Legislative Uncertainty Research Articles

Impact of tax benefits on Peruvian companies' financial results

This study investigates how tax benefits influence corporate profitability in companies in Chachapoyas, Peru, emphasising the importance of proper fiscal management to improve financial performance. The relevance of tax incentives in profitability management is discussed, and challenges associated with legislative uncertainty and the lack of tax training are examined, which limit efficiency in resource management and the optimisation of financial assets. Using a quantitative approach, financial and tax data are analysed to examine the relationship between tax benefits and corporate profitability in a natural context, employing descriptive and inferential analysis techniques with SPSS software. The findings indicate a significantly positive correlation between tax benefits and profitability, demonstrating that tax optimisation can support sustainable economic growth for businesses. A deficiency in the knowledge and application of efficient tax strategies is identified. The study highlights the need for educational and tax optimisation programmes to improve tax management in businesses, which can contribute to a broader tax base and greater state capacity to finance essential public services. The article provides an applied and strategic perspective on fiscal and economic management, offering valuable implications for public policy formulation and corporate decision-making, and highlighting the importance of a holistic approach that integrates fiscal, financial, and corporate management.

ВЕНЧУРНЫЕ ИНВЕСТИЦИИ КАК ВСПОМОГАТЕЛЬНЫЙ ИНСТРУМЕНТ ПРИ РЕА-ЛИЗАЦИИ ИННОВАЦИОННО-ИНВЕСТИЦИОННЫХ ПРОЕКТОВ

The article examines the essence of venture investments and their main features. The basis of venture investments is, first of all, innovative projects implemented by develop-ing companies; the form of investment should not be limited by any other condi-tions. The main problems of the Russian venture investment market are analyzed: small volume, legislative uncertainty, per-sonnel shortage, difficulties in attracting for-eign investment. For a solution, it is pro-posed: improvement of legislation, limited involvement of insurance companies and pension funds in venture investments, redis-tribution of state support for venture invest-ments, additional tools for a safe exit from venture investments for all interested parties. The implementation of innovation and investment projects through the purchase and integration into the internal processes of a large company, which was previously a strategic investor, also depends on solving the problems of the entire venture market as a whole, since at the moment the number of such transactions is insignificant.

PARTICULARS OF PURCHASING MEMORIES CULTURAL HERITAGE

Introduction. An extremely important role in the formation of Ukraine as an independent European state is played by raising the level of cultural self-awareness of its citizens, and a separate link in this process is occupied by the proper legislative regulation of the exercise of ownership of cultural heritage sites. The analysis of legal acts regulating the legal status and circulation of monuments of cultural heritage shows a certain fragmentation, inconsistency and the presence of conflicts. To date, the problem of legal regulation of certain aspects of the termination of the right to ownership of cultural heritage sites is quite relevant also in the doctrinal aspect. The insufficient number of individual special studies of cultural heritage monuments as objects of property rights in civil science indicates a correlative relationship with the corresponding legislative uncertainty and at the same time emphasizes the urgent practical significance of such theoretical studies. The purpose of the research is to find out the peculiarities of the purchase of monuments of cultural heritage. Summary of the main results of the study. Since the legislator uses the term «owner» in the relevant article of the Central Committee, and the Law of Ukraine «On the Protection of Cultural Heritage» also does not contain a direct reference to the right of private ownership, but, on the contrary, indicates that monuments can be in state, communal and private property, it was concluded that forced redemption is possible not only of monuments that are under private ownership. Attention is focused on the fact that a lawsuit can be filed only against the owner of a cultural heritage site, not its owner or user, and the need to prove a cause-and-effect relationship between the actions or inaction of the owner of a cultural heritage site and its damage is indicated or destruction. In turn, the body for the protection of cultural heritage must argue and justify the existence of an urgent need for which a claim for the redemption of a cultural heritage monument is filed without warning its owner. Conclusion. Today, there is some uncertainty in the legal regulation of relations, the object of which are cultural heritage monuments. The analysis of the main aspects of the specified grounds for the termination of the right of ownership allows us to assert the presence of «interpenetration» of the norms of private and public law, since the dispositive method of legal regulation inherent in civil law concerns only certain aspects of the circulation of monuments of cultural heritage, for example, the grounds for acquiring the right to own them. Instead, the imperatives of public law to a greater extent apply to legal relations, the object of which are monuments of cultural heritage, in particular, when it comes to their redemption - the very coercive nature of such redemption, determination of the redemption price by a court decision if the parties do not reach an agreement, etc.

