Legal Entity Research Articles

К вопросу о видах ограничений для публичных служащих Российской Федерации

The paper attempts to classify the restrictions stipulated for the public servants in the Russia Federation. The restrictions on the federal civil service, on military service, on other types of civil, on municipal service are analyzed. While the present legislation provides a ramified system of restrictions for public servants, the author offers various criteria to divide these restrictions into several groups. The research of restrictions for public servants in the context of their diversity enables to define the restrictions properties, their regular relationship with the specifics of some kinds of public service and demonstrates their important place in the legal status structure of the public servants together with its basic elements, like rights and duties. It should be noted that the restriction classification will contribute to a system approach for exploring imperative principles of the public service. The paper makes a conclusion about a predominantly administrative (public law) nature of both restrictions and legal status of the public servants in general and about an intrinsic unity of this status independently on the type of a public service.

Kepastian Hukum Hak Pengelolaan Atas Tanah Badan Pengusahaan Batam terhadap Pendayagunaan Pulau Rempang

The Basic Agrarian Law is a legal reform in the agrarian sector. In the utilization of islands, especially the management of small islands, permission must be obtained. Management Rights are partially delegated to government agencies including Local Governments, State-Owned Enterprises, Regional-Owned Enterprises, PT.Persero, Authority Bodies and other legal entities to be used according to their respective duties. The existence of Land Management Rights (HPL) does not guarantee an island to be utilized by interested parties, including the utilization of Rempang Island which will be used as a National Strategic Project (PSN). The existence of regulations governing special provisions in the management of small islands must also be considered and examined so that some parties do not feel disadvantaged. This research will answer the questions of (1) How is the legal certainty of the Batam Concession Agency's Land Management Rights in the utilization of Rempang Island, (2) How is the Batam Concession Agency's problem in the management and utilization program of Remapang Island. This research uses normative juridical research by reviewing the applicable laws and regulations and using secondary data as the main data.

Общественный контроль за корпоративными организациями, осуществляющими отдельные публичные полномочия: проблемы и перспективы развития

The article examines the current problems and prospects for the implementation of public control in relation to a key variety of legal entities — corporate organizations authorized to exercise certain public powers. The list of corporate organizations in respect of which public control can and should be carried out is investigated. A system of measures has been developed and justified that will solve the above-mentioned problems, ensuring the full implementation of public control over the activities, acts and decisions of corporate organizations of this type.

Conjoint Analysis to Measure Millennial Generation's Preferences on the Role of Technology in the Existence of Mitra Batik Cooperatives in Tasikmalaya

As a people's economic movement founded on the concept of kinship, a cooperative is a corporate company made up of individuals or cooperative legal entities that engage in cooperatively-based activities. In the city of Tasikmalaya alone there are 603 ooperatives with an active level of 44%. Mitra batik cooperative is one of the oldest consumer cooperatives in Tasikmalaya. In an effort to develop cooperatives, mitra batik cooperatives are faced with a situation where they still have various obstacles for their development, one of which is the low interest and awareness of the community members to participate in cooperatives. In an effort to increase the number of cooperative members, the authors intend to conduct research on the preferences of Tasikmalaya people, especially millennial generation to participate in maintaining the existence of mitra batik cooperatives. The method used is conjoint analysis. According to the research results, millennials consider technology the most significant aspect in preserving mitra batik cooperatives in Tasikmalaya. In the digital age, technology is a crucial element. Millennials like technology's ease. The millennial generation must develop technology to preserve mitra batik cooperatives in Tasikmalaya. Due to the fast expansion of banking, particularly in technology, cooperatives must keep up with technology.

Organizational and economic principles of financial monitoring of national business entities in the context of national security

The article considers the overall landscape and peculiarities of national regulations in the field of financial monitoring, in the retrospect and in the current moment. In particular, the cases of EU as a whole, the Netherlands, the USA, New Zealand and Australia are considered, through the prism of the necessity of compliance with FATF requirements and increased national security threats.

Права на результаты интеллектуальной деятельности, созданные с использованием искусственного интеллекта

The widespread use of neurotechnology and artificial intelligence technology in all spheres of our life has led to the emergence of new problems for civil law. Among them, the problem of determining the legal regime of intellectual property objects created with the help of these end-to-end digital technologies is of particular relevance. First of all, it is necessary to determine whether they protect such works, and if so, who is their copyright holder. The authors devote it to the analysis of possible solutions to the problem of granting protection to intellectual property objects created by neural networks and substantiating the author’s position on the possibility of forming a new exclusive right to such objects. The authors come to the conclusion that it is impossible and unnecessary to qualify artificial intelligence as a subject of law and the author of the created works and propose a new legal structure for the initial emergence of the exclusive right to objects created by neural networks from the subject using this technology, since it is its activity aimed at the operation of a device or software based on artificial intelligence that leads to the emergence of a new original result.

