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Journal articles on the topic 'Foreign trade regulation – Law and legislation'
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1
Kirilenko, V. P., Yu V. Mishalchenko, and E. V. Vasileva. "Features of International Legal Regulation of Foreign Trade Contracts." EURASIAN INTEGRATION: economics, law, politics 16, no. 3 (October 14, 2022): 84–94. http://dx.doi.org/10.22394/2073-2929-2022-03-84-94.
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The article conducts a study to determine the mechanism of effective legal regulation of the content of foreign trade contracts when establishing mutually beneficial relations between participants in a foreign economic transaction who are subjects of law of different states by type of economic activity in accordance with and in accordance with the terms agreed by the parties on the basis of the applicable norms of national and international law and the legislation of the countries regulating these legal relations in foreign economic activity.Aim. To propose the most optimal directions for improving the legal regulation of the content of foreign trade contracts in the system of international integration.Tasks. To determine the legal basis for regulating foreign trade contracts in modern integration processes; to investigate the legal aspects, specifics and procedure for concluding foreign trade contracts, as well as to identify legal problems that hinder the development of these legal relations.Methods. In this research we used methods of comparative law, methods of analysis and synthesis, as well as methods of deduction and induction.Results. In the course of the study, the authors come to the conclusion that there are some problematic aspects of both national and international regulation in the field of foreign trade contracts. These problems are expressed in the absence of a single legal regulation for the conclusion and execution of foreign trade contracts, the presence of specific requirements for the content of the contract in different countries, and as a result, the appearance of conflicts at the stage of agreement of the text of the contract by partners from different countries, as well as in the absence of a single legal mechanism ensuring fair resolution of disputes between the parties to the contract.Conclusion. As a result of the analysis of the actual problems associated with the lack of the necessary comprehensive legal regulation of the content of foreign trade contracts, the authors propose optimal ways to solve them by harmonizing legislation at the international level in order to humanely and fairly bring together the legislations of states and establish comparable regulatory legal regulation in relation to the legal regulation of the content, conclusion and execution of a foreign trade contract.
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Harianto, Aries. "Regulating Foreign Labor in Emerging Economies: Between National Objectives and International Commitments." Academic Journal of Interdisciplinary Studies 10, no. 3 (May 10, 2021): 384. http://dx.doi.org/10.36941/ajis-2021-0092.
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The dialectics of the regulation of foreign workers, is a problematic indication as a legal problem in Indonesian legislation. This article aims to describe the urgency of critical studies concerning the regulation of foreign workers by exploring existing legal problems with national commitments to ratify international agreements regarding free trade, with a case study in Indonesia. By using normative and juridical approach with a variety of approaches both the law approach, conceptual approach, case approach and comparative approach, the study found that the regulation there is an inconsistency clause regarding special competencies that must be owned by foreign workers, including the selection and use of terminology in Act No. 13 of 2003 concerning Manpower. Thus, this study offers a constitutional solution due to the regulation of the subordinate foreign workers on international trade commitments which in turn negate the constitutional goals of creating the welfare of domestic workers. The normative consequences that immediately bind Indonesia after integrating itself in the World Trade Organization (WTO) membership are services trade agreements that are contained in the regulations of the General Agreement on Trade in Services (GATS). Based on the GATT/WTO rules, national legislation or labor regulations that are too protective are considered to violate WTO provisions because the WTO substantially requires the creation of policies without discrimination in all matters including equalizing the position of foreign workers and domestic workers. The final finding of this study offers to draft the concept of future regulation regarding the regulation of foreign workers who are loaded with elements of the objectives of constitutional-based law.
Received: 25 September 2020 / Accepted: 9 April 2021 / Published: 10 May 2021
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Khoma, Val O. "NATIONAL PECULIARITIES OF LAW REGULATION IN THE FIELD OF DUTY-FREE TRADE." Legal horizons, no. 17 (2019): 59–63. http://dx.doi.org/10.21272/legalhorizons.2019.i17.p:59.
