Protection Of Property Interests Research Articles

Peculiarities of Insurance of Subjects of the Closed Cycle Technology Sphere

The urgency of the declared subject of scientific research is conditioned by the existence of many problems in the protection of property interests at realization of technologies of a closed cycle. This is especially important for Ukraine, where closed cycle technologies are only introduced into the national economy and do not comprise the significant part of the state’s gross domestic product. The purpose of this research is to study the prospects of protection against adverse risks, which may arise during the implementation of the closed cycle technology, due to the transfer of risks to insurance. The basis of methodological approach in this research article is a qualitative combination of methods of system analysis of the possibility and expediency of risk insurance at realization of the technology of closed cycle and research of the quality of insurance protection, assortment of available insurance products, which can cover risks inherent to subjects of realization of closed cycle technologies, and thus prospects of development of such kind of insurance. The main results obtained in this scientific research are the determination of the possibility and quality of insurance protection for the subjects of closed cycle economy, as well as the formulation of problems, logistics and ways of improving insurance of subjects of sphere of realization of closed cycle technologies. The results of this research, as well as the conclusions drawn from them, are significant both for the employees of the closed cycle technology sphere, who will be able to assess the possibility and process of insurance risks that may arise during the period of their activity and for insurance companies on the basis of this research, that have the desire to diversify the insurance portfolio and to add Agreements with representatives of the sphere of realization of closed cycle technologies

Problems and directions of improving the insurance of agricultural crops and plantings of perennial plantations against the risks of natural emergencies

The simultaneous existence of two interrelated forms of state aid - subsidizing classical agricultural insurance and compensation for damage to affected regions from the federal budget - requires understanding the basic principles of interaction and assessing the mutual impact of these areas of support. The purpose of the study is to identify the problems of the development of crop insurance and planting of perennial crops against the risks of natural emergencies. The research was carried out in the context of insurance statistics of Russian regions using generally accepted methods. The conducted research revealed the negative dynamics of a significant decrease in the volume of crop insurance of agricultural crops in 2016-2020. Regional authorities in the conditions of a single subsidy are not interested in the independent distribution of funds allocated by the state for the development of agricultural insurance. This is due to the fact that when the agricultural sector has significant losses as a result of the impact of natural disasters, the practice of introducing an emergency regime by the region is widespread. Which gives grounds for receiving compensation for half of the amount of damage directly from the federal budget. This determines the main problem of the development of classical agricultural insurance - the lack of expediency and material interest in this mechanism of protection of property interests both on the part of producers of agricultural products and on the part of regional authorities. In this regard, a brief justification was given for the feasibility of transforming the mechanism for providing direct assistance to the regions from the federal budget into a separate area of crop risk insurance in case of a natural emergency. This line of support will complete the classic multi-risk agricultural insurance.

Административно-правовые средства защиты имущественных интересов войск национальной гвардии Российской Федерации

Административно-правовые средства защиты имущественных интересов войск национальной гвардии Российской Федерации

Determination of European vector of insurance development of vehicle owners’ civil liability

An analysis of Ukrainian insurance market for vehicle owners’ civil liability is carried out in the article. The main purposes of insurance coverage for compulsory insurance of vehicle owners’ liability are defined. The key issues of bringing a compulsory insurance of vehicle owners’ civil liability into line with European standards are defined. Stages of implementation of key aspects of bringing a compulsory insurance of vehicle owners’ civil liability into line with European guidelines are studied. An implementation of compulsory insurance of vehicle owners’ civil liability is associated with the need to compensate the damage of life, health and/or property of injured in the accident and the protection of property interests. The level of compulsory insurance of vehicle owners’ liability in the insurance market of Ukraine lags behind the level of foreign markets. In terms of European integration, there is an urgent need to find ways of bringing a compulsory insurance of vehicle owners’ civil liability into line with European standards. The results of the analysis of domestic market of compulsory insurance of vehicle owners’ civil liability could argue that implementation of reform measures is realized for all purposes to bring the market into line with European standards . This research may be useful as a part of the program of Ukrainian insurance market development, which will contribute to national economic development and will have confidence and be competitive in the global insurance market .

