Protection Of Private Property Research Articles

Reform of State-Owned Enterprises – New Threats and New Opportunities for the Development of Uzbekistan’s Economy

The purpose of this article is to identify new threats and opportunities in the reform of state-owned enterprises in Uzbekistan to improve the efficiency of state-owned enterprises and the national economy as a whole. In the course of this study, the problem of corruption, methods of reforming state enterprises in developing countries, their consequences and directions of development were studied. And also, a critical view is given and recommendations are proposed for the reform of state-owned enterprises in the domestic economy. Based on the results of the analysis and analysis of state programs, special problems were identified in state-owned enterprises in the field of subsoil use, extractive industries and the activities of enterprises with a state share. The results of the study indicate the need to strengthen supervision over the activities of state-owned enterprises, since their profitability or unprofitability directly affects the degree of associated fiscal risks. State- owned enterprises often perform quasi-fiscal functions, attracting funds from both the state budget and external sources to finance industry projects. In the field of reforming state-owned enterprises of Uzbekistan, key conclusions have been made regarding the communication to the public, the goals, objectives and the need for ongoing transformations. There is no doubt that the reform of state-owned enterprises requires significant changes in legislation in the field of antimonopoly regulation and protection of competition, the banking and financial system, improving the protection of private property and consumer rights, social protection of the most vulnerable segments of the population and the unemployed.

The Scene of Eviction: Reification and Resistance in Depression-Era Narratives of Dispossession

AbstractBecause evictions pervaded US working-class cityscapes during the Great Depression, newspapers actively covered their developments and aftermaths, trading in eviction as a commodifiable experience that could entertain readers at the expense of pathologizing evictees and naturalizing summary process. Against this eviction reportage, this essay identifies a disconnected coterie of authors and artists who represented evictions and anti-eviction protests in their works, mapping out an urban geography that attends to the sociospatial and historical politics of forced ejection. In the writings of H. T. Tsiang and Ralph Ellison in particular, eviction constitutes a spatial politics of violence and exclusion, revealing the state’s protection of private property and bourgeois class interests over the well-being of its working-class and unemployed residents. Illustrating the sociospatial politics of eviction, these authors exploited and contested popular genres of eviction reportage, which narrated dispossession as a pathology of the poor to legitimate the state’s violent protection of private property. Challenging this pathologization as well as the scapegoating of Communist agitation, this essay contends that these texts account for how the juridical architecture of eviction itself creates the space and social mechanisms for anti-eviction resistance to take place. In so doing, this article positions housing and homeless justice as a politics central to the aesthetic experimentations and legacy of 1930s proletarian modernisms.

CIVIL-LEGAL ASPECTS OF THE PROTECTION OF PRIVATE PROPERTY

In this article, the author analyzes domestic and foreign regulations for the protection of private property and their main provisions. The article also draws attention to some theoretical sources made by the author in the field of protection of private property, while also focusing on the theoretical aspects of the protection of private property rights belonging to the owner.

Unbundling institutional determinants of innovation

AbstractWhy are some nations wealthy, while others remain mired in poverty? Prior literature suggests technological innovation and strong institutions are uniquely conducive to long‐term economic growth. Property rights institutions (PRIs) afford protection from expropriation by the government and political elites, while contracting institutions (CIs) allow private parties to conduct commercial transactions. In this study, we systematically examine the relative effects of PRIs and CIs on innovation. Using an instrumental variable (IV) approach and two‐stage least squares regression framework, our results suggest that PRIs have a strong positive effect on innovation, while CIs do not. Constraint on executive, protection from expropriation of the government, and protection of private property are proxies for PRIs, while legal formalism, procedural complexity, and number of procedures are proxies for CIs. We find strong empirical evidence that PRIs have statistically significant effects both on innovation intensity and time lag in innovation adoption, while the impacts of CIs on these measures of innovation are generally insignificant. Our findings are relevant to policymakers today as developing countries look to innovation to reignite their economies and avoid the middle‐income trap.

