Legal Entity Research Articles

Public attitudes and emotions toward novel carbon removal methods in alternative sociotechnical scenarios

Abstract Despite high expectations about the role of carbon removal in meeting global climate targets, many of the proposed techniques remain nascent. This is especially so for techniques with potential for large-scale, permanent removal of CO2, such as direct air carbon capture and storage (DACCS) and ocean alkalinity enhancement (OAE). In such a context, understanding public attitudes is crucial but challenging, since we do not have enough information about the sociotechnical configurations which might accompany such proposals over future timescales. Carbon removal at scale will not take place in a vacuum—it will co-evolve within political, social, economic, and legal structures which in turn will have a strong influence on public attitudes. This study used a nationally-representative survey (n = 1978) in the UK to test the impact of alternative sociotechnical systems on public attitudes to DACCS and OAE. Participants were randomly assigned to one of five scenario conditions, representing different forms of governance logic (top–down vs bottom–up) and market logic (planned vs liberal economy), plus one with minimal sociotechnical information. We find that the scenario condition significantly impacted perceptions of OAE, with participants preferring its implementation within a bottom–up, planned economy scenario, and rejecting scenarios which most closely resembled the status quo. There were no significant differences between scenarios for DACCS, suggesting that the technology may be more flexible across alternative sociotechnical arrangements. OAE arouses more negative emotions, particularly worry about impacts on ocean ecosystems, whereas DACCS arouses more hope. We found that climate worry is associated with stronger emotions—both positive and negative—toward both techniques, thus carbon dioxide removal (CDR) could be polarising for the most climate-worried, likely due to tensions between climate urgency and concerns about deterring emissions reductions. The most important criteria for future CDR deployment were deemed to be biodiversity, durability, and cost, with a strong discourse around the current cost-of-living crisis.

Legal approaches to vindication of real estate by public legal entities

Legal approaches to vindication of real estate by public legal entities

The subject of law as a formall-ydogmatic model of human in legal reality: anthropological and legal analysis

The article is devoted to the study of the subject of law as a formal-dogmatic model of a person in legal reality. The process of the doctrinal formation of the subject-legal model is traced, four methodological transitions in the legal view of the subject of law are distinguished. The importance of an anthropological and legal approach to understanding a person and his behavior in modern legal reality is substantiated. The anthropological and legal approach is based on the idea, that law is inherently human phenomenon, the main goal and value of which is the person himself, and not his subject-legal model. In this regard, it is proposed to recognize the official nature of legal-conceptual design in relation to the teachings of a person in law. Despite the fact that the formal-defense method underlies the legal regulation of social relations and the legal means created with its help are a guarantee for a person as the main legal value, nevertheless, it is a person, and not his legal structure, is a central element of legal reality and legal system. To know the anthropological and legal properties of a person and their use in legal regulation, an additional level of legal representation of legal personality in relation to the formal-defendant is proposed.

Features of management decisions in enforcement agencies

The article examines the features of managerial decision-making in such public authorities as enforcement agencies. The author considers management decisions in enforcement agencies from the point of view of the phonomena of their legal status, in particular, as a tool for ensuring the enforcement of an authoritative decision of a judge, judicial authority, other public authority, official in relation to a single legal entity: a citizen, an organization, a public authority. This proves the importance of the role of management decisions in ensuring human and civil rights as the highest value, authoritative publicly significant decisions on the scale of the entire state. Adhering to a broad interpretation of the definitions of the concepts of “public administration”, “act”, the author comes to the conclusion that the management decision — this is a process that requires formalization, and which permeates the entire activity of the enforcement authority, in particular and mainly, illustrating the process of enforcement proceedings, asserts that a management decision accompanies it from the moment of receipt of the enforcement document to its completion, says that as long as the state exists, it will need tools for the enforcement of authority decisions, and therefore in a management decision. According to the author, a legally significant managerial decision of the enforcement body, its official, is based on a triad of conditions on the basis of which it is made: legislative, jurisdictional, competent; it takes the form of a legal act of management, the main of which is a resolution. In addition to resolutions, the author names such forms of management decisions as a request, a bilateral act and others, arguing his position from the point of view of a broad understanding of the term “act”. The author comes to the conclusion that the adoption of a managerial decision in enforcement proceedings is a vivid example of a combination of administrative procedure and specific administrative and jurisdictional proceedings, characteristic only of a bailiff conducting enforcement proceedings, in the unity of conditionally allocated types of administrative procedural activities.

