Ownership Transformation Research Articles

ПРИВЛАСНЕННЯ ІНФОРМАЦІЙНО-ЦИФРОВОГО ІНТЕЛЕКТУАЛЬНОГО ПРОДУКТУ: МІЖНАРОДНИЙ ДОСВІД ТА ПЕРСПЕКТИВИ ДЛЯ УКРАЇНИ

The article was sanctified to research of international experience of appropriation of informatively-digital intellectual product. On the achievements of foreign experience of realization of appropriation of informatively-digital intellectual product was accented. The prospects of implementation of partial conditions of appropriation of informatively-digital intellectual product from the European countries to realities of national economics of Ukraine were circumscribe. Analysis of evolution of product's of attribute of appropriation of intellectual product and specific of its deployment in the conditions of the Ancient World and in the epoch of European middle Ages was conducted. Significant differences in the evolution of such attribute of appropriation of informatively-digital intellectual product in the European countries in New and Newest times were shown. To research of specific of exteriorization of appropriation of informatively-digital intellectual product in Germany was spared the special attention. Were found out the stages of fixing and legitimating of intellectual product, namely: symbol (to V of century), privileged (from V to ХVІІІ of century), legal (from ХVІІІ to ХІХ of century), sign-symbol (from the end ХІХ of century). On the exert of appropriation mainly not own the created legitimate informatively-digital intellectual product in the conditions of strengthening of tendency of transformation of large ownership in the largest at the Germany was accented. The functional of appropriation not own the created legitimate informatively-digital intellectual product was detected and formalized in the system of equalizations. The stimulus of the extended reproduction of actors of appropriation not own the created legitimate informatively-digital intellectual product were severed in next parts: the state-private partnership for subsidies to tuitions of skilled specialists, research-and-developments (in the cluster of creators); protecting of national inventions from the "unwanted copy" (in the cluster of producers); government stimulation by the subsidies of research-and-developments, and also structuring of relations between a bank and industry (in the cluster of mediators-entrepreneurs). Further researches must be directed on the search of prospects of implementation of partial conditions of appropriation of informatively-digital intellectual product from the European countries to realities of national economics of Ukraine. Practical importance of the paper was represented in an availability for government regulation of use of international experience of development of local types of industrial activity in Ukraine, and also them scientific accompaniment.

The Rule of Law in Croatian Criminal Justice with a Case Study on its Breach by Tackling War Profiteering and Privatisation

The rule of law, as enshrined in the Croatian Constitution, establishes the highest values of the constitutional order, including the principles of constitutionality and legality. It ensures that laws and procedures in Criminal Law are well-defined and accessible to all, and provide legal certainty. The presumption of innocence safeguards the rights of the accused and ensures fair trials. The text emphasises the importance of the separation of powers and the role of the Constitutional Court in upholding constitutionality and the principle of legality as one of the main principles of (substantive) Criminal Law. Special reference is made to the constitutional amendments and legal measures taken to address criminal offences related to privatisation and ownership transformation and the Law on Exemption from the Statute of Limitations for War Profiteering and Crimes Committed in the Process of Ownership Transformation and Privatisation, which is a unique “phenomenon” ensuing from the retroactive application of the law contrary to the principle of legality, existing only in Croatian Criminal Law. This paper explores the interplay between the rule of law and Criminal Law in Croatia, highlighting the principles and legal framework that ensure justice and the protection of individual rights in the criminal justice system.

A STUDY ON CULTIVATING PROCESS OF CULTURAL LANDSCAPE AND RESPONSE OF RESIDENTIAL SPACE IN A HISTORIC URBAN AREA

This study analyzes the transformation of land ownership and land use in Naka-Uji area of Uji City during the modern era, and clarifies how they have responded to conditions of natural environment and urban infrastructure through the process of developing cultural landscapes. Regarding the land ownership, “The unit of land ownership” forms underlying structure of cultural landscape. Regarding the land use, "mosaic structure of open spaces" is revealed which consists of open spaces to be transformed autonomously and those to be regulated by conditions of natural environment and urban infrastructure and cannot be transformed as itself.