The Beginning of Private Security and the Development of the Hungarian Private Security Sector up to the First Legal Instrument with the Status of Law

Aim: The aim of the current study is to present the progress of the modern private security, with the review of the fosterer (catalyst) and impedimental factors, focusing on the development of the legal regulation.Methodology: During our research we analysed the law material of socialism, reviewed scientific works and press articles.Findings: The framework for the sector is usually determined on national level, but endeavouring to optimally regulate it is crucial as it can be a hotbed of unlawful performance and misuse, while overregulation can thwart efficient and effective operation. For instance, determining initial profit obligations for enterprises later proved to be an interfering factor and was repealed in 2005. Private property has always needed protection throughout history and this need for protection is one of the main catalysts for the expansion of private security.The other is the growing sense of criminality as the common subjective security- preconception deteriorated.Value: The milestone in the history of the profession in Hungary is the Act XXXXIV of 1994 on the Police that expressis verbis proclaims that the protection of public security does not belong to the exclusive tasks of the Police as private sector has to take part in private property protection. Act IV of 1998 officially recognized property protection as a profession. This study emphasizes these facts. The legal background of Hungarian private security will be reformed soon. The legislation creates new norms (legal tools of defence, methods) according to the characteristics of defended values (values, threats). It is crucial to learn the historical background and development of private security in the process of creating proper, effective new law.

Platforma za "Okončanje ratnog perioda" na prostorima bivše SFRJ sprovođenjem ratifikovanog Ugovora o pitanjima sukcesije uz posebni osvrt na "Anex G"

The reason for writing this paper is the (non) application of the Agreement on Succession Issues, especially its Annex G, which refers to private property and acquired rights. The authors analyzed the legal norms from a theoretical point of view, and then, by researching case law and analyzing the decisions made, they pointed out the (non) application of the ratified Agreement on Succession Issues. Respecting the assumed international obligations, valid international law, legality and justice, as well as the credibility of the European Union, it is necessary in practice to ensure more efficient and direct application of Annex "G" of the Agreement on Succession Issues which stipulates that SFRY successor states will protect private property. and acquired rights of citizens and other legal entities. Result of the author's paper is the Platform for "Ending the War Period" on the territory of the former joint state of SFRY by implementing the ratified Agreement on Succession Issues with Annexes of "A - G" with special reference to Annex "G" Private property and acquired rights, as a convalidation enacted laws and their legal consequences. The aim of the paper is for the representatives of the states of the former SFRY to adopt the proposals of the future Declaration on the basis of the mentioned Platform, which the authors presented in the conclusion of the paper.

Національна безпека України: економічний вимір

The article reveals the essential characteristics of economic security, its components, role and features. The vision of national security of Ukraine as a set of interconnected components allows to put on the agenda its economic dimension as one of the main among others: military, energy, information, consolidating – political. The evolution of organizational and legal bases and institutions of public administration created to ensure economic security in the face of threats and their counteraction in independent Ukraine is traced, the effectiveness of their activities is assessed, the weaknesses of Ukraine’s economic system . The interdependence and coherence of Ukraine’s economic security and national economic interests and their direct impact not only on the economic but also on the political sovereignty of our state have been proved. It is argued that understanding the essence of the state’s economic security as a means of protecting one’s own interests, political elite and the slow growth of the economic culture of ordinary citizens are threats to Ukraine’s economic security. Emphasis is placed on the need to complete the reforms, in particular, strengthen the protection of private property, change the law enforcement system and carry out urgent reforms and measures – large-scale privatization, corporate governance of state enterprises, overcoming low economic literacy, economic deregulation, innovative modernization, institutions, further economization of foreign policy to expand the geography and increase the capacity of Ukrainian exports, increase the efficiency of economic diplomacy. It is emphasized that the protection of the state lacks not so much a professional assessment of the economic dimension of national security and the declaration of reforms, as patriots-reformers and their support and understanding of society.

Non-criminal murders: A sociological essay about the use of self-defence in Argentina

This article seeks to examine the use of the figure of self-defence in the practices of the Buenos Aires criminal justice system. As we will show with the analysis of some paradigmatic cases, through the use of this exceptional figure, this criminal justice system produces certain murders as non-criminal acts to, paradoxically, safeguard individual life as a hegemonic value. Moreover, we will observe that the use of this legal figure reveals that killings to protect private property may not have a criminal character either. This in turn suggests that private property is also a hegemonic value for this criminal justice system, and that the allegedly supremacy of individual life over private property in its value scale should be at least questioned.

