occupational human wear to improve the quality of work and productive life in business entities.

Modeling the Management of Patent Activity of Economic Entities

Ratings of the inventive patent activity of researchers in the Republic of Belarus indicate the need to significantly increase the number of filed and registered patents in national and foreign authorities. In this regard, it is necessary to create mechanisms for managing the patent activity of business entities as the foundation for the innovative development of the country’s national economy. In this article, the authors identify specific steps to link the management of patent activity with the strategic goals of the entire economic entity. This allows you to experience real economic benefits and make the process of increasing patent activity economically justified. A strategic map for managing the patent activity of an economic entity is proposed as a model. Each goal is associated with indicators that measure the degree of its achievement and determine development prospects. The main stages of creating such a control system are considered.

WORK INJURY RATE IN THE SLOVAK RAILWAYS COMPANY IN CONNECTION WITH WORK SAFETY

Like all branches of our economy, also railway transport is based on long-term strategic plans whose aim is to create a transportation policy in order to achieve the most appropriate and equal conditions for all carriers. Coping with safety and hazard prevention must be based mainly on the capabilities of each business entity. The paper points out the issue of employees’ work safety in the Slovak Railways company in connection with the European legislation in the field of safety and health protection at work and its implementation into the laws of the Slovak Republic. It also discusses the issues of employees’ safety at workplaces and summarizes the duties of employees and employers in the field of health and safety protection in railway transport and deals with the implementation of European legislation into the laws of the Slovak Republic. The paper also analyses the safety of employees in railway transport in the form of a survey, whose aim is to determine the state of employees’ safety at workplaces and aims to confirm or refute hypotheses regarding the impact of the quality and effectiveness of internal safety regulations of the Slovak Railways on the safety of employees and also whether the employer implements sufficient measures in order to minimize possible accidents at workplaces.

Beneficiary Ownership in Financial Services Sector Conglomerates in Indonesia

This research aims to explore the implications of beneficiary ownership in financial services sector conglomerates in Indonesia on financial system stability. Because financial services sector conglomerates can obscure the true beneficiaries within the conglomerate in Indonesia. This can pose risks to the financial system. If one financial institution within the conglomerate fails, it can have cascading effects on other institutions within the conglomerate. This can lead to systemic crises, which can harm the overall economy. Therefore, the problem lies in how to uncover the true beneficiaries within a financial services sector conglomerate in Indonesia. This is a normative legal research, prescriptive in nature, employing a legislative and legal comparison approach. Secondary data used includes legislation such as the Limited Liability Company Law, Banking Law, Financial Sector Development and Strengthening Law, as well as the Financial Services Authority Regulation on Financial Conglomerates. Additionally, international journals and legal dictionaries are used as references, supported by empirical data in the form of interviews with the Financial Services Authority. Data is analyzed qualitatively, with conclusions drawn using deductive-inductive reasoning. An individual or legal entity as a primary entity that can control changes in the Articles of Association, Share Ownership Structure, replacement of directors, board of commissioners, control the company's finances, but the individual/legal entity is not listed in the company's articles, then can be categorized as a beneficial owner of a limited liability company. Similarly, in a financial services sector conglomerate existing in Indonesia, it can be proven by finding out who controls the conglomerate.

Modeling of Determinants’ Influence on Consumer Behavior Towards Counterfeit Products in Indonesia and Malaysia