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The article is devoted to the researching of peculiarities of national law regulation in the field of duty-free trade. Moreover, the article is devoted to the analysis of the concept of a “duty-free trade regime”, legislative peculiarities of implementing law terminology on the order of sale of goods in duty-free shops. The ways of improving the law regulation system in this field are suggested. The national system of law regulation in the field of duty-free trade is included in the system of law regulation in the field of implementing State Customs Policy. The State Customs Policy is called to defend national interests, to provide Customs Security, to determine the principles of foreign trade regulation and protection of domestic market, to provide development of national economy and it’s integration into the world economy with the State Customs Affair means. Extremely high requirements are stated to quality of legislation in any field of social and economic life including Customs Field as normative and law regulation is essential. This statement is equal to the quality of norms by which activity on duty-free sale is regulated. Peculiarities of national law regulation in the field of duty-free trade are researched. The analysis of the concept of a “duty-free trade regime” has done. Legislative peculiarities of implementing law terminology on the order of sale of goods in duty-free shops demonstrate contradictions and inconsistencies in formulating appropriate statements of the Customs Code of Ukraine. Detached suggestions on improving a national system of law regulation in the field of duty-free trade are grounded in the article on the base of analysis of Customs Code of Ukraine statements quality and as a result of determining of law collisions and contradictions, and also of expediency of implementing some formulation of concept apparatus in this field. It is suggested to improve the system of law regulation in the field of duty-free trade in the way of identifying principle changes on the removal of the concept of “customs regime” from national Customs legislation and implementing of the concept of “customs procedures” according to the European approach. Another way of improving the system of law regulation in the field of duty-free trade is currently using the concept of “customs regime” with the appropriate correcting meaningful and technical errors in Chapter 22 of the Customs Code of Ukraine. Keywords: law regulation, law regime, duty-free trade, duty-free shop.
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Kozhevnikov, Оleg A., and Marina V. Chudinovskikh. "Regulation of telework in Russia and foreign countries." Vestnik of Saint Petersburg University. Law 11, no. 3 (2020): 563–83. http://dx.doi.org/10.21638/spbu14.2020.303.
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The article analyzes the legislative approaches to the regulation of telework in Russia, the United States, and the countries of the European and Eurasian Economic Union (EAEU). The authors systematized the main issues of the Telework Enhancement Act, the Telework Framework Agreement, and the Labor Code of the Russian Federation and countries of the EAEU. The comparison made it possible to conclude that the norms of Russian labor law significantly lag behind European and American legislation. The regulation of telework in the Russian Federation consists of a certain framework, without a legal resolution of many important issues. The norms of the Labor Code of the Russian Federation are focused on procedural issues rather than on guarantees and compensation for employees. The authors investigated the level of labor guarantees for teleworkers in Russia and also carried out a comparison of social protection, which highlighted the reasons for the proliferation of “gray” employment schemes. The key problems of telework regulation in Russia are the absence of the obligation of the employer to compensate the employee for the costs of equipment and communication, reduced responsibility and duties of the employer in terms of labor protection, adherence to the work and rest regime, imperfection of the rules governing dismissal. In order to improve the Russian legislation, the possibilities of securing the preferential right of certain categories of individuals to enter into an agreement on teleworking, establishing the employer’s obligation to compensate employee expenses caused by teleworking are considered. The necessity for increasing the work on raising the level of the legal culture of citizens on the part of educational institutions and trade unions is justified. The regulation of telework in Russia needs to be gradually improved on the basis of an analysis of Russian law enforcement practices and foreign experience.
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Shaidullina, Venera Kamilevna. "Legal regulation of functionality of the trade aggregators online." Право и политика, no. 8 (August 2020): 58–66. http://dx.doi.org/10.7256/2454-0706.2020.8.33341.