Protecting concessionary rights: General principles and the making of international investment law

AbstractThis article engages with the history of international investment law in the first half of the twentieth century. It traces how international lawyers inscribed their vision of an international legal order protecting private property of Western companies against attempts at nationalization in the wake of socialist revolutions and the decolonization of large parts of the world. The article focuses on the role of ‘general principles of law as recognized by civilized nations’ as building blocks for an international legal order today called international investment law. Rather than describing a direct line between contemporary standards of protection and the invocation of general principles, the article develops conditions of possibility for the emergent field of international investment law. These conditions are located both in arbitral practice, as well as in international legal scholarship of the early twentieth century. Based on the analysis of such arbitrations over disputes resulting from concession agreements and scholarly writings in the interwar period, the contribution draws out the modes of authorization upon which the legal claims advanced by international lawyers rested. At the heart of the vision were ideas of ‘modernity’, ‘civilization’, ‘equity’, and ‘justice’ that enabled a hierarchization of difference, locating Western claims to legality above rivalling claims of socialist and ‘newly independent’ states. These ideas ultimately constituted the paradox of a ‘modern law of nature’ that claimed timeless universality while authorizing the ordering of foreign property in line with Western conceptions of modernity.

Legal origins and innovation: Global evidence

This paper presents cross-country evidence on whether and how legal origins affect technical innovation. Using panel data on 120 countries between 1996 and 2019 and the Least Square Dummy Variable (LSDV) approach, we find that common law countries generally perform better in both technology innovation inputs and outputs than their civil law counterparts. Interestingly, we further present that French civil law countries exhibit the worst innovative performance, whereas German and Scandinavian civil law countries might even exceed common law countries in technical innovation. At least, there is no solid evidence to show that common law countries outperform German and Scandinavian civil law countries in technical innovation. Our findings further show that legal origins affect technical innovation via the political channel and the adaptation channel, and that legal origins’ actual role in technical innovation correlates with their impacts on financial development and private property protection. Our study offers new insight into legal origins’ economic consequences.

The end of rent sharing: corporate governance reforms in South Korea

ABSTRACT As the imprisonment of Samsung’s heir, JY Lee, clearly indicates, South Korean conglomerate groups (chaebol) face enormous difficulties in protecting their private property via father-son inheritance of the entire group. High party polarization (i.e. intense competition between ideologically divided political parties) within Korean democracy has continuously threatened the chaebols’ private property and family succession system, criticizing the unusually high economic concentration enjoyed by the top ten chaebols. Using the rent sharing view (RSV) of corporate governance, this contribution to the special issue examines key variables in the evolution of Korean corporate governance: the impact of the traditional corporate governance (TCG) and the new holding company system (HCS) on intragroup trading (IGT), non-dividend incomes hoarded by owning families, ownership-control disparity (OCD) and family succession. We find that private property protection through rent sharing continues to overshadow chaebols’ choices about their future corporate governance structure, while the new HCS fails to curb IGT, non-dividend incomes, OCD and family succession.

Early Australian rabbit-proof fences: paling, slab and stub fences, modified dry stone walls, and wire netting

AbstractFences were critical in the fight against rabbits in colonial Australia. Initially, domestic rabbits were farmed in pens or paddocks fenced with paling fences or walls. Wild-caught rabbits imported from England escaped and became serious pests from the 1850s. As their status changed from protected private property to a major pest, the functions of fences changed to fencing rabbits out. Legislation requiring or specifying rabbit-proof fences lagged several years behind recognition of rabbits as a problem. Most log and brush fences in infested districts were burnt to destroy rabbit harbour. Dry stone walls were modified in many ways; paling, slab, picket and stub fences were all tried, but were unsuccessful, and by 1886 netting was standard. Using examples from the rich agricultural Western District and the considerably poorer Mallee Region of Victoria, this article describes the many forms of rabbit fences used between the 1850s and the mid-1880s. All of the experimentation with different structures was by individual landholders, with colonial governments conspicuous by their lack of involvement until they erected rabbit-proof barrier fences.