La gestión fiscal como presupuesto sustantivo y procesal de la responsabilidad fiscal

The concept of fiscal management is a presupposition of fiscal responsibility, and only to the extent that there is a conjunction between the conduct deployed by the agent (public or private) based on a constitutional, legal (in a material sense), statutory, regulatory or contractual competence or authorization, as the case may be, to administer or manage public assets, and the element of damage, the competence of the Fiscal Control Body to legitimately and validly promote the fiscal action through the correlative process will arise. Therefore, correctly identifying its content and legal structure is a task of capital importance that concerns, on the one hand, the legitimacy and institutional validity of the actions of the Comptroller’s Office and, on the other hand, the principle of legal certainty, in the sense that this guarantee of certainty and objective foreseeability is projected on the conduct of individuals (as eventual passive subjects of the fiscal action), in terms of equality, good faith, legitimate trust and, of course, under the iusfundamental plexus of due process (principles of legality and natural judge, among others). In this sense, an analysis of the fiscal management will be presented, which will allow us to unravel its configuration as a principle and rule of positive law, and as a transversal concept in fiscal responsibility, and the process itself, as well as its projection in the field of individuals, all by way of an interpretative statement, and in a context of legal reality.

Prohibition of driving vehicles in the punishment system

Subject of research: the norms of criminal legislation of Azerbaijan, Armenia, the Republic of Belarus, the USSR, Poland, Spain, the Federal Republic of Germany, Estonia, defining deprivation of the right to drive a vehicle as a type of punishment in the form of deprivation of the right to hold certain positions and engage in certain activities, as well as the problematic aspects of its appointment. Purpose of research: to identify problematic aspects and ways to improve the norms of the criminal law defining the system of punishments of the Republic of Belarus, and to make proposals to overcome them. Object of research: criminal law relations arising from the application of criminal liability with the imposition of punishment of deprivation of the right to drive a vehicle as a type of punishment in the form of deprivation of the right to hold certain positions and engage in certain activities, which were studied by applying a retrospective and comparative legal analysis of the approaches of domestic and foreign legislators to this punishment. Main results of research: it is proposed to provide for an independent punishment in the form of a ban on driving in the Belarusian penal system, while its possible legal structure is described.

ҚАЗАҚСТАНДАҒЫ КӨТЕРМЕ САУДА НАРЫҒЫНЫҢ ИНФРАҚҰРЫЛЫМЫ: ЖАҒДАЙЫ МЕН ДАМУ БАҒЫТТАРЫ

This article analyzes the key components of the infrastructure of the food wholesale trade market in Kazakhstan. The authors provide a comprehensive review of retail trade formats in a regional context and assess the level of provision of trading platforms for the population. The study examines the structure of legal entities in trade, employment in regions, service preparation centers, wholesale trade centers, retail areas of large facilities, markets in rural areas, and the technical equipment ofspecialized markets.Additionally, the operation ofcommodity exchanges and the issues of purchasing products for stabilization funds are also explored. The state continues to play a key role in the food market, and the authors note that the Government of Kazakhstan is actively working on the development of digital infrastructure in food trade. The analysis identifies several issues that require state intervention, as well as the need to improve logistics and intermediary services. The authors emphasize the importance of introducing modern technologies alongside the development of commodity exchanges and mobile trade.

Antibacterial bio pores as a river flow filter for the development of "Ndeso Park" water tourism

The realization of the full potential of natural resources in each village for the benefit of the local community has been observed as a significant challenge. The national village-owned enterprises program encourages villages to optimize the utilization of their existing natural and human resources with the objective of fostering their economic independence. The program entails the optimization of the national village-owned enterprises program in the tourism sector, specifically in the context of Taman Ndeso. The objective of this community service activity is to provide technological assistance and address the issue of river water filtration as a pool water source. The impetus for this activity is the declining tourism activities at Taman Ndeso due to the presence of turbid water in the pool, which was deemed unsuitable for use. The activity is realized through the construction of a water purification filtration system to produce clean and healthy water. The antibacterial biopores are applied as filtration technology. This technology is designed to capture bacteria from river water that flow into the pond. This research adopted the direct exploration method, which was divided into a number of stages, including planning and preparation, implementation, evaluation, and reporting. The research outcome manifests into the restoration of the Taman Ndeso water tourism pool, which will be capable of attracting tourists and reviving village income to the maximum extent possible, with the management of the village-owned business entity.

