Ownership Relations Research Articles

On the correlation between the processes of public administration and state regulation: theory and Russian practice

The article discusses the key theoretical approaches to solving the issue of the correlation between the processes of public administration and state regulation. Their specificity is investigated, which, depending on the relations of ownership or departmental subordination, is either with direct control influence, or with the normative establishment of the order of activity and the implementation of control over its observance. The practice of administrative / regulatory influence is shown on the example of a number of state structures. Priority areas for improving the efficiency of public administration and regulation are proposed.

Lost in Compression

Recent developments of image generators have introduced a new point of contention in the already contested field of artificial intelligence: the ownership of images. In 2023 Getty Images sued the company Stability AI, accusing it of illegally appropriating photographs for the purpose of training its models. Analysing image generators and stock agencies as probabilistic systems, this text argues that their significant difference lies in their model of appropriation. Where Stability AI proceeds through direct appropriation, the stock agency proceeds through contractual appropriation using its dominant position in the market. The article discusses Getty Images’ release of an image generator trained on its own image collection and critically reflects on the stock agency’s attempt to insert its contractual engine in the core of the generative AI technology, making copyright the regulating principle of the relations of ownership of the system and the principle that constrains the range of images it can produce.

Customs apart: rethinking inheritance and competing land claims among Native commoner women in colonial Andean villages

ABSTRACT In this essay, I interrogate a handful of rare village records to probe more deeply the participation of rural Native women in conflicts over inheritance in the central Andes during the seventeenth and early eighteenth centuries. I focus on the wielding of written land titles, such as wills, certified lists of fields, fragments of land inspections, and writs of protection and possession, by these women as they claimed control over plots, homes, tracts, groves, and other household and extended-family assets within the commons. Their cases suggest that, rather than undermining women’s rights to dispose of property, titling and the establishment of municipal courts and the expansion of the legal possibilities for claiming land within this jurisdiction created new opportunities for some of them to defend and enact those rights. More importantly, their cases strongly suggest that gender relations were as much constitutive of kinship, community, and ownership relations as they were mediated by them, warning us of the risks of isolating gendered forms of expressing power (and the inheritance practices that they could underscore) from other power relations operating at the village level.

Paid services of a medical institution: the regulations need to be clarified

The article considers the features of the legal status of a budgetary institution, historically associated with the formation of state ownership relations; new rules for the provision of paid medical services by budgetary institutions and the justification for the need for their additional regulation, taking into account the peculiarities of the legal status of budgetary institutions. The analysis of the current legislation, which provides state guarantees for the provision of medical services, including combining a free basis for their provision to the public and the commodity nature of services in a market environment, is carried out. Practical issues are considered, including the need to approve a standard form of a contract for the provision of paid medical services by budgetary medical institutions.

Crisis spreading in multinational firms’ network: the dual influence of local interactions

This study investigates the characteristics of multinational firm’s interactions within and across activity sectors and the impact of intra-urban connections, during crisis propagation. By employing data that reflect ownership relations aggregated on the city level, we constructed the partial-multiplex, directed network of cities, divided into five layers by activity sector. The network was examined in two states: one excluding intra-urban interactions and one including them. The difference between these two states highlight the significant role of intra-urban networking processes in the global economy. The five layers differ both structurally and in terms of vulnerability during crisis propagation. The Knowledge Intensive Services (KIS) layer is the densest and most populous layer of all and its firms are more likely to be owners than subsidiaries. Using a simple stochastic Susceptible-Infected-Recovered (SIR) model, we simulated a crisis diffusion on the network of cities. Our results revealed that in the absence of intra-urban connections, KIS was both the most vulnerable and most influential layer in crisis propagation. The inclusion of intra-urban links sets off a complex interplay of factors that affect diffusion outcomes in nuanced ways: while it generally enhances the impact of the crisis and the influence across layers becomes rather homogeneous it can also have a protective effect, in cases of very dense and well-connected layers, such as KIS.