Revolutionary Masculinity and Racial Inequality: Gendering War and Politics in Cuba

Revolutionary Masculinity and Racial Inequality: Gendering War and Politics in Cuba

States, Institutions, and Literacy Rates in Early-Modern Western Europe

The purpose of the paper is to develop the theory that structural or procedural changes in institutions precede changes in education in a society. It examines the development of pre-modern institutions in Western Europe in the 16th and 17th centuries and the influences this had on growth in literacy rates within these states. Literacy rates in Western European countries during the Middle Ages were below twenty percent of the population. For most countries, literacy rates did not experience significant increases until the Enlightenment and industrialization. Two early exceptions to this broad trend were the Netherlands and England, which had achieved literacy rates above fifty percent of their populations by the mid-seventeenth century. The explanations for these divergent trends are the structural changes in formal institutions that embodied capital markets, protected private property, and overall established the initial steps in developing modern political institutions. This created incentives to invest more in schools per capita as well as incentives for a middle class to invest more in literacy and numeracy skills for a market-exchange economy that was becoming more specialized in division of labor.

The Importance Of The General Principles Of European Union Law In Ensuring Public And Private Interests In Environmental Relations

The article is aimed at studying the content of the general principles of European Union (EU) law, their importance in ensuring public and private interests in environmental relations.
 It is argued that the principles of law are based on public interests and needs, so the most important characteristic of the principles of law is their ability to put emphasis on the most important values of public life. It is established that the full potential of the principles of law is best manifested in the administration of justice, most clearly reflected in the case law of the European Court of Human Rights, less perfectly - in the judicial system of Ukraine.
 The general principles common to the legal systems of the EU member states are the following: 1) the principle of proportionality; 2) the principle of legal certainty; 3) the principle of legitimate expectations.
 Performing its functions, the state may intervene in the private sphere within acceptable limits, and the criteria of the principle of proportionality are used to optimize such intervention in order to satisfy the general public interest. The following criteria are defined: 1) the legality of intervention; 2) a legitimate purpose (justification of intervention by the general interest); 3) a fair balance between the interests of property rights and public interests. The intervention should ideally be proportionate, measured, optimal and easy for the entity. In essence, this principle is designed to control the law not only in terms of the legitimacy of the influence of the authorities on fundamental rights but also on its balance in general. Legal certainty requires not only the promulgation of adopted laws or other regulations but also the relative clarity of their content so that individuals can predict and determine their behavior, the limits of manifestation and realization of their interests. The principle of legitimate expectations (reasonable predictability of court decisions) in the procedural sense applies to uniform and consistent law enforcement practice, avoidance of selective justice. The use of the concept of legitimate expectations is effective for application in cases of the protection of private property rights as well as the right to public property and public interests. It is allowed to limit the principle of protection of legitimate expectations, for example, if there is an overriding public interest, which is applicable in terms of environmental relations.
 The article argues that the practice of the European Court of Human Rights, as a source of law, provides a legal interpretation of substantive and procedural norms that would be vague without practical explanation. In the meantime, it is argued that in the process of approximating the environmental norms of Ukraine with EU law, the specifics of the environmental sphere and the competitive nature of the interests of entities that implement the corresponding regulations have to be considered.

Human-environmental relations, planning and conservation. “Doing nothing” and “doing something” in the protection of local knowledge

The protection of human-environmental relations is a subject that involves different kind of legal frameworks that crosses the field of environmental management. This work discusses the incidence of global logics of private property protection behind a project of technological innovation with a group of artisan families who make food products derived from palms in south-eastern Uruguay. The innovation project is part of an attempt to conserve specific ecosystems configured by these palms. This paper analyses the expectations, demands and conflicts regarding the protection of the local knowledge and suggests that environmental management must carefully consider to what extent they interfere in everyday life.