This study investigates customer behavior in the context of purchasing counterfeit products. Specifically, it seeks to assess consumer awareness regarding value consciousness, ethical considerations, and legal sensitivity, which are believed to impact their attitudes and behavior. The study was carried out in both Indonesia and Malaysia. This study uses Smart PLS as a quantitative method and includes a sample of 360 respondents from Indonesia (180) and Malaysia (180) who have bought different types of counterfeit products. This study provides evidence that there is no significant disparity in the consumption intentions of counterfeit products between Indonesians and Malaysians since both nations display a similar trend. The results from both countries are in agreement, indicating that value awareness has a favorable and substantial impact on attitudes, personal gratification has an unfavorable and significant effect on attitudes, ethical sensitivity has a favorable and substantial impact on attitudes, and legal sensitivity has a favorable and substantial effect on attitudes. The impact of attitudes on behavioral intentions is positive and essential, as are subjective norms, perceived behavioral control, and habits. Policymakers must acknowledge this conclusion, as business entities that become victims of counterfeit products will inevitably encounter significant challenges if this issue remains unattended. The issue of counterfeit goods in Indonesia and Malaysia has substantial financial implications for both the government and enterprises. Consequently, law enforcement agencies assume a crucial role in addressing this problem.

Factor analysis influencing Mobile JKN user experience using sentiment analysis

<span lang="EN-US">Social security administration for health or Badan Penyelenggara Jaminan Sosial Kesehatan (BPJS Kesehatan), as a public legal entity, has a critical role in the health of the Indonesian population. BPJS Kesehatan introduced the Mobile national health insurance or </span><em><span lang="EN-US">jaminan kesehatan nasional</span></em><span lang="EN-US"> (JKN) application to enhance its services, enabling Indonesians to access it directly. Nevertheless, the rating of the Mobile JKN application on the Google Play Store has shown a gradual decline over time. Therefore, this study was conducted to analyze the factors influencing the user experience of the Mobile JKN application, utilizing the review data obtained from the Google Play Store. Sentiment analysis using the Naïve Bayes (NB) classification model and support vector machine (SVM) combined with synthetic minority oversampling technique (SMOTE) and slang word replacement. The results obtained an accuracy value of 93.33%, precision of 93.76%, recall of 93.33%, and F1-score of 93.43%. A further analysis was conducted using online service quality factors to obtain the main factors influencing the experience of Mobile JKN application users. The evaluation findings revealed that factors of security, ease of use, and timeliness are three fundamental aspects that should be given immediate attention by BPJS Kesehatan while improving the Mobile JKN application in the future.</span>

Main directions of ensuring national security and mechanisms of public administration under martial law

The task of ensuring national security is currently a key one for Ukraine, as a condition and goal of reforms in all spheres of state and social activity. The content of transformations in this area should be linked to ensuring and comprehensively strengthening Ukraine's sovereignty and preserving its territorial integrity. The current situation in the world is characterized by the presence of “points of tension”, the desire of other states to implement their geopolitical plans and unresolved social problems. In addition, the state is the main institution that creates appropriate conditions for the functioning of each business entity. In Ukraine, there is a need to define the benchmarks of the security system, study international experience and implement it in the process of improving national security legislation. The article examines and analyzes the theoretical foundations of the state management of national security development, reveals the essence of such concepts as “national security”, “economic security”; identifies the components of national and economic security of Ukraine; mechanisms of state management of economic security; characterizes three main types of security threats, namely: external and internal; real and potential; global, regional and local; identifies threats affecting economic security; develops recommendations for improving the effectiveness of the state management of economic security.

Application of Platelet-Rich Plasma as a Stem Cell Treatment - an Attempt to Clarify a Common Public Misconception.

In recent years, there has been a significant increase in the practice of regenerative medicine by health practitioners and direct-to-consumer businesses globally. Among different tools of regenerative medicine, platelet-rich plasma (PRP) and stem cell-based therapies have received considerable attention. The use of PRP, in particular, has gained popularity due to its easy access, simple processing techniques, and regenerative potential. However, it is important to address a common misconception amongst the general public equating to PRP and stem cells due to the demonstrated efficacy of PRP in treating musculoskeletal and dermatological disorders. Notably, PRP promotes regeneration by providing growth factors or other paracrine factors only. Therefore, it cannot replenish or replace the lost cells in conditions where a large number of cells are required to regenerate tissues and/or organs. In such cases, cell-based therapies are the preferred option. Additionally, other tools of regenerative medicine, such as bioprinting, organoids, and mechanobiology also rely on stem cells for their success. Hence, healthcare and commercial entities offering direct-to-customer regenerative therapies should not mislead the public by claiming that the application of PRP is a stem cell-based therapy. Furthermore, it is important for regulatory bodies to strictly monitor these profit-driven entities to prevent them from providing unregulated regenerative treatments and services that claim a broad variety of benefits with little proof of efficacy, safety concerns, and obscure scientific justification.