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The object of this research is the public relations in the area of functionality of the trade aggregators online. The subject of this research is the normative legal acts regulating these public relations. A definition is provided to the trade aggregators, with emphasis on the key disadvantages of e-commerce for consumers from the perspective of application of such tools. The author examines foreign experience of legislative regulation of e-commerce, as well as underlines one of the crucial problems in regulation of e-commerce relations consisting in responsibility for the quality of information, published by the seller within the framework of indicated aggregators. As evidenced by practice, online purchase of goods involves various risks and conflict situations, which should be taken into account by all e-commerce participants. It is noted that the activity of aggregators intensify competition in e-commerce. Thus, the author suggest to enshrine a universal definition of Internet aggregators not in the sectoral legislation, but in Law No. 149-FZ of July 27, 2006 “On Information, Information Technologies and Information Protection". Only then would be possible to establish responsibility of the trade aggregators in sectoral legislation (for example, in the area of transportation services, communications, commerce, etc.).
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Чукреев, Вадим Андреевич. "Countering illegal organ and tissue transplantation in foreign legislation." Вестник Московской академии Следственного комитета Российской Федерации, no. 2(32) (June 22, 2022): 106–12. http://dx.doi.org/10.54217/2588-0136.2022.32.2.014.
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Статья посвящена анализу уголовно-правовых норм зарубежных стран, таких как США, Индия и другие, в области незаконной торговли органами и тканями и противодействия указанным преступлениям. Автор рассматривает законодательство зарубежных стран в сфере криминализации незаконной торговли органами и тканями, раскрывает ряд нормативно-правовых актов, регулирующих данный вопрос, и отображает основные подходы различных уголовно-правовых систем зарубежного права. The article is devoted to the analysis of criminal law norms of foreign countries, such as the United States, India and others, in the field of illegal trade in organs and tissues and countering these crimes. The author examines the legislation of foreign countries in the field of criminalization of illegal trade in organs and tissues, reveals a number of normative legal acts regulating this issue, and displays the main approaches of various criminal legal systems of foreign law.
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Imamova, Dilfuza. "Improvement of legal regulation of foreign economic transactions in the Republic of Uzbekistan." Общество и инновации 1, no. 2 (November 18, 2020): 94–104. http://dx.doi.org/10.47689/2181-1415-vol1-iss2-pp94-104.
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The article deals with issues related to improving the legal regulation of foreign economic transactions in the Republic of Uzbekistan. It is determined that foreign economic transaction is a transaction in which one party is a foreign company or a commercial enterprise located in another state, the trade focused on the import or export abroad and to use in settlements with counterparty foreign currency. It was found out that some types of foreign economic transactions are not reflected in the national legislation of the Republic of Uzbekistan, namely distribute and forfeiting contracts.
The article notes that there are various problems associated with the incorrect formation of the terms of foreign economic transactions, their content and requirements, in particular when reflecting the applicable law, the arbitration clause, determining the advantages of the contract language, the application of non-state regulation.
It is concluded that it is necessary to regulate the definition of applicable law in relation to certain types of foreign economic transactions that are not reflected in the Сivil code of the Republic of Uzbekistan, namely, in relation to distribution and forfeiting contracts, certain types of foreign economic transactions, internet auctions, internet contests or internet exchanges.
Based on the study of foreign experience and scientific and theoretical views, ways to improve legislation in the field of settlement of certain types of foreign economic transactions were investigated. Based on the results of the analysis, relevant conclusions were drawn and proposals were developed for the current legislation.
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Aliyeva-Baranovska, Vira, and Olha Sirenko. "Comparative characteristics of trade secret in the legislation of foreign countries and in international law." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 4, no. 4 (December 29, 2020): 135–49. http://dx.doi.org/10.31733/2078-3566-2020-4-135-149.