Review on Data Privacy, Protection, and Security Challenges in Blockchain Adoption Across Diverse Domains

The paper explores how blockchain technology can transform data management, especially when it comes to handling privacy and security issues. Blockchain's immutability, transparency, and decentralization make it a potentially useful tool for addressing the expanding problems associated with data security and integrity. However, the slow adoption of blockchain technology is influenced by a complex interplay of developing privacy concerns, legislative uncertainty, and technological subtleties. The current study aims to identify key data privacy, protection, and security challenges associated with blockchain adoption in various domains, assess the adequacy of the current data privacy, protection, and security laws to address these challenges, and propose potential solutions and areas for further research to mitigate data privacy, protection, and security risks in blockchain applications. Additionally, the research has examined the adaptability and dependability of the two main kinds of blockchain—public and private—as well as the variations in their reach and visibility.

Rule of law or not? A critical evaluation of legal responses to cyberterrorism in the UK

Currently the UK does not have a specific anti-cyberterrorism law, instead relying on existing anti-terrorism laws to deal with cyberterrorism. This approach raises a number of problems insofar as it can lead to legislative uncertainty and unpredictability, as well as impacting on carrying risks of over-criminalisation, a lack of counterbalance, violation of principles of proportionality and arbitrariness. In light of these problems, this article aims to offer a critical evaluation of the UK’s existing legal responses to cyberterrorism with reference to the rule of law and basic human rights principles, mainly focusing on the vague and overly broad definition of terrorism, a tendency towards criminalising a wide range of terrorism precursor offences online, pre-emptive strategies and aggravated punishment of cyberterrorism. Based on this analysis, the article argues that applying the extension of existing anti-terrorism laws to combat low-risk cyberterrorism activities runs the risk of exacerbating harms to the values of the rule of law.

Content of the contract as a type of employment contract

The current state of legal regulation of mandatory and additional terms of employment contracts and contracts in Ukraine has been studied and its shortcomings have been identified. It has been specified that a rather long legislative uncertainty regarding mandatory and additional terms of an employment contract and the current conflict of legislation on this issue have led to the existence of different positions in the science of labour law regarding the terms of an employment contract. Scientists’ views on the essence of the content of an employment contract have been analysed.
 It has been proven that the terms of the employment contract should be considered the terms that are drawn up by its parties. Traditionally, such conditions in labor law are divided into mandatory and additional. The terms of the employment contract are recognized as mandatory, without which the content of the employment contract or contract cannot be considered concluded. Those without which the conclusion of an employment contract or contract is possible are considered additional.
 Mandatory and additional terms of the contract have been defined. Mandatory terms of the contract are: place of work; labor function; the moment of the start of the work and the duration of the contract; rights and duties; terms and amount of remuneration; financial support of the employee; labor organization; responsibilities of the parties; terms of termination of the contract. Additional terms of the contract are: term and conditions of the trial; non-disclosure of commercial secrets and other legally protected information; frequency and duration of professional training, retraining and advanced training of the employee; improvement of working conditions, industrial life and recreation; medical and sanatorium provision; social and household benefits and social and cultural services. There is a well-founded need to supplement the Code of Labor Laws of Ukraine with Article 21-2 “Content of the employment contract and contract”, in which mandatory and additional conditions of the employment contract and contract shall be established.

A critical evaluation of China's legal responses to cyberterrorism

Cyberterrorism has become an increasing threat to stability and security in China. However, China does not have a special counter-cyberterrorism law, instead relying on existing anti-terrorism laws to deal with cyberterrorism. This approach raises a number of problems insofar as it may lead to legislative uncertainty and unpredictability, as well as impacting on carrying risks of over-criminalisation, a lack of counterbalance and violation of proportionality. In light of these problems, this article aims to offer a critical evaluation of China's legal responses to cyberterrorism, mainly focusing on the broad and vague definition of terrorism, the tendency to criminalise a wide range of terrorism precursor offences, and the country's preventive counterterrorism strategy. This approach also reflects the legal reality of ‘rule by law’ in China, through which the Chinese Communist Party (CCP) expands state power by broadening counterterrorism legislation to achieve its political goals, prioritising national security and ensuring social stability.