College Football “Kids”: Infantilizing Language in Football Bowl Subdivision Bowl Game Broadcasts

Paternalistic institutional structures are strategically arranged to maintain locus of control and preserve male-centric patriarchal authority. A confluence of cultural, social, and legal structures perpetuates paternalism within National Collegiate Athletic Association college sport and specifically in Football Bowl Subdivision (FBS) football. This study examined FBS bowl game broadcasts to determine the prevalence of paternalistic and infantilizing commentary. An analysis of in-game commentary from a sample of 18 FBS bowl games from the 2019 to 2020 season revealed that commentators frequently infantilize FBS football players, normalizing a paternalistic and exploitative coach–athlete relationship.

Academic service quality, student satisfaction and loyalty: a study at higher education legal entities in Indonesia

Academic service quality, student satisfaction and loyalty: a study at higher education legal entities in Indonesia

Research of the organizational culture of small business entities

The necessity of developing new approaches and techniques, adapting existing options for a deeper diagnosis of organizational cultures for small business entities (organizations) is actualized. The author's version of the understanding of the spheres and types of organizational culture is proposed, the results of diagnostics and a graphical representation of the profile of the organizational culture of small businesses in the field of consulting, based on the application of the methodology of the framework design by K. Cameron and R. Quinn, are presented. The specific features of the organizational culture of small business entities are highlighted.

Impact of Non-Agricultural Employment on Food Security in China’s Old Revolutionary Base Areas

With the growing trend of arable land abandonment, the potential threat to the security of the food supply has sparked public concern. In order to examine the impact of non-agricultural employment on food security, this study builds linear regression models for research based on panel data from counties in China’s old revolutionary base areas. The empirical results show that, although the impact of non-agricultural employment on total grain production is not significant, it has a significant negative impact on both area and productivity, which indicates that non-agricultural employment poses a challenge to food security. In addition, the study examines the potential benefits of non-farm employment on two aspects of food security, including intensive management and the increase of new business entities. Non-farm employment can also significantly promote intensive management, thereby reducing the food-security challenges brought by non-farm employment, while the benefits of new management entities are insignificant. These findings contribute to the optimization of economic policies related to agricultural development, including exploring land property rights reform systems to promote land transfer, strengthening labor quality improvement in the agricultural sector, and formulating supporting policies to stabilize non-agricultural employment in accordance with local conditions.