Casus „Polityki”

Despite the passage of more than a quarter-century since the decline of the Polish People’s Republic a weekly magazine ‘Polityka’, which occupied the second position of the sales results in 2014, has been holding a stable position on the weekly market review. This title was created in 1957 on the initiative of the Secretariat of the Central Committee of the Polish United Workers’ Party. During the period of the PPR (PRL) the weekly was used as a propaganda mouthpiece of the then communist authorities. As a result of this fact, in the 3rd Republic of Poland ‘Polityka’ made efforts to be associated with the center-left in order to lend credence in the eyes of the public. It should be added that at the same time ‘Polityka’ did not avoid presenting clearly on which side of the political scene it stood, the result of which was the fact that during the election campaigns on its columns it tried to promote those candidates who were supported by the editor’s party. It is also worthwhile noticing that after the fall of the Polish People’s Republic, the employees of this weekly decided to establish a journalism cooperative, which took over the right to the title. Great changes in the functioning of the magazine were introduced on 28 September 2012 when a limited joint-stock partnership ‘Polityka’ was created. What is more meaningful, not all of 130 employees of the publishing house became shareholders as the shares in the limited liability company were covered by only 20 key employees of the cooperative, who thanks to it gained crucial influence on the development plans and editorial policy of the weekly. Thereby in the area of the all-Poland media a cooperative form of ownership ceased to exist, symbolically ending the period of ownership transformation of the media, which begun after the fall of the Polish People’s Republic.

Ownership Transformations in a Post-Transition Economy: Which Institutions Matter? Evidence from the Polish Banking Sector

In this article, we investigate what kind of institutions affect bank ownership transformations in a post-transition economy. We use statistical data concerning mergers and acquisitions in the Polish banking sector over the thirty years since the political transformation. Our results indicate the significant role of political and cultural institutional dimensions in stimulating ownership transformation. The importance and current deficits in explaining Polish banking ownership transformations are evaluated through institutional analysis, emphasising the path dependence role and the critical junctures that influence the development of institutions. Identifying which institutions matter the most is crucial for post-reform economies when selecting the most effective policies. Classification codes G21, G32, G34

Efekti transformacije vlasništva osiguravača na sektor osiguranja u Srbiji

The process of ownership transformation in the financial sector was initiated by market liberalization, technological innovations, as well as market deregulation itself. Through the process of ownership transformation and restructuring, the insurance sector changes its business strategy and ownership structure, all of which contribute to maximizing profits and increasing business efficiency. Events in recent history accompanied by the Covid 19 pandemics, conflicts in Ukraine and Israel, the accelerated development of new technologies, as well as changes in the financial market, have aroused the interest of the scientific and professional public in studying the ownership transformation of the financial system. In this regard, recent research has shown that a smaller number of authors focused on the insurance sector, and that more attention is still dedicated on the analysis of the banking sector and other players on the financial market. The subject-matter of the analysis made in this paper is the ownership transformation of the insurance sector in the Republic of Serbia in the past two decades and its effects on the sector.

Naturalizując wywłaszczenia jako warunek modernizacji: Interpretacja wizji „Polskiego Złotego Wieku” Marcina Piątkowskiego z perspektywy teorii zależności

W tekście zaprezentowano krytyczną analizę książki Marcina Piątkowskiego Europejski lider wzrostu. Polska droga od ekonomicznych peryferii do gospodarki sukcesu [2019], rozumianej jako reprezentatywny przykład dyskursu entuzjastycznego wobec tzw. transformacji postkomunistycznej. Wspomniana praca rozpatrywana jest jako przykład dyskursywnej formy legitymizacji zachodzących wówczas radykalnych zmian, a przede wszystkim procesów przekształceń własnościowych, których ważnym elementem było przejście znaczącej części majątku narodowego w ręce właścicieli zagranicznych. Ramę interpretacyjną przyjętą w rozprawie stanowią teoria zależności oraz krytyczna teoria kapitalizmu Davida Harveya. W tej drugiej jednym z kluczowych elementów jest proces wywłaszczenia jawiący się jako ważna siła napędowa ekspansji globalnego kapitalizmu. Jak pokazano w tekście, w takich właśnie kategoriach wywłaszczeń rozpatrywać można nie tylko procesy przekształceń własnościowych w okresie po upadku PRL, ale także wcześniejsze cykle zmian własnościowych, szczególnie po 1918 r. oraz te rozpoczęte w 1945 r. Można zatem uważać zaproponowaną interpretację za próbę wpisania dominujących narracji na temat transformacji w ramy materialistycznej analizy ewolucji systemu światowego. Wskazano też, że omawiane procesy i dyskursy legitymizują pośrednio półperyferyjny status Polski w systemie światowym oraz strukturalnie uprzywilejowują elity inteligenckie, m.in. kosztem krajowej burżuazji.