Features and limits of delinquency of minors in relations of a diversified type

In the article, the author examines the features of one of the elements of the legal personality of minors, their delictability, and determines its specificity in relations of a diverse type (civil, family, procedural, labor, criminal) with their participation. The author identifies the sectoral features of his delictability, due to the essential influence of his individual criteria, physical and social maturity, belonging to a special subject of responsibility and the content of industry norms defining the basis and conditions of his responsibility. The author proves that at the present stage of development of the legislation of the Russian Federation, the norms defining the responsibility of minors require regularity and systemic changes, in particular the theoretical and practical need for the allocation of so-called special torts. The article argues the conclusion about the need to take into account in tort obligations the responsibility not only of minors and their legal representatives in cases of their lack of proper performance of rights and obligations towards a minor, but also to take into account current trends in the development of legislation that allow considering the issue of reciprocal responsibility of legal representatives to minors.

The Essence and Legal Nature of Political Rights and Freedoms in the System of Other Human Rights

Examines the essence and problems of determining the legal nature of political rights and freedoms in the system of other human and civil rights from the point of view of the theory of natural and positive human rights; The doctrines of scientists regarding the classification of political rights, their criteria, correlation with personal, socio-economic rights are revealed within the framework of constitutional legal personality. The author concludes that, unlike other fundamental rights, political rights and freedoms, while not being absolute rights, are mainly associated with the institution of citizenship; implemented in an individual and collective format, and the essence of these rights depends on the level of development of the democratic mechanisms of the state, in creating the necessary conditions for the active participation of citizens in the management of affairs of state and public importance.

“The right to die”? On voluntary retirement and related obligations of the state. A study based on the law enforcement practice of the Highest Courts of Germany and the ECHR

The article examines the problems of the “right to death” – a constitutional and legal guarantee that recognizes the right of a person to end his own life at his discretion. This issue was initially considered as a downside, a kind of negative dimension of the right to life (Part 2 of Article 2 of the Basic Law of Germany). However, the focus has changed over time; the discussion is currently being conducted in the context of the right to personal self-determination. Within the framework of this article, the analysis is carried out on the basis of the law enforcement practice of the highest courts of Germany and the European Court of Human Rights. The point of contact of the German courts can be considered the recognition of the right to voluntary retirement as an act of individual self-expression, the realization of personal choice. The legal structure of the right to personal self-determination presupposes the establishment of a close connection between the right to general freedom of action (Part 1 of Article 2 of the Basic Law of the Federal Republic of Germany) and the guarantee of human dignity in accordance with Part 1 of Article 1 of the Basic Law of the Federal Republic of Germany. At the same time, the counterargument is not considered convincing, according to which the recognition of the “right to death” entails the impossibility of further personal self-realization and therefore contradicts the “life-affirming” spirit of the Basic Law, expressed, in particular, in part 2 of Article 2, since the very realization of the desire to end life is considered as an act of self-realization, which falls under constitutional protection. This constitutional and legal concept, developed by the Constitutional Court of the Federal Republic of Germany, is shared by the rest of the highest judicial instances of Germany, which complement it, in particular, by establishing state obligations to assist persons who wish to voluntarily end their own lives. The European Court of Human Rights has not yet had the opportunity to express its position on this issue, however, trends in the development of its law enforcement practice indicate that it is likely sooner or later to join the legal line of the German courts. The author identifies the argumentative shortcomings of the fundamental prerequisites for justifying the right to voluntary retirement, demonstrating not only their internal inconsistency, but also the inadmissibility of the consequences that state support for suicidal aspirations of citizens will lead to.

Правосубъектность органов публичной власти в публичном праве

The article is devoted to the issues of the legal nature and specificity of the legal personality of public authorities in public law; correlations between different types of their legal personalities are examined in the article. Based on the analysis of the legal regulation of legal entity of public law and its legal personality, the conclusion is made that the legal personality does not reflect all specifics of the legal personality of public authorities.

Применение к юридическим лицам корпоративного штрафа в Финляндской Республике

The article is devoted to the Finnish legislation on the criminal liability of legal entities, which consists in the application in court of a criminal sanction to a legal entity for a crime — a corporate fine. The general conditions for applying a corporate fine to legal entities are given; the procedural procedure and practice of bringing legal entities to criminal liability are considered.

Конституционный контроль: принцип верховенства Конституции РФ

In the science of constitutional law, constitutional legality is mainly understood as the mandatory execution and observance of the Constitution of the Russian Federation and the laws corresponding to it by all authorities, officials, individuals and legal entities. At the same time, the quality of normative legal acts adopted in pursuance of constitutional norms and their compliance with the basic law plays an important role in this process. In order to ensure the unity of the legal space, the principle of the supremacy of the Constitution in constitutional control is decisive. Ensuring such supremacy is the main task of all public authorities.

К вопросу о понимании объективного и субъективного права в отечественной государственно-правовой доктрине конца XIX – начала ХХ в.