Tax control as a tool to curb the shadow economy

Subject. Numerous scientific works in the field of tax administration are devoted to the problems of tax regulation, the imperfections of current tax legislation, as well as the identification of the causes of the functioning of the shadow economy and ways of tax evasion. However, the issues of economic security of the state and tax control in its provision have been little studied today, despite the entry into force in the legal field more than six years ago of the Decree of the President of Russia dated May 13, 2017 No. 208 "On the Strategy of Economic Security of the Russian Federation for the period up to 2030". Thus, the object of the study is tax control, the subject is the effectiveness of on–site tax control as a factor in identifying and suppressing shadow activities in order to ensure the economic security of the country and its public legal entities. Purposes. To summarize approaches to the definition of the term "shadow economy", to distinguish methods for identifying factors of business fragmentation and optimizing the tax burden. Based on the data obtained, we propose an approach to the tax administration process that allows us to quickly respond to "risk signals" in the process of selecting candidates for tax control measures and further conducting tax audits, with a high probability of their effectiveness.Relevance. Tax control is an important regulator of the economic security of the state. The issues of its improvement in order to increase its efficiency and effectiveness have been important at all times. Currently, issues related to the shadow economy are one of the urgent problems affecting the economic development of the country and the functioning of tax systems. Understanding the term "shadow economy" and developing effective counteraction methods are important for tax authorities and society as a whole.Methodology. In the existing conditions of the study, the analysis of the database of tax authorities is carried out (without providing information about taxpayers), the analysis of judicial practice, and methods of logical and statistical analysis are also used. Thus, in the course of the study, the works of foreign and domestic authors were analyzed in order to study the terms "shadow economy" and "business fragmentation". The data of statistical reporting of tax authorities are analyzed, the dynamics of efficiency and effectiveness of on-site tax control are analyzed. The arbitration practice of court cases on the application of business fragmentation schemes by taxpayers has been studied and analyzed, which made it possible to identify a number of distinctive features of business fragmentation from its optimization in order to ensure the sustainable development of organizations (taxpayers) and, based on these indicators, propose a methodology for identifying tax evasion schemes in order to select candidates for on-site tax control.Conclusions. The conducted research allows us to develop the theoretical aspects of such concepts as "shadow economy" and "business fragmentation". Having analyzed the works of domestic and foreign researchers, the author substantiates his definition of the concept of "business fragmentation". The author provides a system of the most significant indicators that can be fully taken as the basis for risk benchmarks signaling the use of fictitious tax optimization schemes by the taxpayer.

Is the Path to Citizenship through Property Investment Possible in Russia?

Introduction. Real estate has undoubted investment advantages. Moreover, in a number of countries it is a bridge for simplified obtaining a residence permit or even citizenship. In Russia, the legal regime of immovable property undoubtedly has a number of advantages. The very possibility to have property on the right of private ownership (including land plots) gives owners confidence in the possession and use of real estate. The legislation on real estate is characterized by stability and is less susceptible to change. Low rates of property tax calculated on the cadastral value of the property facilitate the acquisition of real estate. The variety of real estate objects allows citizens and legal entities to own residential and non-residential premises and parking places. With the development of digitalization of state administration, the registration of rights to immovable property has become as simple and accessible as possible, allowing owners to protect their property from fraudulent schemes. Property prices in Russia are steadily rising, which also stimulates investment in this sector. Whether investments in real estate contribute to obtaining citizenship of the Russian Federation in an accelerated (preferential, facilitated, etc.) manner will be shown in this article. Materials and methods. This study is based on: 1) the totality of such methods of scientific cognition as: the dialectical method, which allowed to connect the theory of civil and land law and the practice of the Constitutional Court of the Russian Federation; the formal-legal method allowed to analyse legislative norms; the system method allowed to consider the institute of national treatment of foreign citizens in Russia as a system with internal unity and interrelations with other institutions of law (the institute of citizenship, the institute of property rights, etc.); 2) the results of the author's survey of the moderators of My Hectar Programme regarding the demand of foreign citizens for land plots sold under the Programme; 3) analysis of the Decisions of the Constitutional Court of the Russian Federation. Research results. The study found that in Russia, at the constitutional level, foreign citizens are granted national treatment, exceptions to which are provided for by federal laws. Restrictions on the rights of foreigners are stipulated by a number of federal laws. For example, civil legislation has traditionally prohibited ownership of certain categories of land plots. As a response to western sanctions, in March 2022 a special permissive procedure was introduced for citizens of unfriendly countries to acquire ownership of real estate. The legislation on citizenship of the Russian Federation does not provide for any privileges for foreigners to obtain citizenship through investments in the country's economy in general, in real estate and business in particular.Discussion and сonclusion. The Russian Federation policy regarding the rights of foreign citizens to immovable property should continue to be aimed at maximum protection of the interests of national security and sovereignty of the country, and priority opportunities for Russians to acquire real estate. Certainly, the state should stimulate foreign investment. However, in the conditions of aggravation of international relations and threats to Russia's national security, it would be advisable to introduce a permissive procedure for the acquisition of real estate for all foreign citizens, taking into account the foreigner's occupation and the purpose of acquiring real estate, sources of his income, possible links with organizations banned in Russia.