Profitability of medical entities in Poland following ownership transformations

Profitability of medical entities in Poland following ownership transformations

Real estate registers in Germany and Russia: Public credibility of data vs. bona fide acquisition of property

The article analyzes dogma, scientific concepts and judicial practice on the acquisition of immovable property in case of its unauthorized alienation in Germany and Russia. The author proposes to improve the Russian model of real estate ownership protection, which is based on German legal constructions. Reasonable the acquirer should check the powers of the counterparty (the title) and doubt them, for example, when the price of the contract is non-market. However, such logic is nonsense in the sphere of civil turnover of real estate, because the legislator establishes the presumption of registered rights and guarantees the credibility of the registry data. Registrars carry out a legal expertise of title documents, therefore, purchasers should not take the risk if the records in the registry are erroneous. There is no need to investigate the gross negligence of the purchasers, and this changes the approach to understanding their bona fide. The essence of public credibility of the real estate register should be reflected in Articles 8.1, 223, 302 of the Civil Code of the Russian Federation: the acquirer does not become the owner if he knows about the uncertainty of the register, or there are marks about an objection or a court dispute regarding the registered right of the alienator. Such public credibility is not conditioned by the will of the previous owner or the payments of the acquirer. The rules of unjustified enrichment (Chapter 60 instead of prescription possession under Article 234, paragraph 4 of Article 302 of the Civil Code of the Russian Federation) can be applied to balance interests, if the victim has economic losses, and the acquirer has not incurred costs. A transaction between a trusting acquirer and an unauthorized alienator means that there is no personal and economic identity between them (family ties, relations of a corporation with its sole participant, transformation of joint ownership into shared ownership between the same persons, etc.). Despite the absence in Russia of a mandatory notarial form of alienation of real estate and an abstract real contract, the legislator can transform the negative system of registration of rights and establish a fiction (the acquisition on the basis of public credibility of register, i.e. a partially positive or fiduciary registration system).

Transformation of Land Ownership and Land Use in Kyrgyzstan in the 1920s

The problems of land and water reform in the south of Kyrgyzstan in 1927-1928 are considered. It is noted that the agrarian issue has not yet been resolved in the early years of Soviet power. The main task of the Soviet government was to seize land, agricultural implements and other property from large landowners and provide them to landless and land-poor peasants. In the southern regions of Kyrgyzstan, large landowners (16.8% of all farms) concentrated in their hands more than half of all land (52.2%), more than a third of working livestock and equipment (39.8% and 35.2%, respectively). For the implementation of the land reform in the southern volosts, preparatory work and a statistical and economic survey were carried out. During the reform, various forms of protest arose, conflicts on the part of large landowners, Russian kulaks. As a result of the reform in the Osh and Jalal-Abad cantons, 278 large bai, 219 large merchants and other non-working households were liquidated, and 3447 households were infringed. It is noted that the land and water reform was a prerequisite for the collectivization of agriculture.

TRANSFORMASI SPASIAL PADA KORIDOR RUANG JALAN CENDRAWASIH – DEMANGAN BARU YOGYAKARTA

Spatial transformation in corridors road space is a shape transformation of the road space structure and shape from the previous condition to the current condition, including physical and non-physical spaces, namely roads and the scope of road space as a form of a spatial structure. The Cendrawasih – Demangan Baru corridor road space has a strategic location, which is in Depok District as the center of education and economy in Sleman Regency and it is directly next to the Yogyakarta city. It has a direct impact on the Cendrawasih – Demangan Baru corridor road space so it be through a spatial transformation due to the increase of commercial activity in this area. This study used a qualitative rationalistic method with comparative descriptive analysis. This study examined the spatial transformation of the Cendrawasih – Demangan Baru corridor road space from 2006 to 2021 by combining field observations, interviews, and literature studies. Based on the analysis and theoretical study results, there was a significant transformation in the scope of the road space which included a partial transformation to a total transformation, while the roads and pedestrian paths had not changed in their dimensions, but both of them could not fulfill the needs of road space users due to the transformation in the road space scope. The factors causing the transformation were function transformation, ownership transformation and building transformation.