Legal and Financial Synergy: Tax Avoidance as a Moderator of Corporate Governance Mechanisms and Financial Performance

Aims: This research will examine the ongoing recovery conditions in the economic sector after the COVID-19 pandemic for all countries, including Indonesia. This study aims to analyze financial performance after and before the COVID-19 pandemic with tax avoidance as a moderation variable in the relationship of governance mechanisms affecting financial performance. Implications: Tax avoidance will be a moderation variable, while the governance mechanism will be represented by institutional ownership and an audit committee that affects financial performance which will be represented by a Return On Asset (ROA) variable. The sample of this study is 189 manufacturing companies listed on the Indonesia Stock Exchange from 2019 to 2021. Method: This study uses panel data, one of the regression completion procedures with a high degree of flexibility in research that connects theories, concepts, and data that can be done in research. The variables used in this research data analysis method are Regression Ordinary Least Square, Fixed Effects, Random Effects, and Robust with Stata Software. Results: The results showed that the first hypothesis showed that institutional ownership had a significant positive effect on ROA, for the second hypothesis showed that the audit committee had a significant negative effect on, while if moderated by tax avoidance, the results of the third hypothesis would weaken the influence of institutional ownership relations on ROA, while the fourth hypothesis would weaken the influence of the audit committee on tax avoidance.

ПРОТИВОРЕЧИВОСТЬ СМЕНЫ ФОРМ СОБСТВЕННОСТИ НА ЗЕМЛЮ КАК ПРИЧИНА КОНФЛИКТОГЕННОСТИ В КАЗАХСТАНЕ

Цель данной статьи заключается в раскрытии вопроса об изменении форм собственности на землю, как причина различного рода коллизий в Казахстане.Собственность на землю у кочевых народов отличается от тех, кто вёл оседлый образ жизни, и имеет свои специфические признаки. В этом отношении не стала исключением и территория Казахстана. Главной целью, проводимой в стране земельной реформы, изменение в Конституции Республики Казахстан, являются задачи эффективного регулирования земельных отношений и повышение культуры бережного отношения к земле. Одна из задач была частично решена, признана «народная собственность» на землю. Тем не менее инспектирование земель показало негативные тенденции в использовании сельскохозяйственных земель: выведение пашни из оборота, деградация почвенного плодородия, часть земельных ресурсов становится объектом спекуляции, рейдерских захватов. Все это создает почву для конфликтогенов и угрозу национальной безопасности Казахстана.В последнее время появились работы казахстанских ученых, посвященные проблемам земельной собственности. Но многие вопросы земельных отношений нуждаются в дальнейшем исследовании, требуют разработки научно обоснованных рекомендаций по совершенствованию отношений собственности на землю. Всё это наглядно свидетельствует о том, что вопрос о собственности на землю вряд ли может иметь только одно, единственно правильное решение. Целью нашего краткого экскурса в историю формирования собственности на землю является исследование причин конфликтогенов из-за недостаточной разработанности теорий о собственности земли в Казахстане, несмотря на принятый кодекс «О земле» и множество действующих законов. Споры о собственности граждан и юридических лиц на земельные участки и в целом о форме собственности на землю не завершены до настоящего времени.

Theorizing and mapping media ownership networks in authoritarian-populist contexts: a comparative analysis of Austria, Hungary, Slovenia, and Turkey

This paper aims to contribute to the ongoing discussions on authoritarian populism and the media, from the lens of the political economy of ownership. In contrast to studies that consider the link between media and authoritarian populism by focusing on the discursive structures of populist communication, this study analyses changes in the structure of news media ownership in four European countries that have been subject to authoritarian populism. By employing social network analysis, a methodology rarely used in media ownership research, we reveal how news media ownership concentration as well as changes in ownership structures have provided favorable conditions for the rise and endurance of authoritarian populism. Our study covers ownership developments during the period 2000 to 2020, in Austria, Hungary, Slovenia, and Turkey where authoritarian populist tendencies have been evident, albeit to varying degrees. Conclusions are drawn to illustrate how authoritarian populist actors in the sample countries not only capitalize on prevailing news media ownership structures, but also proactively intervene in ownership relations in order to increase influence over the diffusion of information.

PROPERTY RELATIONS IN THE NATIONAL ECONOMY, RELIABLE PROTECTION OF THE INVIOLABILITY OF PROPERTY RIGHTS, PROSPECTS FOR INCREASING THE LEVEL OF CAPITALIZATION OF PRIVATE PROPERTY

This article provides for the creation of reliable protection of ownership relations and property rights, and the implementation of tasks to eliminate factors limiting these rights. At the same time, the reforms carried out by our government in the development of ownership are highlighted. As a result of the conducted analysis, conclusions were drawn on the abolition of restrictions that directly or indirectly limit the right to own, use and dispose of private property, and prevent the full implementation of market economy principles in property relations.