RECOGNITION OF INVALID REALITY REGARDING SALE OF DEBTOR’S PROPERTY IN BANKRUPTCY PROCEDURE

In bankruptcy proceedings, the debtor’s property is sold at auction, which allows the alienation of such property at the highest value. This not only helps to achieve the goal of repaying creditors’ claims in the maximum amount, but also influences changes in the approach of banking institutions to lending to businesses, in general, protects the interests of business participants and improve Ukraine’s investment attractiveness. In addition, the analysis of the practice of selling the debtor’s property in the bankruptcy procedure shows that the issue of invalidating the results of auctions is often raised. At the same time, the analysis of case law shows that the most ambiguous and problematic is the question of the grounds for invalidating the results of the sale of the debtor’s property in bankruptcy proceedings. Provisions on invalidation of transactions related to the sale of bankrupt property are contained in the Bankruptcy Code of Ukraine (Article 73), but they are not specific and raise a number of issues in their application in practice. Therefore, in conditions of legislative uncertainty and ambiguous case law, it is necessary to consider the main issues concerning the invalidation of the results of the sale of the debtor’s property in bankruptcy proceedings, identify common approaches to the grounds for invalidation of decisions and make proposals to improve the legal definition of these grounds. A study of the legal aspects of the sale of bankrupt property in terms of invalidation of the auction for the sale of property, identified a number of legislative gaps that do not specify the grounds for invalidation of the sale of property and need to be addressed at the legislative level. Proposals have been made to specify the grounds for invalidating the results of the sale of the debtor’s property in the bankruptcy procedure.

Legislative gridlock and stock return dispersion around roll-call votes

This study examines whether and how legislative gridlock in Congress affects legislative uncertainty. Results show that legislative gridlock increases cross-sectional dispersion in returns on individual stocks and portfolios over short windows around roll-call votes on Congressional bills. The effect of gridlock is beyond political polarization, Presidential ideology, unified versus divided governments, economic recession, policy uncertainty (Baker et al., 2016), and macroeconomic uncertainty (Jurado et al., 2015). Greater legislative uncertainty is associated with higher bond yield and lower likelihood of seasoned equity offerings and analyst recommendations. The effect of gridlock depends on industry and firm characteristics, as well as political polarization and Presidential ideology. Overall, legislative gridlock increases legislative uncertainty as reflected in cross-sectional dispersion in stock returns.

Правовая определенность как атрибут налоговых отношений

Abstract. The problem of ensuring the legal certainty of tax legislation, despite the decrease in the total number of tax disputes considered in arbitration courts of the judicial system of the Russian Federation during the period from 2015 to 2019, is still relevant, since in practice there are still cases of unsettled provisions of the legislation on taxes and fees that cause disputes between taxpayers and tax authorities. Based on the analysis of the theoretical provisions reflected in the works of modern scientists, as well as the positions of the highest judicial instances, the author of the article comes to the conclusion that legal certainty is the most important attribute of tax relations in a market economy. Affecting important areas of life of a modern economic society, the principle of legal certainty in the field of tax legislation ensures the predictability of the behavior of participants in public legal relations related to the provision of income in the financial system of the state, as well as the equality of business entities in determining a fair level of tax burden. Together, this ensures the economic, social and political stability of the state foundations. In turn, the problem of legal uncertainty can cause excessive pressure on market participants caused by excessive claims from the fiscal authorities. Being uncertain or insufficiently certain, tax and legal regulation is not able to perform the function of distributing the burden of public spending on the basis of the principles of justice, equality and universality, and, therefore, losing the corresponding qualitative characteristics, it turns into its direct opposite — into a mechanism of quasi-legal withdrawal private property without proper legal grounds and with unclear purposes. The theoretical and methodological basis of the study was the works of leading domestic and foreign scientists, economists and jurists, who consider the legal certainty of tax legislation through the prism of public law and socio-economic relations, legislative and regulatory acts of the Russian Federation, foreign countries, analytical data of the Federal Tax Service, analytical and information materials published in Russian and foreign periodicals and presented on the Internet, materials of judicial practice. General scientific methods of cognition were used as research tools: observation, abstraction, deduction and induction, comparative analysis, data grouping, generalization of theoretical and factual material. The conclusions made by the author of this article are the basis for the subsequent consideration of a specific practical situation of the existing legal uncertainty in tax legislation on the example of the issue related to the issuance of corrective and (or) corrected invoices when calculating value added tax when selling goods (works, services) , with the personal participation of the author as a specialist in the case considered by the arbitration court, which will be presented in the next work.