OWNERSHIP TRANSFORMATIONS IN AGRICULTURE IN THE YEARS 1992-2020

The aim of the article was to describe the process of ownership transformations carried out in the years 1992-2020. It addresses economic determinants for the establishment of the Agricultural Property Agency of the State Treasury (APAST) Agricultural Property Agency (APA) as well as its tasks aimed at implementing these transformations. The analysis covered two transformation periods, namely the years 1992-1996 and 2000-2020. The research applied descriptive and descriptive–comparative methods as well as statistical descriptive and also a tabular technique. The basic source of research materials was the source literature and statistical data from the Agricultural Property Agency (APA), the National Support Centre for Agriculture (NSCA) reports and the studies published in Institute of Agricultural and Food Economics (IAFE) entitled “The Market of Agricultural Land”. It was attempted to define the role of land sale and land lease in this process. The changes which occurred in the leased and sold land were also indicated. The legal regulations in force regarding property turnover were discussed, pointing to the limitations resulting from these legal acts in the implementation of transformations. The research showed that both sale and lease played an important role in transformations in various periods of the APAST/APA functioning.

Potresna obnova i neizvjesno vlasništvo

The 2020 earthquakes that struck the City of Zagreb and the areas of Sisačko-moslavačka, Karlovačka, Zagrebačka and Krapinsko-zagorska counties have resulted in damages of approximately 17 billion euro that must be repaired as quickly as possible. The Reconstruction Act envisages various forms of reconstruction the execution of which is dependent on an accurate and complete state of title, irrespective of whether such reconstruction is financed by public or private funds. The current state of the land register presents itself as inadequate, essentially jeopardizing reconstruction, for numerous reasons. The incongruence between the land register and the land cadaster makes it impossible to accurately publish property rights over land because the land registration system is dependent on current cadastral data. Land registration renewal proceedings, in progress today, are belated by decades, making them so much more complex due to continuing urban development and legal transactions that were remained uninterrupted by a dated land record. The socialist era in property law has during its various stages led to quick unrecorded mass transfers in the form of socializing land and creating new property rights over socially owned land that were only partially recorded in the land register, both due to inactivity of the governent and due to proactive measures of preventing registrations under spatial planning, building, and tax regulation that all unnecessarily involved the land register in the system of monitoring the application of public law. In the transitional period characterized by the transformation of social ownership and restitution property law changes were also unrecorded, occurring by way of a myriad of complicated and segmented provisions, while processes that would have resulted in an “orderly“ state of land records, such as expunging social ownership and the unification of land records, determining co-ownership shares for condominiums, linking land registers and deed registers, and renewing land registers, were absent or slow-paced. Concurrently, unrecorded transfers and universal successions were present during this entire period, causing multiple transfers and making it more difficult to determine an unbroken legal chain in transferring ownership. The starting point of the amended Reconstruction Act—that public financing is the answer to existing clouded title—is incorrect because co-owner participation is necessary for deciding to proceed with reconstruction, for initiating requisite proceedings, and for participating in the reconstruction by concluding and satisfying construction or reconstruction contracts. Even though the Reconstruction Act facilitated decision-making in co-ownership by modifying the requisite majority, the fundamental question of who participates in the majority or minority has remained open, and insufficient thought has been given to the position of other property right holders. This problem also reflects itself on the procedural pane in terms of determining the eligibility of the filing party i.e., its procedural role as party to the proceedings. Even though a determination of ownership is available under the provisions on preliminary issues, in most cases it will not result with a solution due to the incongruence of the land register and the land cadaster, and particularly not in case of unrecorded transactions. Similar problems may arise in litigation and in special correction proceedings, especially in complex cases where unrecorded transfers coincide with universal successions. Land registration renewal, carried out sua sponte, presents itself as the only systemic solution that can bring about reasonably final results grounded in an equitable finding of the court. Even though this solution is not ideal, itself being prone to certain ambiguities and objections, it is currently the only available legal tool for resolving clouded title cases en masse. Alternative legal models grounded in deviations from the principle of public faith of registration have demonstrated a limited application and problems of borderline constitutionality, while models grounded in sequestration are insufficiently developed.

