Legal Entity Research Articles

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.

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.

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.

METHODOLOGY OF USING VIRTUAL ASSETS AS MEANS OF PAYMENT AT THE FIAT LEVEL: PROBLEMATIC ISSUES IN UKRAINE

The FinTech sector, as one of the dynamic parts of Ukraine's economic frontier, has not only withstood the challenges of one of the most difficult times of independence, but has also continued to develop despite all the difficulties of the difficult time, and often despite it. The purpose of the article is to study the legal framework and methodology for the use of virtual assets as a means of payment in Ukraine before and after the entry into force of the cryptocurrency- specific Law No. 2074. Methodology. Both general scientific and special legal research methods were used to achieve the purpose of the study. The scientific novelty is an attempt to provide a legal assessment of the existing methodology for conducting increasingly popular transactions with virtual assets through the acquiring mechanism, against the background of an almost non-existent legal framework for their regulation. Conclusions. In fact, there is a paradigm in Ukraine regarding the recognition of virtual assets as means of payment. On the one hand, formally, at the legislative level, there are no plans to recognize virtual assets as a means of payment after the entry into force of Law 2074. On the other hand, from a practical point of view, before the entry into force of Law 2074, virtual assets are increasingly accepted as a means of payment in Ukraine. Prior to the entry into force of Law 2074, banks and cryptocurrency exchanges must act as tax agents in acquiring transactions for the purpose of payment for services and goods. Amendments to the Tax Code of Ukraine for the entry into force of Law 2074 do not provide for withholding tax when paying income to an individual from transactions with virtual assets. This will not contribute to the timely and full payment of taxes to the budget. The widespread use of cryptocurrencies directly in payments for goods and services in Ukraine, without official acquiring operations, before the entry into force of Law 2074 may have certain negative tax consequences for business entities.

METHODOLOGY OF USING VIRTUAL ASSETS AS MEANS OF PAYMENT AT THE FIAT LEVEL: PROBLEMATIC ISSUES IN UKRAINE

The FinTech sector, as one of the dynamic parts of Ukraine's economic frontier, has not only withstood the challenges of one of the most difficult times of independence, but has also continued to develop despite all the difficulties of the difficult time, and often despite it. The purpose of the article is to study the legal framework and methodology for the use of virtual assets as a means of payment in Ukraine before and after the entry into force of the cryptocurrency- specific Law No. 2074. Methodology. Both general scientific and special legal research methods were used to achieve the purpose of the study. The scientific novelty is an attempt to provide a legal assessment of the existing methodology for conducting increasingly popular transactions with virtual assets through the acquiring mechanism, against the background of an almost non-existent legal framework for their regulation. Conclusions. In fact, there is a paradigm in Ukraine regarding the recognition of virtual assets as means of payment. On the one hand, formally, at the legislative level, there are no plans to recognize virtual assets as a means of payment after the entry into force of Law 2074. On the other hand, from a practical point of view, before the entry into force of Law 2074, virtual assets are increasingly accepted as a means of payment in Ukraine. Prior to the entry into force of Law 2074, banks and cryptocurrency exchanges must act as tax agents in acquiring transactions for the purpose of payment for services and goods. Amendments to the Tax Code of Ukraine for the entry into force of Law 2074 do not provide for withholding tax when paying income to an individual from transactions with virtual assets. This will not contribute to the timely and full payment of taxes to the budget. The widespread use of cryptocurrencies directly in payments for goods and services in Ukraine, without official acquiring operations, before the entry into force of Law 2074 may have certain negative tax consequences for business entities.

DIRECTIONS AND PROCEDURE FOR COORDINATION OF MATERIAL AND PROCEDURAL NORMS OF FINANCIAL LAW IN REGULATING THE BEHAVIOR OF SUBJECTS OF TAX RELATIONS

The article is devoted to the analysis and coordination of material and procedural norms of financial law in the context of regulating the behaviour of subjects of tax relations. The author examines the main directions and order of interaction of legislative acts, doctrinal positions aimed at regulating the financial aspects of taxation, with the aim of harmonizing these norms for effective control and ensuring compliance with their requirements. The article highlights the important aspects of the influence of material norms on the tax practice of subjects, defines the key aspects of legal personality in the taxation system and argues for the need to harmonize the material and procedural aspects of financial law. The article examines in detail the tools and mechanisms of coordination of material and procedural aspects of financial law to ensure the effective functioning of the taxation system and reduce the risks of violations. The author analyses the relationship between legal standards and real practice in the field of tax relations, taking into account economic and social factors affecting the behaviour of tax subjects.

Legal Structure of Complex Employment Modes for Takeaway Platforms in the Context of Low Carbon Economy

Legal Structure of Complex Employment Modes for Takeaway Platforms in the Context of Low Carbon Economy

Strategi Pemasaran Dana Simpanan Pada Produk Sihari Dalam Upaya Meningkatkan Jumlah Anggota Koperasi di KSPPS BMT Berkah Kabupaten Ciamis

Cooperatives adhere to the concept of mutual cooperation. It can be said that cooperatives have an important role in improving the welfare of their members, especially society as a whole. There are those who argue that cooperatives play an important role in improving the welfare of their members, especially the wider community. Another type of company that has family values is a cooperative, this is what differentiates cooperatives from other business entities. SIHARI products have experienced fluctuations in the number of members over a period of time. With the increase and decrease in the number of members, of course there is a marketing strategy implemented by KSPPS BMT Berkah Ciamis to attract members. The following is a table showing the number of members. The aim of conducting this research is that researchers are interested in knowing the marketing strategy for savings funds in SIHARI products in an effort to increase the number of cooperative members at KSPPS BMT Berkah Ciamis. This research uses qualitative methods obtained from observations, guidelines, interviews, questionnaires, and other commonly used instruments that can also be used, but only as research support for researchers who act as the main instrument. The results stated that in the research BMT made visits to prospective members' homes. Apart from that, there are no aspects of fraud and coercion in the promotions carried out. Every year, the number of SIHARI product members increases due to the implementation of this marketing strategy. However, because we have not found a way to mitigate these risks, the number of members has declined over the years