Civil liability of the sole executive body of a business company: correlation with labor and tax law institutions

In modern conditions of business turnover, characterized by the desire of business entities to achieve the benefits and goals of social corporate responsibility, the issues of preserving the balance of interests of parties that have a diversified status are of particular relevance. Such subjects include the general director, who is simultaneously a management body, an employee and a taxpayer, being in relations with a business company regulated by both corporate, labor and tax law norms, which allows to qualify his status as a diversified one. The issue of correlation of the norms of three branches of law in relation to the status of the chief executive officer (CEO) through the prism of the institute of civil liability in the form of compensation for losses caused to the company by incentive (bonus) payments to the CEO is considered. The article assesses the law enforcement practice in disputes concerning the recovery of this category of losses from the director, where the courts give priority to the norms of corporate law without taking into account the explanations of the Constitutional Court of the Russian Federation on the unconditional right of an employee to receive bonuses, which are a variable component of salary. The court approaches are analyzed and their justifications are given with regard to the inclusion of the amounts of personal income tax paid by the company to the budget of the Russian Federation into the damages recovered from the CEO. The conclusions are made about the priority importance of labor and tax legislation norms in correlation with corporate law norms when applying the institute of directors’ indemnification for losses. The results of the study can be used for the development by the Supreme Court of the Russian Federation of appropriate explanations to the courts of lower instances on consideration of disputes on the recovery of losses from the sole executive body of a business company.

Partnership Quality, Student’s Satisfaction, and Loyalty: A Study at Higher Education Legal Entities in Indonesia

Abstract Partnership among higher education institutions serves as the central element for sustainable development. The quality of their partnerships is highly necessary for higher education development, specifically in academic infrastructure, curriculum design, pedagogical practices, and financial frameworks. This progression is expected to enhance students’ satisfaction and loyalty. Therefore, this study explores the effects of partnerships among higher education institutions with legal entities on students’ satisfaction and loyalty. Accordingly, this research adopted a quantitative descriptive and regressive survey approach. The research population consisted of students from a university with a legal entity. At the same time, the sample was taken through purposive sampling with the criteria of having interacted or received services from the university’s partner with a legal entity. Data were garnered through questionnaires, which have been declared valid and reliable. The collected data were analyzed using the structural equation model technique through Structural Equation Modeling-Partial Least Squares with SmartPLS 3 application. The research results indicate the following: (1) partnership quality (PQ) directly influences student satisfaction (SS), (2) SS directly affects student loyalty (SL), (3) PQ of higher education institutions with legal entity presents no effects on SL, and (4) PQ indirectly affects SL through SS.

Organizational and legal principles of forensic examination in the field of road infrastructure

The aim of the work is to analyze the offenses committed in the field of road infrastructure and to identify the main areas of criminal activity, for which investigation specific expertise in the form of forensic examination is applied. The methodological basis of the study of this problem was general, separate and special cognition methods. The results of performed research demonstrate possibility of distinguishing two main areas of criminal activity in the field of road infrastructure. These are official crimes related to the field of official and professional activity, as well as war crimes related to unforeseen destruction of road infrastructure. Thus, one of socially dangerous manifestations in this area are crimes related to road construction. While investigating issues of compliance of the developed project-technical and estimate documentation with the requirements of regulatory acts in the field of road construction, as well as questions of determining compliance of the completed construction works and built objects with the project-technical documentation, often arise. Such issues can be resolved if forensic expert (experts) have relevant professional knowledge in the design, construction and operation of roads, taking into account the characteristics of road infrastructure objects. At the current stage, when all Ukrainians feel consequences of Russian aggression, another problem is clearly visible. After all, for all the crimes of this shameful war, the enemy must suffer a just punishment, and the victims must receive compensation for the material and moral damage caused to them. In connection with the emergence of new tasks that arise during the investigation of war crimes committed by the aggressor country, the question of the appropriate level of expert provision of justice in conditions of war that is directly related both to increasing effectiveness of the inspection of the scene of the event and to further conducting forensic examinations. Taking into account the fact that a huge number of objects were damaged and destroyed, there was a need to use the latest methods and approaches to effectively counteract the specified manifestations of crime, in particular, development of effective system of expert justice provision at the stages of pre-trial investigation and subsequent judicial review of cases. Thereby it is important to provide expert investigation of crimes related to the establishment of damages to the state, individuals and legal entities from the destruction of immovable and movable property.