Advocating of parties in administrative disputes

The introduction in administrative dispute a new rule, that the court in this type of legal dispute, decides on the basis of the facts established on oral and public hearing, in significant degree extent the topical issue of representation in the administrative dispute. During the first few years in work of new established Administrative Court in Republic of Serbia, jurisprudence was completely corresponded to all legal rules in advocating of the parties in this type of dispute. However, with the gradualy increasing number of oral hearings, which are still, unfortunately, exception rather than rule, we notice the existence of a certain deviation from the legal rules, which is reflected in giving opportunities Attorney's Office to represent the defendant authority as a party to the hearing, although when the subject of dispute is not violation of any property rights of the state, autonomous province or local self-government, which is primary competence of Attorney's Office. The main problem in this occurrence is that the point of representation of organs, as decision making authorities, by Attorney's Office, is in a greater protection of property interests of territorial communities, but on this way, it is only creating additional costs of an administrative dispute, which in the case of loss of the dispute, falling on the burden of the citizens as a prosecutor, and go directly to the budget of the relevant territorial community. Therefore, in order to create legal certainty and the protection of citizens property interests, it is necessary to discontinue with this practice and representation of the parties in this type of disputes start to exercise according to legal rules, which for the competent Attorney's Office provide opportunity to participate in any administrative dispute when it considers that some administrative act violated property rights and interests of some of territorial communities.

Warrantless GPS Surveillance: Search and Seizure - Using the Right to Exclude to Address the Constitutionality of GPS Tracking Systems Under the Fourth Amendment

GPS tracking systems are a rapidly growing technology that provide a wide range of benefits, including navigation, transportation, and public safety. Of the many potential uses of GPS technology, location tracking is perhaps one of the fastest-growing GPS applications today. Law enforcement agencies nationwide secretly use GPS tracking systems to conduct surveillance on suspected criminals in a variety of situations, which has led to countless arrests and convictions. The unfettered use of GPS tracking raises many unanswered questions about an individual’s right to privacy in an increasingly technological world. This Article explores traditional concepts of property rights; specifically, the right to exclude, that underlie fundamental notions of the right to privacy and the protection of property interests under the Fourth Amendment. This Article advocates that the right to exclude is so inextricably connected to the right to privacy and the protection of property interests that any invasion of the right to exclude, absent a warrant, consent or other exigent circumstances, (i) violates one’s reasonable expectation of privacy sufficient to constitute a “search” under the Fourth Amendment, and (ii) represents a meaningful interference with property interests sufficient to constitute a “seizure” under the Fourth Amendment.

Bank Resolution Regimes: Balancing Prudential Regulation and Shareholder Rights

A bank resolution regime requires regulators to have the authority and instruments to restructure a bank's operations if its failure threatens the stability of the financial system or undermines other regulatory objectives, such as depositor confidence. Such regulatory action, however, may affect shareholder rights in the restructured bank and possibly reduce the economic value of their ownership interests. The credit crisis of 2007–09 has demonstrated the importance of having a resolution regime that balances the rights of shareholders against the objectives of prudential regulation and crisis management. The constraints of corporate insolvency regimes can be too cumbersome for effective resolution of a banking enterprise, especially during a financial crisis when a failing bank not yet insolvent needs to maintain open lines of credit with other financial institutions and to manage its balance sheet while achieving regulatory objectives. Bank resolution regimes must be designed not only to protect shareholders and creditors, but also to achieve other regulatory objectives that are vital for the efficient operation of the economy. Although the UK Banking Act 2009 provides a comprehensive framework for bank corporate restructuring and insolvency, it creates a mechanism to suspend corporate governance rules pre-insolvency and thus interferes with shareholder rights. This raises important issues under EU company law and the European Convention on Human Rights regarding the protection of property interests in a restructured bank. The article examines the special resolution regime of the UK Banking Act 2009, analyses the relevant issues of EU Company Law and related human rights law and suggests some legal principles to be applied in developing a special resolution regime.

Distinguishing between property damage and pure economic loss in negligence: a personality thesis

The law of negligence favours redress for damage to property interests over redress for damage to mere economic interests. The question arises whether this preference can be justified. In endeavouring to answer it, the author surveys existing reasons given by courts and commentators for maintaining a distinction between property and economic interests. Each of these reasons, which collectively focus upon the ‘problematic’ nature of economic losses, is found to be either ad hoe in nature or without substantial explanatory power. However, it is submitted that the distinction is explicable on the basis that, whereas an individual's personality is partly constituted by the property that he or she owns, so that property can be seen as essential to the ways in which individuals constitute and define themselves, no such claim can be made with respect to mere abstract holdings of wealth. Although wealth permits the acquisition of property and participation in activities and experiences which might help to constitute and define the self in the future, the very fact that wealth has not been transposed into these things precludes it from being considered as important as actual holdings of property. The protection of property interests ought, therefore, to precede the protection of mere economic interests.