On the Need for a Unified Concept of the Share from the Standpoint of Legal and Individual Regulation of Legal Relations of Common Ownership

One of the most complex civil law relations are the relations of common shared ownership, which is due to the presence of such an object as a share in them. The integrity of the relations of common shared ownership should be ensured by a common understanding of the share in the law and judicial practice, without which a harmonious combination of legal and individual regulation of these relations is impossible. The purpose of the study is to find out whether the share is equally understood in law and judicial practice, and whether there is a need to develop a unified concept of the share from the standpoint of individual and legal regulation of legal relations of common ownership. To achieve this goal, a number of tasks have been solved: the current civil legislation in the part containing the definition of the share has been analyzed; judicial practice has been summarized in the same part and the scientific literature has been reviewed. Accordingly, methods of analysis, synthesis, generalization, induction, and comparison were used. In conclusion, it is concluded that the law and judicial practice understand the share in the right of common ownership differently. The law establishes that the share is part of the right, but at the same time indicates the share as an ideal part of the thing. Judicial practice adds that a share can be a thing (a real part of a thing) or a part of the value. This state of affairs testifies to the discord between the legal and individual regulation of the studied relations, which is theoretically unacceptable and practically counterproductive. In this regard, the science of civil law has a task: to develop a unified concept of a share that would not relate to the concept of a “share in the right”, “a real or ideal part of a thing”, as well as a “share in value”, since they have not fulfilled their task of creating a coherent structure of shared ownership relations.

Settler colonial bordering and post-pandemic futures: disrupting the nation state in Aotearoa/New Zealand

ABSTRACT In Aotearoa/New Zealand, the relative safety offered by border regime closures during Covid-19 promised to ease uncertainty surrounding perilous futures, yet it did so by extending nation building into more intimate areas of life, exacerbating existing lines of discrimination. While justified in terms of crisis management, state expressions of citizen care during the pandemic were largely modelled in terms of a particular conflation of nature, society and economy peculiar to settler colonialism. Using bordering practices during the pandemic as a point of departure, this essay draws on scholarship on borders to interrogate settler colonialism in Aotearoa. This allows for four innovations: First, it situates Covid-19 as structure rather than event, one which accentuated historical patterns of nation-making. Second, it underscores continuities in Indigenous relations of ownership, belonging, social reproduction, kinship ethics and environmental engagements. Third, it suggests alliances between migrants, non-white and colonized peoples; those for whom borders do not remain at the periphery, but rather penetrate deep into the informal spaces of the everyday. And fourth, it recalibrates resistances as expressions of sociality aimed at reclassifying nature, economy and society.

PROSPECTS FOR THE DEVELOPMENT OF OWNERSHIP RELATIONS, SMALL BUSINESS AND PRIVATE ENTREPRENEURSHIP IN THE NATIONAL ECONOMY

In this article, the issues of ownership relations and the development of small business and private entrepreneurship entities, as well as scientific views on property and its implementation, are highlighted. At the same time, the reforms carried out by our government in the development of ownership were highlighted. As a result of the conducted analysis, conclusions were drawn on further improvement of the development of ownership, small business and private entrepreneurship.

Ensuring legal security of ownership of business entities.

The article is devoted to the study of the essence of the security of property rights of economic entities. The article emphasizes that a business entity has the right to be the owner of any property that is not prohibited by law. Property is a necessary component of economic activity. Therefore, ensuring the legal rights of economic entities to property is an important issue. The article analyzes the current legislation of Ukraine on the protection of property rights. It is noted that the Constitution of Ukraine establishes the duty of the state to ensure the protection of the rights of all subjects of ownership and management, and the social orientation of the economy. All subjects of property rights are equal before the law.
 The article states that depending on the types of property that may be owned by the business entity, the current legislation defines various means of protecting the right of ownership. In particular, in the article, using the example of land ownership relations, various means of protection are given, taking into account the provisions of the current legislation of Ukraine. The owner of a plot of land or a land user may demand the elimination of any violations of his rights to land, even if these violations are not related to the deprivation of the right to own a plot of land, and compensation for damages. The main ways of protecting land rights are to file a negative lawsuit in court, to declare the agreement regarding the land plot invalid, to invalidate the decisions of executive authorities or local self-government bodies that violate the rights of land plot owners and land users. Also, a separate type of protection of land ownership should be considered the restoration of the condition of the land plot that existed before the violation of rights, and the prevention of actions that violate rights or create a danger of violation of rights.
 The conclusions emphasize the need for further improvement of the mechanism of applying the norms of the current legislation of Ukraine in practice to ensure reliable security of property rights.