ПРОБЛЕМИ ТА ПЕРСПЕКТИВИ РОЗВИТКУ ПІДПРИЄМНИЦТВА В УКРАЇНІ

The article considers the issues of business development of Ukraine. Supporting small business and building a society-oriented economy are becoming important areas of Ukraine’s reform. The main factor is to raise people’s living standards and promote the integration of the national economy. Based on a detailed analysis of statistics and indicators that characterize Ukrainian business trends, namely: the number of companies, number of employees, sales, financial indicators, we are trying to find a way out, looking for new ways to reform. Promising ways to solve these problems in the context of small business support are proposed. In today’s market economy, Ukraine is forced to overcome many macroeconomic obstacles, mainly due to inefficient financial security, excessive tax pressure and other restrictions imposed by law. The creation of an appropriate legal framework for business development primarily involves the establishment of legal guarantees to ensure freedom and protection of private property, the formulation of effective laws and regulations aimed at stimulating entrepreneurship, eliminating legal contradictions and repealing regulations that hinder the development of private initiative. By ignoring the benefits of entrepreneurship, the number of employees increased and the number of self-employed decreased. These processes negatively affect the social activities of citizens, inhibiting the desire and ability of people to pursue specific interests associated with the active activities of independent businesses. Therefore, in order to introduce an effective mechanism of entrepreneurship in Ukraine, it is necessary to first take certain measures to democratize market relations and reduce social tensions. The interests of entrepreneurs should be protected not only by government agencies, but also by individual organizations created to lobby the business community, whose views are important in the national decision-making process, especially with regard to taxation and donations. Therefore, a promising way to overcome these obstacles should be to reach a consensus that entrepreneurs should protect their own interests. The role of the state should be only to improve the necessary infrastructure and create an effective legal framework to create space for the development of public organizations and other associations aimed at solving the problems of Ukrainian business development.

ДОСЛІДЖЕННЯ ІНВЕСТИЦІЙНОГО ПОТЕНЦІАЛУ УКРАЇНИ ТА НІДЕРЛАНДІВ: ПОРІВНЯЛЬНА ХАРАКТЕРИСТИКА

In the article the authors substantiated the importance of studying world experience to increase the country's investment attractiveness, revealed the essence of the country's investment potential, and pointed out the main factors that affect the level of investment potential and used in calculating the country's investment attractiveness. Authors have considered the consequences of the COVID-19 pandemic for global investment flows. The place of Ukraine and the Netherlands in global investment flows is assessed. A comparative assessment of the natural-geographical, consumer, labor potential of Ukraine and the Netherlands was conducted. In particular, it was found that Ukraine has a high level of investment potential (favorable geographical location, natural resources, large consumer market and highly educated and at the same time relatively cheap labor), but foreign investors are reluctant to invest here, and in the Netherlands the situation with natural resources, geographical, labor, consumer potential is slightly worse, however, over the past decade the country remains one of the largest recipients of foreign direct investment in Europe. It is established that the reasons for this situation are the legislative, political, social, economic risks in Ukraine and the Netherlands and their impact on the investment climate in both countries. The tax policy, the level of corruption, quality and efficiency of public administration in both countries and their impact on foreign direct investment flows are studied. The ranking positions of the studied countries according to the indicators of investment attractiveness, namely the Index of Ease of Doing Business, the Global Innovation Index, the Corruption Perceptions Index, the Economic Freedom Index, and the Prosperity Index are analyzed. Based on the results of the study, priority areas of work in the field of increasing the investment potential of our state are formulated, namely: overcoming corruption, reforming the judiciary, regulatory and law enforcement agencies, stimulating innovative research and development, infrastructure development, investment freedom, protection of private property.

