Study Of Legal Problems Research Articles

Legal regulation of budget control as a type of management activity in the budget

The article deals with the problems of legal regulation of budget control in the budget process. The activity of state institutions aimed at establishing the legality of the activities of participants of budget regulation is analyzed. The problem of ambiguity of application of budget control is revealed and its principles are considered. The possibility to establish how efficiently, rationally, economically and legally the budget funds were used, whether all the reserves were used to fill the revenue side of the budgets is analyzed. Meanwhile, despite the fact of misuse of budget funds, the state can reimburse the losses caused to it. At the same time, budget control can prevent violations of budget discipline, irrational and inappropriate use of budget funds. The solution of this problem is entrusted to the Accounting Chamber, the State Treasury, the bodies of the Ministry of Finance. The author substantiates the interpretation of the term "budgetary control" as a term that establishes the legal status of subjects of financial control and defines its system in many legislative and subordinate legal acts.
 It is summarized that budget control as a type of managerial activity of the budget process can be characterized as the activity of authorized entities regulated by the norms of budget law to carry out operations of comparing the indicators of budgetary and legal reality with the established norms of budget law, identifying and eliminating deviations in order to bring the indicators of budgetary activity in line with the established norms of budget law.
 Sustainability, the realization of goals and the effectiveness of state expenditures depend on the effectiveness of budgetary control measures as a special type of regulation of budgetary legal relations.
 The task of this article is the analysis of legal regulation budget control as a type of management activity in the budget process and the study of legal problems in the field of budget control to systematize proposals for improving the current legislation in this area.

Отношение молодежи к коррупции как проявление экономического менталитета россиян

In the study of legal problems, their psychological aspects are of great importance. The paper presents the main areas of research on corruption. It is noted that in modern legal psychology, the prevention of unlawful behavior of young people in the field of economic crimes is still given little focus. The paper presents an analysis of the attitude of young people, as the most promising social group, to corruption offenses. The research was carried out using surveys among the students of higher education of Moscow. The data obtained were processed with content analysis, expert analysis as well as quantitative analysis of keywords and attitudes under topical areas chosen by the authors. The main results of the study can be summarized as follows: young people's perceptions of corruption are largely formed at the household level and do not reflect the specifics of macro-social processes in the society; students highlight the cultural and historical factors in the spread of corruption, which, in their opinion, act as a historically established social obstacle to overcoming the corruption situation in Russia; oftentimes students assess corruption not on legal grounds, but on psychological ones (on the principles of respect, politeness, mutual agreement, etc.), which does not always allow them to adequately identify corrupt behavior. With this approach to the problem, the research results require serious attention from psychologists, teachers and lawyers (in view of legal education of young people), which is a promising plan for future research.

Public-private partnership in higher education and science in Russia

This article represents the first study of legal problems and the potential development of publicprivate partnerships (PPP) in science and higher education in Russia. The author considers PPP to be the most flexible and promising instrument for attracting private investments for such infrastructure, which support required enhancement of cooperation between scientific and educational institutions and real companies, and therefore facilitates achieving national goals and strategic tasks for the development of science in the Russian Federation. Compared to ordinary models of cooperation between the public and private sectors, this approach represents closer cooperation of scientific and educational potential of the public sector with investment, technology, and industrial resources from the private sector. At the same time, the government and universities themselves, competing for students and financing, more than ever require resources for infrastructure development. The author analyses advantages of PPP models for both the private and public sectors, general conditions for development of this mechanism in the country, and how public-private partnership in the traditional sense in higher education and science in Russia has better prospects than elsewhere, such as Great Britain, where higher education is private and in the best case partially financed from the public budget. Furthermore, the government does not play a considerable role in managing educational organizations and does not own its facilities. At the same time, considerable disbalances between needs of economic and innovative development of the country and the quality of PPP legislation is clearly noted, as well as particular legislative problems, and the author provies recommendations on how to improve laws.

The Current State of Tax Administration in Ukraine: an Analytical Review of Terminology

Abstract:
 The article includes the study of contemporary legal problems of regulation of the collection of taxes and fees and submit proposals for their improvement.
 Analysis of current tax legislation Ukraine, departmental regulations and practices for their implementation, theoretical understanding of scientific works, publications and recent research shows that today urgently needs further reformatting the Tax Code of Ukraine. Recently, discussions around the Tax Code of Ukraine tend to increase. Particularly sharp criticism is about the quality of writing legal text of the Code, its shape and structure.
 The current topic of contemporary tax debates in Ukraine is the imperfection of the current norms of the Tax Code. The generally acknowledged problem in the field of tax legislation is recognized by the language and technical quality of tax law-making.
 Consequently, the study of legal problems in the regulation of relations in the field of collecting taxes and fees shows that one of the principles on which the tax legislation of Ukraine should be based on the principle of uniqueness and stability of the meanings of concepts. In accordance with them, the legal rules of the tax legislation should be formulated clearly. Legal terms should be used in the texts of tax legislation in a logical and consistent manner. That is, the formation of tax terms, their consolidation in modern tax legislation should take place on their own tax base.
 Imperative provisions of the Tax Code of Ukraine, which are based on positive obligations must provide clarity, intelligibility of tax regulations. Another problem, in our opinion, is the question of efficient use in existing Ukrainian tax legislation concepts of ‘special tax regime’, ‘generic tax regime’, ‘tax regime’, ‘special regime’.