Legal Entity Status of Individual Companies Which no Longer Meet the Criteria for Micro and Small Enterprises

Legal Entity Status of Individual Companies Which no Longer Meet the Criteria for Micro and Small Enterprises

Legal Personalities under Jurisprudence

Legal Personalities under Jurisprudence

Legal Aspects of Artificial Intelligence Personhood: Exploring the Possibility of Granting Legal Personhood to Advanced AI Systems and the Implications for Liability, Rights and Responsibilities

Legal Aspects of Artificial Intelligence Personhood: Exploring the Possibility of Granting Legal Personhood to Advanced AI Systems and the Implications for Liability, Rights and Responsibilities

WAYS OF DEVELOPING SMALL BUSINESS AND PRIVATE ENTREPRENEURSHIP

This article describes ways to develop small business and private entrepreneurship in the Republic of Uzbekistan. The article notes the development of small business and private entrepreneurship. Questions are discussed for improving the business environment. The author presents approaches to the measures to further improve the business environment for the development of small business and private entrepreneurship and their free activity. The existing problems in this sector are analyzed. And also, some recommendations for their solution have been worked out. KEY WORDS: business environment; small business; private entrepreneurship; small business entities; interests, innovations.

Development and Support of Ukrainian Domestic Entrepreneurship in the Knowledge Economy

This paper explores the elements of support and development of entrepreneurship in Ukraine. It suggests that digitalization is an important organizational component in the development of the business sector in the knowledge economy. The authors present a comprehensive study of the most advanced domestic business ecosystems (Diia, UNIT.CITY, Genesis) and highlight their key characteristics, i.e., type of ownership, structure, mission and vision, services for entrepreneurs, investment fund availability, and areas and types of investment. The paper concludes that support for entrepreneurship in Ukraine is based on the principles of efficiency, accessibility, social security, openness, and transparency. Entrepreneurship support is considered as a set of measures of the state-funded and private institutions and organizations aimed at ensuring the sustainable functioning of small and medium-sized business entities and stimulating their development by creating the following favorable conditions: building a competitive environment and increasing competitiveness; fostering investment and innovation efforts; promoting manufactured goods (works, services) or knowledge-based products in domestic and foreign markets; ensuring employment by supporting the citizens’ entrepreneurial initiatives. Areas of public and private support of domestic entrepreneurship include provision of information, consultancy, and special services. Moreover, the paper pays special attention to the forms and methods of supporting businesses and entrepreneurship under martial law in Ukraine in 2022.

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=1,978) 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 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.

Smart Robots and Civil Liability in Jordan: A Quest for Legal Synthesis in the Age of Automation

This paper embarks on a pivotal scholarly journey to scrutinize the civil liability implications of Artificial Intelligence (AI) within the Jordanian legal framework. As AI transforms from a speculative concept into an omnipresent reality, it presents unique jurisprudential challenges, particularly civil liability. This study aims to bridge the jurisprudential vacuum in Jordan, where an absence of judicial precedents highlights the urgency for legal exploration in this emerging field. Adopting a doctrinal legal research methodology, the study rigorously examines Jordanian liability theories and their applicability to AI and undertakes a comparative analysis with more advanced legal systems in AI regulation. The paper navigates the intricacies of AI in the context of traditional Jordanian legal theories, such as objective and personal liability theories. It extends to explore the challenges of attributing liability in the age of AI. Key findings reveal significant inadequacies in Jordan’s current legal provisions to address AI-induced liabilities, the disconnection between civil liability and AI accountability, jurisdictional ambiguities, and challenges in applying traditional legal concepts to the unpredictable nature of AI. The study proposes granting AI legal personality, legislative intervention, enforcing global accountability standards, advocating for international cooperation, and exploring technological limitations with ethical programming. This research contributes profoundly to academic discourse and policy formulation, particularly in the Jordanian context, highlighting the need for a comprehensive, adaptable, and robust legal framework that addresses the unique challenges posed by AI and robotics in the legal domain.

Open social innovation in response to grand challenges: promotor influence as change agent

Following on from the R&D Management COVID‐19 two‐part special issue editorial, this paper strives to deepen our knowledge of Open Social Innovation (OSI) in such grand challenge contexts through exploring the promotor role(s) and interventions in managing temporary organisations. Through an exploration of three case studies that emerged from a bottom‐up perspective, in response to the COVID‐19 grand challenge, this study highlights the central role played by promotors in leveraging OSI projects. The core elements of the George et al. (2016) grand challenge framework are explored within the cases, through a promotor theory lens, to understand how the promotor roles (power, process, technology and relationship) influence the emergence of the temporary OSI organisation to enable a societal contribution. The research recognises the potential of OSI as a response to future grand challenges, highlighting the importance of management routines, such as communicating and articulating the need, adoption of project management practices, leveraging network ties through promotors' credibility and co‐ordinating partners (& volunteers) for nurturing objective achievement. The research also highlights impediments that can curtail progress, which potentially impacts the longevity and outcomes of OSI. This study demonstrates the important role of promotors in initiating OSI communities to respond to grand challenges and given the complexity and enormity of the task, promotors must establish routines to engage and co‐ordinate a collective ecosystem, since they cannot execute alone. Thus, OSI communities require assistance from government and/or commercial entities to exploit and effectively co‐ordinate such OSI endeavours to ensure a meaningful contribution.