지속가능한 자연생태계 보존을 위한 자연의 권리 연구

The Civil Law limits the qualifications to have legal personality to ‘persons (natural persons or corporations).’ However, since the 1970s, the opinion that there is a need to extend the legal qualifications for rights subjects, which are limited to humans, to include nature or natural components has emerged as a major concern in law. This is a discussion about the so-called rights of nature. A representative recent example is the Republic of Ecuador. In September 2008, Ecuador revised its constitution and established a new regulation recognizing the rights of nature, thereby providing a constitutional basis for nature to protect its own right to survival. Meanwhile, Republic of Bolivia became the first country to recognize the rights of nature in law by enacting a law declaratively defining universal rights to the rights of nature in December 2010. And Republic of Colombia does not have provisions on natural rights in its constitution. However, the Constitutional Court and the Supreme Court recognize the existence of natural rights by actively interpreting environmental rights and the relationship between nature and humans from the perspective of ecocentrism. Article 35 of the Constitution of the Republic of Korea also provides for environmental rights. However, this is not intended to recognize nature as a subject of rights, or to protect the intrinsic value of nature itself or the ecosystem. Nature and its components are recognized only as tools for human benefit. However, with this human-centered view of nature, it is impossible to fundamentally resolve today's natural destruction and the resulting climate crisis. Therefore, in order to ensure a sustainable natural ecosystem for future generations, theoretical attempts are underway to grant a certain legal status to non-human nature or natural objects. In this paper, I reviewed the concept of the rights of natural objects other than humans or nature itself among the subjects of nature, as well as domestic discussions and major overseas cases regarding natural rights. And a plan for domestic acceptance of natural rights was sought.

Inheritance and Heirs in Roman Law: Impact on Modernity

Introduction. The article examines the main provisions of the Roman legal tradition on inheritance in the context of the development of modern legislation in the field of regulation of hereditary legal relations. The article consistently examines the trends in the legal regulation of hereditary relations in the ancient Roman state, both in relation to the normative content of legislation and in relation to the evolution of individual legal means. Using the example of individual institutions of inheritance law – the inheritance contract, unworthy heirs – the article demonstrates the influence of Roman law on modern Russian legislation. An urgent issue for consideration is also the separation of hereditary property, which was solved in a peculiar way in Roman law. The question is raised about the possibility of adapting certain elements of the Roman legal tradition to the modern conditions of the development of hereditary legal relations.The article is based on the analytical approaches generally accepted in the doctrine of private law to understanding the nature of hereditary relations in ancient Roman legislation, based on commonly used terms. The analysis of inheritance in Roman law is based on historical sources (Digests, Institutions).The hypothesis of the article is to recognize the decisive influence of the main legal structures of ancient Roman legislation on the modern inheritance law of the Russian Federation.Materials and methods. The methodological basis of the study was the tools of the general scientific apparatus and special legal methodology. The article uses the historical-legal, formal-legal, comparative-legal method. The general scientific methodology is represented by the method of analysis, the formal-logical method, the dialectical method.Results of the study. As a result of the analysis, it was revealed that Roman private law is a unique historical and legal phenomenon that had a decisive impact on the development of the legislation of the states of the continental legal system on inheritance. The influence of the legislation of Ancient Rome on inheritance and heirs on the civil law of the Russian Federation, in particular the institution of unworthy heirs, where the unworthy heir initially had a positive appearance, and subsequently lost this status due to misconduct, is demonstrated. The current trends in the development of modern legislation of the Russian Federation on the inheritance contract, on separate hereditary property in the context of the influence of key ideas of Roman jurisprudence are considered.Discussion and conclusion. The influence of the legislation of Ancient Rome on inheritance and heirs on the civil law of the Russian Federation is also obvious. The influence of the Roman private law tradition on the civil legislation of the Russian Federation is considered in the context of the reception of universal hereditary succession, as well as the features of singular succession.The doctrine of hereditary succession is organically formulated by the civil law of the Russian Federation and has been further developed. The key elements of the modern system of inheritance law make it possible to overcome the limitations of the classical Roman legal tradition and ensure that legislation complies with current trends in the development of hereditary legal relations of individual institutions of inheritance law - inheritance contract, unworthy heirs, separation of family property.