ПРАВОВІ ПРОБЛЕМИ ТА ОСОБЛИВОСТІ ЗАХИСТУ АВТОРСЬКИХ ПРАВ У МІЖНАРОДНОМУ ПРИВАТНОМУ ПРАВІ

The article is devoted to the study of legal problems and features of copyright protection as an institution of intellectual property in international private law. The work briefly describes the history of the formation of the protection of intellectual property rights in international private law. It is found out that it begins in the 19th century. The process of the emergence of the World Intellectual Property Organization, which plays a key role in coordinating the adoption of measures for international cooperation in the field of copyright protection, has been outlined. The article analyzes the positions of the Berne Convention for the Protection of Literary and Artistic Works of 1886 regarding the objects of protected copyright and the Berlin Conference of 1908, during which new provisions were established, such as the term of copyright protection, clear definitions of the concepts of literary and artistic works, etc. The results of the 1967 Stockholm Conference were investigated, in particular about the recognition of the “author’s right to reproduce”, the principle of protecting the personal rights of the author, etc. The difference between the Berne and Geneva conventions is clarified. It is stated that there are two forms of copyright protection: jurisdictional and non-jurisdictional. Within the framework of the jurisdictional form, the essence of the general and special protection procedures is determined. The key rules for resolving conflict issues of regulation of the institution of copyright have been determined. Among them are the rules for recognizing decisions of foreign courts, provisions on the application of law to contractual obligations, etc. The types of copyright infringements on the Internet have been highlighted. Measures to combat copyright infringement on the Internet at the legislative level are considered using the example of France and the United States. The methods of copyright protection on the Internet identified by scientists have been analyzed: limited functionality, the establishment of a kind of «timer”, the use of services of clearing centers, the use of cryptographic envelopes, the use of digital stamps. It is proposed to create an international regulatory framework that would regulate the protection of copyright on the Internet, as well as contain mechanisms for both preventive protection of copyright and protection after the infringement, and their legal regulation.

Study of legal problems in Insurance Policies and Inheritance

생명보험은 피보험자가 사망한 후 유족들의 생활을 보장하는 것을 주된 목적으로 하므로 피보험자가 아닌 타인을 보험수익자로 지정하는 것이 통상적인데, 피보험자가 사망하여 피보험자나 보험수익자의 상속인들이 보험금청구권을 취득하는 경우 상속과 관련된 여러 가지 법적 쟁점들이 문제된다. 그러나 상법에서는 이와 관련된 규정을 두고 있지 않아 실무상 혼란을 야기하고 있다. 상속인이 보험수익자가 되는 경우에 보험수익자의 보험금청구권은 타인을 위한 생명보험 계약의 효력으로 당연히 생기는 것으로서 상속재산이 아니라 상속인의 고유재산이 된다. 이 때 당사자의 의사는 보험수익자의 상속인의 지위 뿐 아니라 그 상속비율까지 포함하는 것이라고 보이므로 보험금청구권은 이들의 상속분의 비율에 따라 귀속한다. 상속인이 고유재산으로 보험금청구권을 취득하는 경우 상속채무에 대하여 한정승인을 하거나 상속을 포기하더라도 보험금청구권을 행사하여 보험금을 수령할 수 있게 된다. 보험수익자 중 일부가 보험사고를 발생시킨 경우 당해 보험수익자에 대하여만 상법에 따라 보험자가 면책되며 나머지 수익자들에 대해서는 면책된 부분을 제외한 나머지 보험금만 지급하면 된다. 민법상 상속결격의 경우 소급하여 상속인의 지위를 상실하고 보험의 선의성, 계약자의 의사에 반하므로 해당 법정상속인은 보험금청구권을 취득하지 못한다. 피보험자나 보험수익자의 상속인이 보험금 청구권을 취득하는 경우 고유재산이므로 상속재산분할대상에 포함되지 아니하나, 비록 상속인의 고유재산이더라도 상속인들이 상속인들 사이에 공평을 기하기 위하여 스스로 상속재산 분할협의 대상에 포함시켜 분할하는 것은 사적 자치의 원칙상 유효하다. 상속인 중 일부를 보험수익자로 지정한 경우, 비록 상속인의 보험금청구권은 상속재산이 아니라 상속인의 고유재산에 해당하지만, 피상속인인 보험계약자가 보험료를 지급하였으면 이는 유증이나 사인증여에 준하는 무상처분에 해당하며, 공동상속인 간의 형평을 도모할 필요가 있으므로 특별수익에 준하는 것으로 보아 공동상속인 간의 형평을 심각하게 해하는 사정이 있는 경우에는 반환을 긍정할 수 있고, 유류분을 침해하는 경우에는 유류분반환대상에도 해당할 수 있다.Life insurance s main purpose is ensuring the survival of the bereaved family members after they die, so usually someone who is not an insured person is designated as an insurance beneficiary. If the heirs of the insured or the beneficiary of the insurance obtain the right to claim the insurance, various legal issues occur related to inheritance. However, the commercial law does not have a related regulation, and it causes confusion in practice. If the heir becomes the beneficiary of the insurance, the benefit of the beneficiary of the insurance is the inherentor s own property, not inherited property, as it is due to the effect of the life insurance contract. The intention of the party seems to include not only the status of the heir of the beneficiary but also the inheritance rate of the insurance beneficiary among coinheritor, so the amount calculated under Korean Civil Law is fair. Even if the heir refuses the succession at the time of death of the insured, he/she can take any proceeds. Any beneficiary who intentionally causes the death of the insured is disqualified form receiving the proceeds according to the policy terms. Meanwhile, Korean Civil Law prescribes disqualification of inheriting those who have committed acts referred to in non-ethics behavior. According to the prescription, the disqualification of succession is disqualified form receiving the proceeds according to the policy terms. Although the right to claim insurance is the inheritor s own property and not included in the object of econsultation division of inheritance property, it is valid in principle of private autonomy to include and divide. When one of the inheritors of a insured is designated as a insurance beneficiary, he/she can take death benefits. However, death benefits has certain points of likeness to inheritance in that is it paid by the his death, in some exceptional cases there is special circumstances that harms the equity of other inheritance seriously, the death benefits can be regarded as special benefits in Korean Civil Law. And in this case, death benefit as special benefits can be counted on the basis for legal reserve of inheritance.