Criminalization of drunk driving: problems of legislative practice

The article highlights the Ukrainian experience of criminalization of drunk driving as a result of amendments to criminal and administrative legislation in 2018–2021. The importance of systematization and validity in making changes to administrative and criminal law is noted. Attention is drawn to the need for careful observance of the rules of legal technique in legislative activity, given that the use of administrative and criminal law is associated with the most significant restrictions on human rights and freedoms. It is noted that there are violations of the rules of legal technique, allowed in the relevant laws in terms of the provisions on criminalization and decriminalization of drunk driving: violations of the homogeneity of legal regulation (Law № 720-IX regulated an issue that was not the subject of its regulation); internal consistency (Law № 720-IX on amendments “in connection with the adoption of Law № 2617-VIII” amended the Law itself № 2617-VIII); external consistency (provisions of Law № 720-IX contradict the provisions of Article 2 of the Code of Administrative Offenses and Article 3 of the Criminal Code of Ukraine); linguistic (in paragraph 117 of the Law № 720-IX there is a morphological error); procedural (violated the requirements of Articles 90, 92 of the Regulations). Attention is drawn to the content of the conclusions and the legal significance of the explanations of the Parliamentary Committee on Law Enforcement, adopted on the criminalization of drunk driving. It is noted that the relevant committee violated the regulatory procedures and provisions of the legislation on parliamentary committees. The consequences of the relevant technical and legal violations (legislative uncertainty) are highlighted and ways to eliminate these problems are suggested.

Claiming for recovery of funds and (or) property of others: search for legislative compromise and review of law enforcement practice

In the light of extremely low level of enforcement of court decisions in Ukraine, the formation of effective legal instruments of coercive judgment enforcement measures is getting particularly important. One of the most effective ways to protect the interests of the claimant, which increases the effectiveness of execution of a court decision of a property nature and expands the possibilities of enforcement proceedings, is to claim for recovery of money and (or) property of others. This legal institution allows the enforcement of money and (or) property of another person who is not a party to the enforcement proceedings, but either holds the property or has a debt to the debtor. The article describes the issue of legislative uncertainty of the procedural status of another person whose property and (or) funds are being recovered and formulates ways to resolve it. A number of collisions between the Civil and Commercial Procedural Codes and the Law of Ukraine “On Enforcement Proceedings” were revealed in terms of legal regulation of the institution of claim for recovery of property of others, in particular in terms of seizure of funds of a person in debt to the debtor. It is proposed to resolve the identified collisions in favor of procedural codes. The legal nature of the arrest, which is imposed on the money of another person in the recovery procedure, is determined. On the example of case law, the discretionary power of the court in considering claims for recovery of funds of a person who owes money to the debtor are analyzed, and the incompleteness of the legislative list of grounds for refusal to satisfy the application for recovery is stated. Attention is drawn to the imperfection of the procedural codes in terms of regulating the possibility to appeal to Court of Appeal and Court of Cassation judgements issued as a result of consideration of claims for recovery of funds of a person who has debts to the debtor. Through the prism of law enforcement practice, the subject of proof in the consideration of applications for recovery of funds of persons who have debts to the debtor and clarifies the distribution of the burden of proof in this category of cases.