The Existence of Individual Companies As Legal Entities In Micro and Small Enterprises In Indonesia: A Review of The Problems of The Alter Ego Doctrine

The enactment of the Job Creation Law affects the provisions of Limited Liability Companies. The mechanism for establishing an Individual Company which is explained implicitly in the Company Law and the Job Creation Law raises issues related to the process of organ responsibility in an Individual Company which states that directors can concurrently hold positions as shareholders and vice versa. One of the problems of the presence of Individual Companies in MSEs in Indonesia is the birth of Alter Ego conditions. The solution to limit the unlimited liability of corporate organs is that the government needs to strengthen and reinforce the doctrine of Piercing the Corporate Veil for Individual Companies and provide legal certainty regarding the regulation of corporate organs in the Company Law and Government Regulation No. 8 of 2021. This article examines the existence of individual companies in the context of micro and small businesses in Indonesia. The focus of the analysis lies on the concept of the alter ego doctrine which often becomes a problem in business practice. This research utilizes a document analysis approach and literature study to explore the legal and practical implications of the alter ego doctrine on individual companies in Indonesia. The analysis shows that the alter ego doctrine has a significant impact on the personal liability of micro and small business owners. The implications of these findings are discussed in the context of business regulation and legal protection for micro and small business owners in Indonesia.

In Search of Fundamental Fairness and Equal Protection: The Role of the U.S. Supreme Court in Shaping American Democracy

In July 2023, the U.S. Supreme Court ruled on two cases: Students for Fair Admissions vs. the University of North Carolina and Students for Fair Admissions v. President and Fellows of Harvard College, effectively prohibiting the use of race as one of many factors in college or university admissions decisions. To explore these two cases, we conducted a content analysis of the legal briefs, the final court ruling, concurrences, and dissents. In its ruling, the Court did not overturn precedents upholding affirmative action, but the majority interpreted those prior cases in such a way that makes it impossible to justify the use of race in college admissions. Although these cases are from the context of higher education, the ruling highlights the fragility of affirmative action generally and may challenge the legal and regulatory structure that underpins many other important civil rights issues.

STATE-BASED ONLINE RESTRICTIONS: AGE-VERIFICATION AND THE VPN OBSTACLE IN THE LAW

Since the inception of the internet, the availability of online pornography to minors has been a major concern, and the federal government has tried and failed to effectively prohibit minors’ access to these materials online. Some states have enacted legislation to force commercial entities distributing this harmful material online to enact reasonable age-verification. These “porn” statutes may be subject to constitutional challenges on the basis of overbreadth and privacy. Outside of potential constitutional challenges, these laws are indicative of a potential national trend in state-created online pornography restrictions, and the issues of ineffectiveness and inconsistency present within the laws themselves merit an analysis. Additionally, this paper will use these recent laws and their issues as a basis to explain the place of virtual private networks (“VPNs”) in the law. Particularly, VPNs are the most common method to circumvent state-enforced online regulation and yet they tend to be ignored or overlooked by statutes despite their popularity. Causing VPN companies to profit from these “porn” law restrictions, by giving online, and potentially minor, users the ability to ignore most age-verification measures put in place by these laws. Keywords: State-Based, Online Restrictions, Age-Verification, VPN

Determining the parameters of budget financing of agricultural production of the regional economy of the agroindustrial complex

The results of a study on determining the parameters of budget financing of agricultural production in the regional economy of the agroindustrial complex are presented. At the same time, their target levels are calculated based on the conditions of production and business: climatic, socio-economic, organizational and administrative. The proposals can be used by government agencies in the formation of a regional agrarian financing policy, and by business entities in setting target levels of commercial activity indicators.