Konstytucyjne i pozakonstytucyjne uwarunkowania władzy prezydenta Brazylii

The study aims to analyze the key formal and extralegal elements affecting the functioning of the office of president in Brazil. The subject of consideration is the political position of the president resulting from the Constitution of the Federative Republic of Brazil of October 5, 1988, and the socioultural dependencies occurring in this country. The thesis of the article is the statement that the power of the President of Brazil results not only from the provisions of the Constitution but also from unconstitutional dependence on pressure groups, i.e. the bureaucratic state – estamento burocrático. It is stated that the features of the Brazilian presidential system are the ostensibility of formal structures and the presence of political patronage, the lack of permanent political divisions, coalitional presidentialism, and the interpenetration of politics and the media due to ownership relations.

Revolúcia majetková a vlastnícka 1938–1948 (Rozklad vlastníckych práv na Slovensku a v ČSR – celkový vývoj)

The common denominator of the development of the economy and property relations in the territory of Slovakia and the former Czechoslovakia in the years 1938– 1948 was the process of disruption and subsequent dissolution of private property and property rights of individual population groups against the background of the genesis of two totalitarian regimes, which gradually shaped and promoted the idea of a revolutionary change of ownership. At the same time, this process was implemented in connection with international state law, national-political, economic-political, military-political and social developments. He followed up on the state‘s interventions in property rights in the conditions of interwar Czechoslovakia, especially the land reform. However, a characteristic phenomenon after 1938 was the radicalization of programs to change ownership relations, the premise of which was the radicalization of the political systems of the time. The changes in ownership gradually took the form of the Arization of Jewish property, the confiscation of the property of persons and entire national groups actually or allegedly collaborating with the wartime totalitarian regime and Nazi Germany, further the form of nationalization of the corporate sphere and the form of radical land reform.

Acquisition of Agricultural Land in the Czech Republic

The article focuses on the acquisition of agricultural land in the Czech Republic. It aims to describe the topic in the context of both historical and property law. The article introduces historical context of property ownership relations and their composition. Agricultural land was nationalized by the State in the past. Therefore, after the Velvet Revolution, it was necessary to restate a significant part of state-owned property back to its original owners. Privatization and related matters form a significant part of the present analysis because it still affects the transfer of agricultural land from the State to private individuals. Historically, transfers of agricultural land have also been restricted on the basis of nationality. However, after the accession of the Czech Republic to the European Union, this restriction has gradually been lifted. Pre-emption also remains an important issue. At present, however, there is no pre-emption right in general. It affects only certain types of agricultural land, where the pre-emption right is established in favor of the State. The next part of the article deals with actual transfers of agricultural land. This part introduces the basic requirements and elements of transfers, with an emphasis on transfers of state-owned agricultural land. On behalf of the Czech Republic, agricultural land is administered by the State Land Office, which is responsible for the disposal and alienation of land. First, the article focuses on privileged transfers the land in question is transferred only to a certain circle of subjects. In the succeeding section, methods of land transfers to non-privileged entities are described.

Rent in ownership relations on Ager Colonicus in Rome (1-2 centuries AD)

In Roman agrimensura, starting from the archaic period, there was a division of land areas: culta - meant fields suitable for tillage; inculta - unsuitable for grain crops. Culta were subjected to divisio, forming the category agri divisi. Inculta retained the status of Publicus, so they were not divisi. But the importance of these lands was important when organizing Ager Colonicus, since they created an opportunity for settlers to engage in farming and cattle breeding in addition to farming. Roman surveyors identified categories of such public lands. They could be used by the owners of nearby plots. Such lands were provided to new settlers for rent for vectigal. These were the relic lands (agri relicti) and the massif that made up the colony’s reserve (extra clusa). In addition, the remnants of the surveying - subsecivi (unoccupied centuries or its fragments) were also provided to the colonists for temporary lands. A “joint pasture” (compscuus) was often created on the segments. Also, on lease terms, the new settlers used the forest and pasture (silva et pascua). On all categories of land, ownership relations were formed within the boundaries of Ager Colonicus. As a result, the colonist’s economy acquired a complex character, which contributed to the prosperity of this new settlement.