50 Years with Nordic Hydrology/Hydrology Research

Abstract The history of Nordic Hydrology/Hydrology Research is described from its initiation in 1970 to its current state in 2021. This includes dramatic changes leading first to an ownership transformation to Nordic Association for Hydrology (NAH) in 1976, and much later, in 2004, to a joint ownership between NAH, British Hydrological Society and IWA Publishing. The development in publication policy during time is covered as well.

Applicability of the Star Model on Indian Neighborhood: Case of Malviya Nagar, South Delhi

Over the years, there have been numerous debates and explanations on privatization of public space, its inclusivity, and of course the degree of publicness such spaces offer. The distinction of pure public space is a layered progression folding the publicness into a private space. The character sketch of these pseudo-public spaces have been defined by many theorists on the basis of accessibility, control, ownership, and typology transformation that happens. This paper bestows star model for measuring the publicness of such public spaces in a neighborhood, aiming to analyze the behavioral shift that subsequently emulates. The model is deliberated to be of value for analyzing the publicness of Indian neighborhoods in a rational manner with few implications of Indian context. The study concludes unravelling the new form of public space, supposedly taking control over our cities and its related complexities in redefining the meaning of publicness.

Does Black Economic Empowerment Ownership Matter? A Decolonial Analysis of “Black Visibility” in South Africa’s Print Media Content, 1994–2014

ABSTRACT Ownership is identified as one of the major factors that influence the production of news. South Africa’s print media transformation situation presents an important Global South case study for journalism debates about ownership effects on news. The country’s media transformation agenda is based on the premise that transformation of ownership will automatically lead to a transformation of content on these levels. This study empirically examines whether the racial changes in print media ownership facilitated by black economic empowerment in the first 20 years of South Africa’s democracy (1994–2014) led to transformation of content with a focus on racial stereotypes of blackness. It conducts a decolonial analysis of the representation of blackness in three issues that have framed post-apartheid South Africa: socioeconomic rights; labour issues and protests; black government vs. big business or “white economic elite”. The findings show that despite an increase in black ownership, “inferential racism” of blackness pervades content. The nature of representation also coincides with decolonial theory’s concept of “non-being” and its enunciation of the colonised subject being the “damned of the earth”, in the near invisibility of black people’s struggles, hypervisibility of black leadership shortcomings, and in the depiction of protestors as inherently violent, disorderly, deviants, and criminals. The study concludes that in the case of South Africa ownership does not matter, a change from white ownership to considerable black ownership since 1994 did not significantly “transform” historical racist tropes of blackness in content.

Changes in Ownership and Ulayat Land Use in Lumban Rau Timur Village, Toba Samosir

This study explores the historical background of the establishment and the uses of customary land in Lumban Rau Timur Village. It analyses the process and mechanism of transferring customary rights as well as factors that influence the role of the state and the market in determining the direction and change of the customary land of the Toba Batak people in Samosir Regency. Sources were collected by structured interviews, observation, and literature study. Methods and data analysis uses a descriptive qualitative research approach with a socio-historical approach. The historical background of the formation of ulayat in Lumban Rao Timur Village comes from land clearing and comes from golat land (land grabbing due to land conflicts). Communal land includes areas where ceremonies, graves, rice fields, livestock grazing areas, cultivated forests, expansion areas or settlement expansion, waters and forest areas, wild plants are managed and used together. Ethnics are inhabited by residents who have genealogical and territorial ties. According to tradition, the land should not be transferred to other parties, but over time, there has been a transformation of land ownership to other parties, both local residents who lived in and outside the village, which is intended for agriculture and non-agriculture. The transformation of ulayat land ownership is caused by socio-cultural shifts, demographic pressures, openness information and communication as well as the state penetration via government regulations on natural resources under the development programs in the areas of Lake Toba.

An Evaluation of Economic Efficiency of Health Care Entities Using the Taxonomic Measure of Development (TMD)

The article aimed to indicate the significance of the economic efficiency of medical entities (hospitals) in the period before and after ownership transformation using the taxonomic development measure (TMD). Attention was paid to the specifics of assessing a medical entity whose task is to ensure patient safety by providing high-quality services while maintaining the principle of rational and optimum use of resources. The statistical data came from the financial statements of the studied entities (profitability, liquidity, debt, and efficiency). The taxonomic measure of development gives the possibility to classify the entities according to the level of their development in different periods. The conducted research makes it possible to indicate the impact of ownership transformation on the level of hospital development. Such research can be used in decision support system for decision makers. Information about the impact of the transformations on the hospital situation can be used to solve problems and in decision-making.