The practice of judicial protection of environmental rights in Ukraine: problems and prospects

The scientific article is devoted to the study of the practical experience of judicial protection of environmental rights. The article defines the main concepts in the field of protection of environmental rights of citizens: “ecological rights”, “judicial protection”, “ecological policy”, “judicial protection of environmental rights” and other concepts in the context of the conceptual and categorical apparatus of the subject of research. The scientific article contains an analysis of the norms enshrined in the current legislation of Ukraine regarding the judicial protection of environmental rights of communities and the separate protection of environmental rights of citizens. The peculiarities of the practice of consideration by Ukrainian courts of cases regarding the violation of the environmental rights of citizens are given. The methodology of researching issues of environmental rights of citizens is given. The information policy of the state in the sphere of protection of environmental rights of citizens is defined. The peculiarities of the legal doctrine in the field of judicial protection of citizens’ environmental rights and the protection of citizens’ environmental rights in general are indicated, as well as the proposals of scientists in the field of law to improve the regulatory regulation of citizens’ environmental rights, as well as to improve the practice of judicial protection of citizens’ environmental rights. Peculiarities of normative and legal regulation of the sphere of judicial protection of citizens’ environmental rights have been studied. The environmental rights and obligations of individuals and legal entities in the field of protection of environmental rights are defined, and the responsibility of legal entities and individuals in terms of violation of environmental or nature protection legislation is defined. The importance of increasing the level of ensuring the realization of the environmental rights of citizens in Ukraine by implementing an effective state information policy, improving the legal regulation of ensuring judicial protection of the environmental rights of citizens, and forming an environmental policy to prevent violations of the environmental rights of citizens was emphasized.

Juridical Analysis of State-Owned Enterprises (BUMN) with Bankruptcy Status

Bankrupt BUMN is not as simple as bankruptcy of a person or other legal entity, because this BUMN has state assets whose management must involve state intervention. Government intervention is proven by the presence of the Minister of Finance as CFO and majority owner of BUMN and the Minister of BUMN as director and supervisor of BUMN activities, apart from that there are supporting regulations, namely the KN Law, PN Law and Constitutional Court Decision No. 62/PUU-XI/2013 which notes that wealth separated from BUMN remains state wealth. If a state company is bankrupted by its own debtor, the finance minister has the largest say in the state-owned bankruptcy application than the GMS, in Peru the finance minister has the highest power and is the only party. who can file bankruptcy. The legal consequence of BUMN bankruptcy is that a public confiscation is carried out, but first the BUMN must go through a process of paying state assets in accordance with Minister of Finance Regulation No. 50/PMK.06/2014 because BUMN goods are still considered state-owned goods.

Governance of the Gampong Owned Business Entity (BUMG) Jeulanga Mata Ie Bandar Dua District Pidie Jaya District: Study of Policy Implementation Based on the Pidie Jaya Regent Regulation Number 30 of 2020 Concerning the Establishment, Administration, Manag

The Ie Jeulanga Gampong-Owned Enterprise (BUMG) in this case as the party that manages the Bottled Drinking Water (AMDK) production business and the Jeulanga Mata Ie Gampong Government as the capital owner certainly requires in-depth research regarding the governance of the feasibility of the business or business being run so that the process AMDK business development can run effectively and can be useful for the development of the village economy. However, the implementation of BUMG is not without obstacles, there are still several problems in its implementation. Apart from that, the lack of capacity or ability of BUMG managers means that BUMG Ie Jeulanga’s institutional system is not running optimally and is dependent on government assistance so there is no spirit of independence. This research aims to describe and analyze the implementation of BUMG Ie Jeulanga governance policies based on Regent Regulation Number 30 of 2020 and to determine the factors that support and hinder the governance of BUMG Ie Jeulanga. The research method used was descriptive qualitative. Qualitative research was carried out to find information on the impact of empowerment strategies, obstacles, and solutions for BUMG Ie Jeulanga in improving the economy of the village community in Bandar Dua District, Pidie Jaya Regency. This model system regarding BUMG governance includes work plans, management aspects, business capital, human resources, and supporting and inhibiting factors for BUMG Jeulanga Mata Ie. In this research, BUMG policy implementation uses policy implementation formulated by Van Meter and Van Horn. Based on the results of data analysis, field findings, and propositions linked to theoretical studies, it can be concluded that BUMG Ie Jeulanga has significant potential for growth and development, but also faces challenges such as administrative management that has not been managed well, existing financial resources are still inadequate because the level of production capacity is still limited and marketing is still carried out in the sub-district area. Keywords: BUMG, Regent Regulation Number 30 of 2020, governance