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The purpose of the article is to investigate the place of trade secrets in regulations, international treaties, foreign legislation, and key means of protecting trade secrets in accordance with these regulations. A comparative analysis of current norms and provisions of the system of legislation of foreign countries in terms of protection of trade secrets. An analysis is performed of international treaties and the legal framework of foreign countries, namely, the Paris Convention for the Protection of Industrial Property, the Stockholm Convention establishing the World Intellectual Property Organization of 1967 in terms of protection of trade secrets in order to improve national legislation in this area. It has been emphasized that the definition of trade secrets is similar in the Civil Code of Ukraine and in the TRIPS Agreement, which enshrines three criteria of trade secrets: secrecy, commercial value and taking adequate measures to ensure secrecy. It is noted that legal protection provides for and requires the owner of the commercial secrecy to take appropriate measures to ensure the protection of relevant information from unfair commercial use. Sometimes the misappropriation of a trade secret is the result of industrial espionage, when a person provides classified information to a competitor for monetary or other remuneration. The main provisions of the North American Free Trade Agreement (NAFTA) on trade secrets are analyzed in comparison with the EU legal system, according to which patent law provides additional incentives for the application of the commercial secrecy regime to protect confidential information. Four approaches to understanding this legal regime in the doctrine of Anglo-Saxon legal systems are analyzed: the theory of contractual obligation, the theory of fiduciary (trust) relations, the theory of misappropriation and the theory of unfair competition. It is concluded that the applied criteria for classifying information as a trade secret are similar, in relation to actions that are not appropriation of a trade secret, in particular, in relation to the ‘legalization’ of reverse development, which is relevant for the information technology industry. Ukraine has the prospect of including in its legislation an important legal act – the Law of Ukraine on Trade Secrets, which will have a positive impact on the business climate, promote investment attractiveness, and meet the needs of businesses and the state.
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PETRYSHYN, Nataliia, Andrii TODOSHCHUK, and Marta DAVYDCHAK. "Features of the regulation of foreign economic activity during martial law." Economics. Finances. Law 11/2, no. - (November 30, 2022): 9–12. http://dx.doi.org/10.37634/efp.2022.11(2).2.
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Introduction. As a result of the introduction of martial law on the territory of Ukraine, state regulation is complicated by a number of problems, in particular, in the area of ensuring economic stability and development. Therefore, there is an urgent need to find new mechanisms for the organization of state regulation of foreign economic activity, which will be adaptive to today's conditions and provide adequate support for international trade relations, in order to facilitate the search for new markets for the sale of domestic products and services. Purpose. Research and analyze the state of state regulation of foreign economic activity in Ukraine. To characterize the implemented changes in the mechanism of regulation of foreign economic activity in the conditions of martial law. To single out the problems of state regulation of foreign economic activity and to outline future prospects for development. Results. Since martial law is a specific legal regime, the use of market instruments of influence on foreign economic activity that existed before the war may not be appropriate. Therefore, the state introduced certain changes in the legislation on the regulation of foreign economic activity. In particular, it is possible to import most goods in a simplified way without making customs payments and without carrying out a customs inspection; quotas and export licensing of agricultural groups of goods were introduced; the deadline for settlement of operations on the export and import of goods has been reduced; it is prohibited to carry out cross-border transfer of currency values from Ukraine, etc. Particular attention is paid to the problems that complicate the process of introducing foreign economic activity in the conditions of war and directly affect the economic condition of both the enterprise and the state. Conclusion. During the martial law, changes in the regulation of foreign economic activity should take into account the partial loss of logistics infrastructure, the increase in the level of political risks, the difficulty of choosing partners and establishing cooperation, etc. and help the country in the effective conduction of international trade.
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Прокофьев, Александр, Aleksandr Prokofiev, Валерия Смирнова, and Valeriya Smirnova. "Certain Issues Concerning Legal Regulation of Trade Mark License Contracts." Journal of Russian Law 3, no. 7 (June 25, 2015): 0. http://dx.doi.org/10.12737/11743.