ПЕРСПЕКТИВИ РОЗВИТКУ ДОГОВІРНИХ ОРЕНДНИХ ЗЕМЕЛЬНИХ ВІДНОСИН В УКРАЇНІ

The article is devoted to the study of problematic issues of the development of contractual lease relations regarding land resources in Ukraine. It is investigated that the effective functioning of the land market is currently experiencing obstacles due to the imperfection of the system, gaps in the current legislation, the incompleteness of the process of transformation of economic and legal relations of land ownership, etc. It is emphasized that Ukraine continues to change the reform of land resources relations, however, there remains a crisis state of the situation in this area, which hinders the development of productive forces and the formation of sustainable land use. It has been established that contractual lease land relations are a combination of complex and multifaceted phenomena and a progressive form of management. It was stated that, in essence, rent is a flexible tool in the formation of a new structure of agricultural production and the implementation of socio-economic programs. The set of mandatory elements of contractual lease relations for land resources is highlighted. The list of factors on which the further development of these relations depends is argued. It is noted that the improvement of contractual lease relations regarding land resources in the context of the transformation of national legislation and European integration is both a political and an economic issue that concerns not only land owners and future buyers, but without exaggeration affects the interests of the whole society as a whole. The author also carried out a comparative analysis of such categories as land lease and emphyteusis in order to determine the available advantages. It was found that the economic mechanism of contractual lease relations for land resources requires further research and effective changes, despite the existing number of legislative acts in this area. In addition, on the basis of the study and the conclusions drawn, the author proposed the most important, in his opinion, steps to achieve positive results of reforming and further development of contractual lease relations regarding land resources.

SOME ISSUES OF THE DEVELOPMENT OF CONTRACTUAL LEASE RELATIONS FOR LAND RESOURCES IN UKRAINE

The article is devoted to the study of problematic issues of the development of contractual lease relations for land resources in Ukraine. Thus, the effective functioning of the land market is now experiencing obstacles due to the imperfection of the system, gaps in the current legislation, the incompleteness of the process of transformation of economic and legal relations of land ownership, etc. As of the present, changes in the direction of reforming the relations of land resources continue in Ukraine, however, there remains a crisis state of the situation in this area, which impedes the development of productive forces and the formation of sustainable land use. It has been established that contractual lease land relations are a combination of complex and multifaceted phenomena and a progressive form of management. At its core, rent is a flexible tool in the formation of a new structure of agricultural production and the implementation of socio-economic programs. The author has identified a set of mandatory elements of contractual lease relations for land resources and a reasoned list of factors on which the further development of these relations depends. In addition, it was noted that the improvement of contractual lease relations regarding land resources in the context of the transformation of national legislation and European integration is both a political and economic issue that concerns not only land owners and future buyers, but without exaggeration affects the interests of the whole society as a whole. Compare the categories: land lease and emphyteusis, in order to determine the benefits available. It was found that the mechanism of contractual lease relations for land resources needs further effective changes, despite the existing number of legislative acts in this area. In addition, on the basis of the study and the resulting conclusions, the author proposed the most important, in his opinion, steps to achieve positive results of reforming and further development of contractual lease relations regarding land resources. The development of strategic principles for the development of contractual lease relations for land resources, the substantiation of the economic mechanisms of their socialization, greening and state regulation are seen as prospects for further scientific research in this direction. Key words: lease, contract, lease relations, emphyteusis, land market.

THE INTERPRETATION OF ASSOCIATED PROPERTY AND ITS ROLE IN THE DEVELOPMENT OF THE CONCEPT OF BUSINESS CAPITAL

A large number of studies are aimed at solving the issues of usefulness of financial reporting, optimal correlation of requirements for information disclosure and improvement of the methodology of its preparation. Factors determining the content of financial reporting include ownership relations under the socio-economic paradigm. In this regard, the purpose of the work is to study the concept of associated ownership, the stages of its evolution, as well as its impact on the concept of capital of the XXI century. To achieve the purpose of the study, the author has put forward and substantiated the hypothesis The concept of associated ownership is a catalyst for the evolution of business capital. The study is conducted on the basis of general scientific and special methods: system approach, analysis, synthesis, modeling, study of special literature, comparison.
 
 The study has scientific significance for determining the prospects for improving the methodology of the national accounting and reporting system. The article presents the author's position on the impact of the interpretation of associate ownership on the modernization of financial reporting.