Matters related to Court Session Scheduling and Choice of Court Procedure in Criminal Proceedings: Problems, Errors, and Solutions

The paper considers one of the key stages of court work in criminal proceedings, namely the initial preparation stage for a court session in a criminal trial and scheduling of the said session while choosing the procedure rules (general or special, provided for in Chapter 40 of the Code of Criminal Procedure). The paper analyzes the latest changes in legislation regulating these issues, ambiguities and uncertainties that give rise to judicial errors made at this stage, including those related to the choice (determination) of the procedure for judicial proceedings, their impact on the future fate of the criminal case and the final court decision (sentence).Studying the cases of specific judicial precedents (including the Supreme Court of the Russian Federation), the author emphasizes the reasons these errors can be caused by. Examples of the actions of the parties (both the prosecution and the defense) that significantly affect this stage and even determine it, as well as the final court document, including in terms of criminal punishment, are given. The author shows that, at the will of only the prosecution (the state prosecutor and (or) the victim), the defendant (convicted), who conscientiously contributes to justice and fully admits his guilt at all stages of the investigation and judicial consideration of the criminal case, is deprived of the benefits provided to him by law (privileges in the appointment of criminal punishment), which even the judge (court) considering the criminal case cannot influence. The difficulties of the court (judge) in deciding on the choice of the procedure for trial in a criminal case and the legislative uncertainty in the issues under consideration are revealed. Specific ways of solving the problems under consideration of scheduling a court session in a criminal trial are proposed.

La Gestación Subrogada: Aspectos Éticos y Jurídicos en el Derecho Español

En el presente trabajo se analizarán los principales problemas jurídicos y éticos que presenta la gestación subrogada en el Derecho Español. El objetivo principal es poder valorar de manera razonada cuál sería la mejor solución para la gestación subrogada, si regularla o prohibirla, seguida de un estudio ético sobre las consecuencias de esta práctica sobre los derechos de la mujer subrogada y el bebé nacido. La metodología empleada partirá de su concepto y terminología, así como el análisis de la principal legislación aplicable española, para obtener unas conclusiones válidas. El ordenamiento jurídico español, a pesar de no permitir la gestación subrogada, da lugar a cierta incertidumbre legislativa, al dejar lagunas a través de las cuales se salva la prohibición. Sin embargo, sólo aquellos con un alto poder adquisitivo podrán acceder y lo harán a expensas de otras personas con peores condiciones de vida.

Principles of disciplinary liability of a judge in the case law of the European Court of Human Rights

The article analyzes the key decisions of the European Court of Human Rights in cases against Ukraine in order to implementthe principles of disciplinary liability of judges.Particular attention should be paid not only to the procedural but also to the substantive aspects, as the applicant’s dismissal inthe case did not comply with the rule of law. This concerned the disclosure of the content of such grounds for disciplinary liability as“violation of the oath of a judge”, the content of which was not disclosed by law at the time of the decision to dismiss the applicant.According to the ECtHR, in the context of the institution of disciplinary action, a reasonable approach should be used to assess theaccuracy of the law, as there is an objective need for the objective side of such offenses to be formulated in general terms. At the sametime, the legal role of the judiciary in ensuring the predictability of legislative provisions cannot be underestimated in the systems ofcontinental law. It is these bodies that interpret the exact meaning of the general provisions of the law consistently and eliminate anydoubts about the interpretation. Thus, while recognizing in general the admissibility of the use of general wording in determining thegrounds for disciplinary liability of a judge, the ECtHR stated that legislative uncertainty should be compensated by a law enforcementinterpretation.The analysis of these decisions showed that non-compliance with the generally accepted principles of disciplinary liability inbringing a judge to this type of liability leads to a violation of the provisions of the Convention. At the same time, compliance with therelevant principles should be ensured both in legislative activities on reasonable and clear definition of disciplinary liability and the procedurefor disciplinary proceedings by an independent and impartial body, and in law enforcement activities to provide uncertain legalrequirements.