Demokratizacija svojinskih odnosa

The process of democratization of property relations has affected, first of all, the European area, and then the other parts of the world. Having been established with a clear economic and social content, without the ideological burden, the employees shareholding and participation have the conditions to expand, strengthen their power and become one of the important factors in the structure of the modern society. In our area, the process of the transformation of social ownership began with the employees shareholding. Company employees were given the right to buy internal shares under privileged conditions. That was the main form of transformation. There was trust in the company to initiate, organize and manage the process of transformation in its own interest. The funds obtained through the issuance of shares, selling a part of the company or the whole company, according to the express provisions of the law, belong to the company or its complex form. Later, already during 90s, ideological properties were unjustifiably attributed to the employees shareholding and participation, which led to their complete exclusion from the economic and legal system. By subsequent regulations, privatization was almost exclusively reduced to selling, thus excluding all other possible different forms of privatization. This approach lost the sight of the basic economic objectives of privatization: there was no acquiring of new capital or new investment cycle; there were neither new business entities capable of receiving and fertilizing the capital emerged, nor the privatization represented an incentive for dynamic development of economy and employment. Economic enterprises were extinguished, and unemployment increased. And now, in a much less favorable economic and social climate, it is reasonable to raise the issue of whether there are still conditions to engage the inner forces that would take upon themselves the responsibility for getting out of the crisis, by introducing the employees shareholding and privatization. A prerequisite for this is certainly the creation of a legal framework for the establishment and development of the employees shareholding and participation. This would simultaneously bring us closer to the legal system of the European Union and its member states, in which the employees shareholding and participation are widely established and legally regulated institutions.

Do Islamic Banking Financial Instruments Achieve Equitable Income and Wealth Distribution?

The study investigates empirically whether the current practices of Sharīʿah-based financing contracts namely, Murabahah, Musharakah, Mudarabah, Istisna, Bai Bithaman Ajil, Ijarah and other contracts in the Malaysian Islamic banking industry achieved equitable income and wealth distribution. To do so, the study applied the bounds test and ARDL model to investigate the relationship between Sharīʿah-based financing contracts and Malaysian GINI coefficient index over the period from 1Q 2014 to 1Q 2019. In analyzing the long- and short-run implications, it was found that the practice of such Sharīʿah-based financing contracts in the Islamic banking industry achieved equitable income and wealth distribution in Malaysia using Murabahah, Mudarabah, Istisna, Bai Bithaman Ajil, and other (i.e., forward Ijarah) financing contracts. On the other hand, the findings indicated that Musharakah and Ijarah-based financing contract practices did not achieve equitable income and wealth distribution in Malaysia. This may be because the current practices of both contracts which seem to be handled as debts instruments and designed to the benefit of the banking sector only. To improve the Islamic banks’ financing practices in Malaysia, the outcomes of the study suggest that bank operators should strengthen the weight of Sharīʿah-based profit and loss sharing financing contracts with small and mid-size enterprises (SMEs) instead of corporations. In other words, Islamic banks are able to achieve fair income and wealth distribution and uphold the concept of justice for all by gradually increasing Musharakah-based financing for SMEs that can potentially grow and create economic value. Further, to solve the problem of Ijarah contract practices, Islamic banks must take steps to enhance the requirements of Ijarah contracts, specifically ownership transformation, maintenance responsibility, default penalty, and the issue of legal treatment as well as bear the costs, risks and rewards related to the leasing asset instead of borne by the clint. The empirical findings of the study will provide valuable input for banks policymakers, particularly central banks, and Islamic bank management to evaluate the current practice of Islamic finance and proactively correct shortcomings to achieve equitable wealth distribution. This study is a pioneering investigation that empirically evaluates whether the current practices of Islamic banking financial instruments achieve the aims of the equitable financial system, and ensure that Islamic banks, as intermediaries, address the issue of inequality and attain equitable wealth distribution worldwide.