インターネットのメディア特性と法的・制度的諸課題 : ジャーナリズムとの関係を中心として

インターネットのメディア特性と法的・制度的諸課題 : ジャーナリズムとの関係を中心として

The Study of Legal Problems in Case a Inheritor is Beneficiary under Life Insurance Polices

The Study of Legal Problems in Case a Inheritor is Beneficiary under Life Insurance Polices

A study of legal problems in accepting the germany Kurzberichterstattungsrecht in korean boradcasting law

공영방송과 민영방송간의 경쟁이 치열해짐에 따라 많은 법적인 문제점이 발생했고 그중 하나가 단편보도권이다.BR 단편보도권은 독일 방송국가협약 제5조에 규정되어 있는데 방송의 다양성 확보를 위해 배타적인 독점권을 가진 방송사의 경향성에 입각한 결과보도를 배제하고 다수의 방송사에 의한 다양한 시각에서의 결과보도를 목적으로 도입되었다.BR 우리나라의 경우 2010년 SBS가 월드컵경기 독점중계권을 FIFA와 체결함에 따라 공영방송인 KBS와 MBC는 경기의 중계권만이 아니라 뉴스시간에도 주요장면이 실리지 못하는 보도를 함으로써 국민의 알권리와 다양한 평가를 동반한 정보의 제공을 받지 못한 상황이 발생하였다. 왜냐하면 현재 우리의 방송법상 단편보도권규정은 없기 때문이다. 그러나 국민의 알권리와 다양한 시각에서의 가치연관적인 보도를 요구하는 국민에 부응하기 위해서는 사실적인 문제가 아니라 법적인 문제로 승화시켜 제도화할 필요가 있다. 이러한 점에서 우리보다 먼저 단편보도권에 대해 입법형성한 독일의 경우를 살펴봄으로써 향후 우리의 방송관련 입법형성에 고려될만한 점을 제시하고자 한다.

A Brief Study of Legal Problems in the Music Business

A Brief Study of Legal Problems in the Music Business

The Significance of General Definitions in the Study of Problems of Law and Socialist Legality

The scientific study of legal problems on the basis of the important theoretical propositions contained in the Program of the CPSU, the materials of the 22nd Party Congress, and of subsequent plenums of the CPSU Central Committee requires the performance of two kinds of tasks: theoretical analysis of juridical categories in accordance with the most recent progress of the Marxist-Leninist science of socialist society and the paths it is to follow in the period of the comprehensive building of communism; and also a search for the most advanced practical legal means capable of facilitating to the utmost the effectuation of the historic decisions of the congress. Soviet law, which is conditioned by the socialist economy, is itself a most important lever in the solution of problems of an economic nature and in establishing the material and technical base for communism. Its role is also important in the field of ideological education of the Soviet people, builders of the new, communist society.

Report of Committee on Study of Legal Problems of the United Nations

Report of Committee on Study of Legal Problems of the United Nations

Reports of Committees: Committee on Study of Legal Problems of the United Nations

Reports of Committees: Committee on Study of Legal Problems of the United Nations

Committee on Study of Legal Problems of the United Nations

Committee on Study of Legal Problems of the United Nations

Report of Committee on Study of Legal Problems of the United Nations

Report of Committee on Study of Legal Problems of the United Nations

Reports of Committees: Committee on Study of Legal Problems of the United Nations

Reports of Committees: Committee on Study of Legal Problems of the United Nations