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The article examines current legal problems which arise in connection with trade mark license contracts. In the contemporary business environment a problem of liability for non-ensuring quality control under trade mark licensing law has become increasingly important. Restrictive business practices and regulation of parallel import is another concern. Authors analyze not only provisions of the substantive law but also legal regulation of the relevant issues concerning the conflict of laws rules. The article also tackles a major problem in the sphere of international private law: correlation of lex contractus and lex loci protectionis connecting factors. Lex contractus covers contractual aspects of the trade mark license such as contract interpretation, mutual obligations of the parties, their performance, discharge and consequences of breach thereof. And lex loci protectionis governs non-contractual aspects such as existence, validity and protection of the right to the trade mark itself. Sometimes it is difficult to label certain issues, like the licensee’s allowed continued use of the mark after the termination of the license, as contractual or non-contractual. The article offers comprehensive analysis of all these questions on the basis of the most recent legislation, court practice and doctrines, both Russian and foreign.
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Kamyshanskyi, V. I. "LEGAL ASPECTS OF DIGITALIZATION OF INTERNATIONAL TRADE THROUGH IMPLEMENTATION OF BLOCKCHAIN TECHNOLOGY (EXPERIENCE FOR UKRAINE)." Economics and Law, no. 4 (December 8, 2022): 31–42. http://dx.doi.org/10.15407/econlaw.2022.04.031.
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The article is devoted to the study of the peculiarities of digitalization of international trade through the introduction of blockchain technology and the identification of issues that require legal regulation for the implementation of the relevant process in Ukraine. It is emphasized that digitalization of international trade through the introduction of blockchain technology opens up opportunities for optimization of administrative trade procedures and stimulation of foreign trade activity, in particular, it allows modernizing and optimizing the work of “single windows” (including certification and customs clearance); cross-border data exchange between government agencies or authorities and economic entities; payment transfer system, etc. In turn, the use of smart contracts, built on the appropriate technology, can automate the compliance of stakeholders with various contractual obligations; and data (in the blockchain) — is a stream of reliable information about past transactions, as they remain unchanged after entry. This provides greater transparency and the ability to trace the movement of a product or document throughout the supply chain with a high level of security and immutability, as well as eliminates double spending (in particular, by using the same digital documents as collateral for financing, which is a common source of fraud in international trade. At the same time, blockchain technology is only a tool on the way to optimizing administrative trade procedures and stimulating foreign economic activity and can be used only if there is appropriate legislation. In particular, the issues of determining the legal status of the blockchain (in particular, the terminology — “blockchain”, “smart contracts”) and blockchain-based applications need to be settled. Analysis of international experience proves the lack of unified approaches in this area. This actualizes the need to intensify work at the global international level to address the above issues. It is also advisable for Ukraine to join this process. For the sake of end-to-end digitalization of trade and limiting the possibility of potentially conflicting individual approaches that could lead to further disconnection and barriers to trade, harmonization of domestic legislation in accordance with existing international documents (in particular, UNCITRAL model laws) is becoming important. Digital trade agreements (e.g., the upcoming Digital Trade Agreement between Ukraine and the United Kingdom) are one of the tools that will help to intensify actions in this direction. In addition, among the issues that require regulation prior to the introduction of blockchain technology in international trade are the following: (1) the procedure for entering data (in particular, ensuring their accuracy and completeness) to be transmitted and exchanged on the blockchain; (2) protection of the transmitted data, (3) responsibility for data entry and processing, as well as the legal algorithm for their correction in case of errors (in particular, it should be clearly defined whether it is possible to make changes to the code underlying the blockchain to correct errors and, if so, who has the right to do it), (4) dispute resolution procedure; (5) mutual recognition of documents/certificates issued (this will ensure that the algorithms used work accurately with the data entered and comply with specific (international and national) rules), etc., as well as recognition of electronic signatures and electronic documents (in particular, transfer documents, bills of lading, promissory notes, warehouse receipts, etc. On this basis, it is considered expedient not to adopt a separate legal act like the Illinois State Law “On the Implementation of Blockchain Technology”, but to modernize the existing laws of Ukraine: the Law of Ukraine “On Electronic Commerce”, the Law of Ukraine “On Electronic Documents and Electronic Document Management”, etc. These are the directions of further research. It is considered appropriate at the legislative level to allow the use of smart contracts, records and signatures protected by blockchain in the field of trade and to use the method of analogy of the law in order to extend the legal regime of electronic contracts and signatures to them, which is reflected in the law-making of certain foreign countries (in particular, the United States (New York State). It is proposed to develop and adopt legislation on the digitalization of economic policy in general and foreign economic policy in particular, taking into account the principles of functional equivalence and technological neutrality. This will protect domestic legislation from the need for constant amendments to take into account the emergence of new technologies.