The Case of the Dishonest Scrivener: Gouverneur Morris and the Creation of the Federalist Constitution

At the end of the Constitutional Convention, the delegates appointed the Committee of Style and Arrangement to bring together the textual provisions that the Convention had previously agreed to and to prepare a final constitution. Pennsylvania delegate Gouverneur Morris drafted the document for the Committee, and, with few revisions and little debate, the Convention adopted Morris’s draft. For more than two hundred years, questions have been raised as to whether Morris covertly altered the text in order to advance his constitutional vision, but modern legal scholars and historians studying the Convention have either ignored the issue or concluded that Morris was an honest scrivener. No prior article has systematically compared the Committee’s draft to the previously adopted resolutions or discussed the implications of those changes for constitutional law. This Article undertakes that comparison. It shows that Morris made fifteen significant changes to the Constitution and that many of the Constitution’s central elements were wholly or in critical part Morris’s work. Morris’s changes strengthened the national executive and judiciary, provided the textual basis for judicial review, increased presidential accountability through an expansive conception of impeachment, protected private property, mandated that the census report reflect “actual enumeration,” removed the constitutional text suggesting that slavery was just, and fought slavery’s spread. This Article also shows that Morris created the basis for the Federalist reading of the Constitution. Federalists—notably including fellow Committee member Alexander Hamilton—repeatedly drew on language crafted by Morris as they fought for their vision of the Constitution. Because the changes Morris made to the Convention’s agreed language were subtle, both Republicans and Federalists were able to appeal to text in the great constitutional battles of the early republic. Modern originalists claim that the Republican reading reflects the original understanding of the Constitution, but this Article argues that the largely dismissed Federalist reading explains words, phrases, and punctuation that the Republican reading ignores or renders unintelligible. By contrast, the Federalist reading of the Preamble (which they saw as a grant of substantive power), the Article I and Article II Vesting Clauses (which were contrasted to argue for expansive executive power), the Article III Vesting Clause (which they read to mandate the creation of lower federal courts), the Contracts Clause (which they read to cover public as well as private contracts), the Impeachment Clause (which they read to cover both nonofficial and official acts), and the “law of the land” provision (which they construed as a basis for judicial review) gives effect to Morris’s—and the Constitution’s—words.

Terms of use of judicial acts for machine learning (analysis of some judicial decisions on the protection of property rights).

The subject of the article is some judicial acts on cases concerning protection of private property issued in Russia in recent years in the context of changes in the procedural legislation and legislation on the judicial system. The purpose of this article is to discover whether the current Russian judicial decisions may serve as input data for a machine learning algorithm in future. The main results, scope of application. The article presents an analysis of the changes in the Russian procedural law and in the regulation of the national judicial system in the recent years, which form new trends in judicial practice, according to the latest cases for the protection of private property in the courts. The author makes an analysis of the effectiveness of justice in providing recourse to private property violations in Russia. It is discovered whether the judicial protection has been substantially improved, following the promises of the Russian government. The article argues that these trends in judicial practice will negatively affect the automation of justice in the context of the nationwide digitalization of justice Such digitalization requires setting guidelines for the automated judicial decisions followed by the automated delivery of judicial documents. The methodology combines legal interpretation of judicial acts and Russian legislation comparative research, foresight and critical approach based on structured analysis, induction and deduction. Conclusions. There is a systemic deficiency in protecting private property in Russia, since neither the rules of civil and administrative proceedings, nor the constitutional control tools provide adequate protection on the matter. The recent relocation of the Constitutional Court of Russia from Moscow to St. Petersburg did not promote the judicial independence of the Court. On the contrary, the Constitutional Court, through formal excuses refrains from processing complaints on violation of private property rights and on the inefficiency of judicial procedures. The recent merger of the Supreme Arbitration Court of Russia and the Supreme Court of Russia has contributed to the uniformity of judicial practice. It violated the rights the owners of the shared premises in apartment buildings, but favored the beneficiaries of the management companies, which breach the owners’ rights. Judicial acts studied in this article prove their ineffectiveness in contributing to the quality machine learning for artificial intelligence required for the transition to automatic generation of blueprints and templates of court decisions. Analysis of judicial acts allows to conclude that they cannot serve now as a basis for machine learning of artificial intelligence. They cannot be systematized in databases even by the criterion of the law norms applied by the plaintiffs, since the courts evade the procedural obligation to explain why they reject the law norms that serve as the basis for a lawsuit or complaint, and apply completely different ones. These circumstances require the immediate response from the state authorities, including finding efficient ways to provide sustainable development of justice, i.e. ensuring the Rule of Law and access to courts, since otherwise the digitization of justice will lead to the automation of arbitrariness.