In article features of teoretiko-ideological understanding of the subjective and objective beginnings in the right in Russia at the beginning of the 20th Century as basic provisions of state and legal regulation and also the understanding of category “legal entity” caused by these provisions are considered. State and legal views on the matter of such domestic jurists as F.F. Kokoshkin, A.D. Gradovsky, N.N. Rozin are analyzed; also for comparison by the author views of representatives of the Western European legal thought are given.

Special Legal Regulation of the Procedure of Bankruptcy of Legal Entities Operating in the Utilities Sphere

Special Legal Regulation of the Procedure of Bankruptcy of Legal Entities Operating in the Utilities Sphere

The Dilemmatic of the Absence of a Notary’s Deed in an Individual Company after the Enactment of the Job Creation Law as a Form of Legal Certainty

The existence of an Individual Company, which aims to ease abbreviate by reducing or simplifying the rules, raises a dilemma in its regulation which shifts the meaning of a company as a legal entity. The method used is normative legal research, with the legal approach used is conceptual and statutory approach. The existence of an Individual Company as a legal entity that can be recognized as a legal subject is only passed with a Statement of Establishment of an Individual Company and registered to the Ministry of Law and Human Rights based on the Job Creation Law. The convenience found was only based on an economic point of view. Practically speaking, there are more hazards in the society. As an example, the Individual Company credit facility, which is hesitant to be granted by the bank as the creditor because it is still categorized as individual credit. Although it has the status of a legal entity, its establishment by one person and without a Notary may not ensure certainty for all parties in the Individual Company.

Polyarchy and societas: an extended continuum of discrete structural alternatives

Abstract Horizontal, multilateral and polycentric forms of governance, albeit important in reality, represent a challenge for the now dominant use of the ‘market and hierarchy’ continuum of structural alternatives. This paper proposes a broader characterisation of both poles of the continuum of governance forms that would enhance the understanding of both intra- and inter-organisational governance. One side of the continuum would encompass examples of ‘societas’, for example, legal entities (among which firms) unifying property rights and deliberately coordinating actions through a wide set of voice-based mechanisms, including non-hierarchical ones. The other side of the continuum would encompass ‘polyarchies’, that is, forms of decentralised coordination among nodes deciding autonomously, but not necessarily linked by transactions of goods and services coordinated by prices, such as market exchanges. This paper uses several cases from the agri-food sector to show that many ‘strange’ unclassified forms can be described, explained and assessed as hybrids between polyarchy and societas. The final section of the paper proposes some refinements in the independent variables to be used in the comparative assessment of organisation forms and new propositions that can be derived for future research.

Piercing the corporate veil in Mauritius: a comparative study with the United Kingdom

Purpose The purpose of this paper is to bring clarity to the concept of piercing the veil of incorporation in Mauritius. This will allow students, researchers, academics and practitioners to engage further in research on the topic of incorporation of companies. Design/methodology/approach To conduct the study, the doctrinal legal research approach will be used. The inquiry will examine the numerous laws and case laws that permit the lifting of the corporate veil, so exposing the agents of the corporation to accountability on both a criminal and civil level. A comparison of Mauritius and the UK legal systems will be conducted to assess the efficacy of the former. Findings There are significant loopholes in the legislative framework of Mauritius regarding various corporate offences that are highly encouraged because of the limited circumstances under which courts may lift the corporate veil. There is a need for specific legislation to be enacted by Parliament to address these specific offences. Inspiration should be drawn from the UK’s robust legislative framework on the matter. Originality/value Literature on the subject in Mauritius deals mostly with factual information on the doctrine of separate legal personality and the various exceptions under which the veil of incorporation may be lifted. However, there is a scarcity of research on the various fraudulent activities and their implications on the company that go unnoticed and unpunished because of loopholes in the legal framework. This paper attempts to fill this important gap.

Cybercrime and its Implications on the Economy of Nigeria

One of the tenets of globalization is the advancement of Information and Communication Technology (ICT) mainly achieved through computer interconnectivity enabled by the internet in a presumed market place known as cyber space where both buyers, sellers and users in the form of individuals, corporate bodies and government meet. These interconnectivity brought about economic opportunities and inclusion. One of the areas so developed is the e-commerce sector where communication and interactions in the form of transaction is hinged on instant exchange of information, goods and services but, as friendly as these interactions are, they are not without their consequences- Cybercrime is one which often comes with huge financial loss and economic impact. Nigeria in its quest to liberalize trade and digitalize its transactions adopted the use of emerging technologies and services to drive the change but the tools and methods used to enhance the transactions are oftentimes misused by cybercriminals to their benefit thereby causing huge financial losses for the victims and invariably impact negatively on the economy. This research reviewed some existing literature on the subject of cybercrime, and its manifestations within the financial sector while relying on the Social Learning Theory as the reason for the prevalence of cybercrime among youths. Data was drawn and questionnaires administered. Analysis was done using CHI square in the Statistical Package for Social Sciences (SPSS). The study, therefore, concluded that there is a significant relationship between Cybercrime and the Nigerian economy and that Cybercrime had impacted negatively on the growth and development of the digital economy, in particular, and the Nigerian economy at large. Finally, the study offers solutions on how the Internet can engage the various Internet-based platforms, particularly calling on institutions responsible for combating this crime to put every effort required to end this menace.