Historical Foundations of Green Developmental Policies: Divergent Trajectories in United States and France

ABSTRACTIn recent years, many countries have adopted biodiversity offset policies to internalize the ecological impacts of land developments. Although national policies share the general principle of equalizing ecological harm with gain, there is substantial variation across programs regarding the institutional forms governing offsetting. In this paper, we compare biodiversity governance in the United States and France to reflect more broadly on the factors shaping divergent trajectories of green developmental policies. Both countries have some form of biodiversity offsetting in place, but the major fault line of difference is the more extensive use of market‐based instruments (MBI) in the United States. Using a historical lens, we argue that one important reason for this variation lies in the different legal‐institutional definitions of biodiversity. A narrower definition in the United States focused on individual species, versus a broader definition in France focused on ecosystems, has facilitated a more standardized biodiversity governance arrangement in the United States. Leveraging this standardization, biodiversity markets have expanded in the United States while similar efforts to institutionalize market mechanisms have struggled in France. The comparison allows us to draw insights into the challenges in greening economic development, particularly in showing how historical scientific, legal, and institutional structures condition policy outcomes.

Implementation of the Requirements of the Montreal Protocol on Substances that Destroy the Ozone Layer in the Russian Federation

The current international problem of reducing production and consumption of substances that deplete the ozone layer and compliance with the requirements of the Montreal Protocol is considered. Customs statistics of the Russian Federation on foreign trade in terms of imports and exports of ozone-depleting substances (including controlled substances of list F) for 2022 are analysed. The reporting of legal entities and individual entrepreneurs regarding the production and destruction of ozone-depleting substances (including controlled substances of list F) for 2022 was studied. It is shown that the Russian Federation complies with the requirements of the Montreal Protocol on substances that deplete the ozone layer and is systematically reducing the permissible annual consumption of ozone-depleting substances (including schedule F controlled substances).

Preparing digital advancements in Pasteur Subdistrict cooperatives

The digital economy presents significant opportunities for cooperatives to improve their governance and achieve Sustainable Development Goal (SDG-s) 8, which promotes decent work and inclusive economic growth. As business entities based on economic democracy, cooperatives have the potential to drive the digital economy and enhance the well-being of their members. However, cooperatives in Pasteur, West Java, face various governance challenges, including inadequate bookkeeping, member arrears on savings and loans, and low digital literacy. These hinder the performance and development of the cooperatives. A series of training programs on cooperative governance and human resource management were designed to address these challenges. The program also aimed to improve the digital literacy of cooperative leaders and members and assist them in managing financial and operational aspects more transparently, accountably, and efficiently. The training program proved effective in enhancing the knowledge and skills of cooperative leaders and members in utilizing digital applications for good governance. This led to positive outcomes such as improved bookkeeping, increased savings and loan repayment rates, and more participative and transparent decision-making.

СУЧАСНІ ТЕНДЕНЦІЇ РОЗВИТКУ СЕКТОРА ІКТ В УКРАЇНІ

The article emphasizes the priority role of the ICT sector in building a highly developed and competitive national economy. Attention was drawn to the ability of the ICT sector to improve the country's adaptation to globalization and neo-industrial challenges. The role of the ICT sector in the course of our country overcoming hybrid risks and threats and challenges of a full-scale military invasion and subsequent post-war recovery is increasing. An economic and statistical analysis of the number of enterprises (business entities) by type of economic activity «Information and telecommunications» in Ukraine in 2010-2022 was carried out and their absolute growth, growth rate, absolute value of 1% of growth, average annual value, average annual absolute growth and growth rate. It was established that during the analyzed period, the number of subjects of this type of economic activity increased by 5.3 times, while the annual increase was 20 units or 14.9%. If in 2010 there were 55.9 thousand business entities in the field of information and telecommunications, then in 2022 their number was 295.9 thousand units. The shares of enterprises (business entities) by the type of economic activity «Information and telecommunications» in the total number of enterprises (business entities) in Ukraine in 2010-2022 were calculated. It was concluded that the share of entities of this type of economic activity in the total the number of enterprises in Ukraine is constantly increasing and in 2022 was equal to 4.5%, which is by 1% more compared to 2010. It was emphasized that in order to increase the intensity of the development of the ICT sector, it is necessary to change the state’s approach to ensuring the digitalization of the economy and the development of the information society, while providing support, guarantees, broad opportunities for businesses to realize their own economic interests.