ЧИННИК РОЗВИТКУ ЛЮДСЬКОГО КАПІТАЛУ В ПРОЦЕСІ ФОРМУВАННЯ ТА ДІЯЛЬНОСТІ СПРОМОЖНИХ ОБ’ЄДНАНИХ ТЕРИТОРІАЛЬНИХ ГРОМАД

The purpose of the article is to determine the role of capital development in the process of creating and ensuring sustainable development of united territorial communities, the article reveals the modern understanding of the term human contains a historical digression on decentralization reform, notes its initial tasks and goals legislative uncertainty of the deadline for completion of decentralization reform and the risks associated with the application of the administrative-planned way to complete the reform. The emphasis is on the new functions of the united territorial communities, which are not peculiar to local state administrations and local self-government - creating added value to provide financial opportunities. The article also analyzes the research of experts on decentralization in terms of the dependence of financial capacity of the united territorial communities of Kherson region with the availability and quality of capital, considers the features of current legislation on local government, mechanisms for selecting employees in united territorial communities executive bodies, aspects of higher education. In educational institutions and in the internship procedure for students, especially in the provisions on the establishment of labor rules and distance work, specific mechanisms for raising capital and improving its quality are proposed, namely, changing the procedure for holding a competition to fill vacant positions in local governments taking into account the scope of authority, competence and the degree of responsibility, the introduction of a mandatory internship mechanism for students receiving specialties in the field of public administration and management in the field of local government, legal, economic and others. On the basis of the executive bodies of the united territorial communities, proposed recommendations to local governments on the wider use of the Labor Code of Ukraine in establishing internal labor regulations, provided an assessment of the need to adapt to the requirements of remote work procedures and additions legislation on this issue.

Islamic Mortgage-Alternatives in Ireland: A Comparative Reflection on a Decade of Consumer Appetite in the Face of Legislative Uncertainty

This article provides an in-depth and comparative analysis of the accommodation of Islamic mortgage-alternatives under Irish law. It draws on results from two surveys of Ireland’s Muslim community and uses a comparative approach with the UK to highlight continuing gaps in the legal framework relevant to Ireland’s Islamic finance market.

COSTS OF THE HUMAN CAPITAL AND DEVELOPMENT OF THE SOCIAL POTENTIAL IN ACCOUNTING SYSTEM FOR CENTRAL AND EASTERN EUROPE

Nowadays, human capital and social potential become the most valuable resource for the harmonious development of the national economy. Expenditure on human capital and social development should occupy a significant part in the state budgets of countries. Therefore, accounting of such expenses is extremely important. The purpose of the study is to reveal the possibility of accounting for expenditures on the human capital and social potential development in the accounting system of the Central and Eastern Europe, provide recommendations for the current accounting system. The research revealed the plurality and ambiguity of the interpretation for the categories «human capital» and «social potential». The regulatory and legislative uncertainty complicates the accounting of the human capital costs and development of the social potential. These categories must be defined by law. As per normative and methodological basis for the accounting of the human capital, it would be better to apply the International Financial Reporting Standards. The absence or misrepresentation of information about available human capital are contrary to IFRS requirements and reduces or exaggerates the value of the organization. It is offered in IFRS, to provide a comprehensive accounting of the cost for the human capital and developing social capacity. The budget of the Central and Eastern European countries includes only the costs of social protection, health, education, recreation, culture, religion. After the budget analysis was conducted, the authors proposed to develop new objects of accounting (human capital, social potential), accounting standards for it. A part of the GDP expenses should be directed to the financing of the human capital expenditures and social potential development. JEL: E24, G41, H83.

Professional Responsibility of Notaries: Ontological Aspect

The problem of professional responsibility of the notary is related to the specifics of the performance by the notary of their professional duties. However, the fact of realization of the received powers as a consequence of the profession creates conditions for imposing on such a person the specific nature of responsibility. It (responsibility) is determined by the increased requirements for the profession of notary, in particular, to commit them all kinds of notarial acts. The disclosure of the ontological nature of the professional responsibility of the notary is associated with the following main aspects. First, the professional responsibility of the notary is complex, since it acts as a system legal category, and therefore has a whole set of specific features. Secondly, another problem is the professional responsibility of the notary – this is the distinction of responsibility of legal entities and individuals engaged in notarial activities, and in particular, a very specific attitude of the legislator to the category of «professional». Thirdly, this is a comparison of categories of professional duty and professional responsibility, and here the essential stimulus in the notarial activity is the correspondence of professional duty to personal convictions, interests and abilities of the notary. Fourthly, this distinction between the categories of legal and professional liability of the notary, in particular the problem of legal liability of the notary for the current reform of the notary in Ukraine, requires legislative regulation, in addition, the legislative uncertainty of the notary's liability institution testifies to the lack of guarantees of notarial activity.

Законодавча невизначеність поняття "промислові відходи": ризики та шляхи подолання

Законодавча невизначеність поняття "промислові відходи": ризики та шляхи подолання