Reflecting Pancasila in Environmental Crimes Enforcement: Diffusing Values to Indonesia’s Laws

Pancasila and the 1945 Constitution play crucial roles in shaping Indonesia's governance, societal values, and legal framework, particularly in safeguarding the right to a clean and healthy environment. However, environmental destruction persists due to inadequate corporate accountability enforcement and systemic flaws. Hence, the article examines Indonesia's regulatory approach to holding corporations accountable for environmental crimes through the lens of Pancasila. It explores how Pancasila's principles influence environmental regulations, emphasizing nature harmony, fair treatment, and social justice. Effective enforcement aligned with these principles can promote sustainable development and environmental protection. Challenges like regulatory gaps and corruption need addressing. Building an optimal framework entails integrating Pancasila values into preventive and punitive measures, ensuring transparency, community participation, and fair enforcement. Success hinges on robust legal structures and public involvement, with initiatives like corporate collaboration, transparency, and strict liability enforcement. Implementation requires the establishment of mechanisms such as an Environmental Court and community oversight for victim recovery. This article uses a normative approach elaborated through a conceptual and statute approach.

ОТ ПОЛИГОНА К КАРБОНОВОЙ ФЕРМЕ: БИЗНЕС-МОДЕЛЬ

In the context of the climate agenda, a systematic presentation of the scientific, methodological and educational tasks of the carbon landfill is given, the «carbon theme» is designated and the subprocesses (main, accompanying, providing and managerial) of the carbon sequestration process implemented on carbon farm plantations as a potential business-process are highlighted. Based on a comparison of well-known approaches to business modeling of entrepreneurial activity, a research hypothesis was formulated and the interpretation, composition of elements of the carbon farm business model, its value proposition were clarified, and the uniqueness of the final product (services for the absorption and sequestration of carbon by «air-plant-soil» ecosystems) was noted. The distinctive characteristics of the dynamic, complex, sensitive and multifactorial natural process of decarbonization as the basis of the operating cycle are substantiated. It is shown that biological features of the business process generate various risks, this does not guarantee sustainable profit generation. A three-link value chain and a business-model mind-map are proposed, which can serve as a working tool for planning, monitoring, diagnostics and critical analysis of the commercialization of an ecosystem service in the context of the emerging sequestration (decarbonization) industry. The scientific novelty of the work consists in adapting the management template «business-model» proven by the practice of industrial enterprises in relation to the new ecosystem service «decarbonization», which is a natural result of the transformation of carbon polygons into carbon farms as business entities.

Model of a system for the formation of sustainable producers of vegetable and fruit products with trade

Scientific principles and tools for managing agricultural production (taking into account its specifics) are analyzed. A conceptual model is proposed for the formation of sustainable relationships between producers of vegetable and fruit products and the trade sector. It can be used as a methodological basis for the development by business entities of local regulations and a system of contractual relations, which will help increase the value of the organization’s intangible asset (goodwill).

Socio-economic characteristics of small enterprises in the aspect of risky circumstances

The article considers the characteristics of small business entities in the context of risky circumstances. The socio-economic characteristics of small enterprises are analyzed taking into account the new crisis phenomena and their influence on the construction of management strategies. In the process of research the interrelation between these characteristics and risk factors is established, the necessity of actualization of existing approaches and methods of management of small enterprises is proved. Methods of search, analysis and generalization of information were used. The sociological interpretation of the concept of “risk” in historical retrospect and taking into account modern approaches is given, as well as the main provisions of risk concepts are given. Among the key ones are socio-economic characteristics of small enterprises interrelated with risky circumstances. Limited capital investments, small number of employees, the need to fulfill social obligations, relatively low level of income, simpler organizational structure, uniqueness of goods and services produced, localization of markets, significant social burden are highlighted. It is concluded that modern transformations in various spheres of society increase the probability of crisis processes. At the same time, the level of risk is interrelated with the socio-economic characteristics of small enterprises, which are more exposed to risk consequences. Small business shows significant adaptive capabilities and readiness to quickly change management tactics in terms of predicting and regulating risks.