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Madalena, Ignacio. "Foreign direct investment and the protection of the environment: the border between national environmental regulation and expropriation." European Energy and Environmental Law Review 12, Issue 3 (March 1, 2003): 70–82. http://dx.doi.org/10.54648/eelr2003010.
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This article endeavours to set up the border between legitimate non-compensable national environmental measures or regulations and measures that are tantamount to expropriation requiring compensation. Recent investor-state arbitration claims show that whenever a state takes action to protect the environment, the state is responsible for damages to foreign investors protected under an investment treaty. After a brief description of the relationship between the protection of foreign direct investment and the environment, this article addresses in Part II how the vague definition of investment under treaty law, broadens the treaties' scope of application. Part III describes what amounts to a taking under a bilateral investment treaty and the North American Free Trade Agreement (NAFTA), and under international law. Part IV draws the border between legitimate non-expropriatory national legislation aimed at protecting the environment and regulations that are tantamount to expropriation. Part V refers to the issue of whether a proportionate and non-discriminatory regulation aimed at a public purpose, and not in breach of prior commitment requires compensation. Part VI is a conclusion.
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Andrianova, Maria A., and Dmitriy A. Sokolov. "THE CONCEPT OF NON-COMPETE PROVISIONS IN EMPLOYMENT RELATIONS." Scientific Review. Series 1. Economics and Law, no. 2 (2021): 141–50. http://dx.doi.org/10.26653/2076-4650-2021-2-13.
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This article analyzes the regulation of restrictive covenants in employment contracts in foreign and Russian law, as well as the importance of this institution for protection of the interests of employers. In the course of their employment, employees, particularly those in managerial positions, acquire detailed information about the employer's business. Such information can then be used for the benefit of the new employer or the employee themselves in their own business activities. In order to manage this risk at the level of the employment contract, the foreign law has developed the concept of restrictive covenants. This article discusses the pre-conditions of the negative approach which has been developed in the Russian law to the inclusion of such provisions in the employment contract and the effectiveness of instruments used instead of them in practice, in particular trade secret and unfair competition, as well as Article 276 of the Russian Labour Code. The problem of the employer's lack of appropriate measures to protect their interests in the modern labor law of the Russian Federation and the need to supplement domestic legislation with provisions regulating restrictive covenants is raised.
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MURAVSKA, Lesya, and Tatyana RUDA. "PECULIARITIES OF EXPORT-IMPORT OPERATIONS OF AGRICULTURAL PRODUCTS UNDER MARTIAL LAW." Herald of Khmelnytskyi National University. Economic sciences 312, no. 6(2) (December 29, 2022): 93–97. http://dx.doi.org/10.31891/2307-5740-2022-312-6(2)-17.
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The purpose of the article is to study the peculiarities of export-import operations of agricultural products under martial law. The war radically changed the conditions of conducting business, in particular, it affected foreign economic activity. The article examines the peculiarities of export-import operations in the conditions of blockade of sea ports, disruption of stable logistics chains and significant increase in logistics costs. The legislative changes affecting the procedure for carrying out export-import operations with the participation of domestic business entities were analyzed. The article also analyzes the main trends in foreign trade in agricultural products, in particular, grain crops. The issue of the “grain agreement” and its features have been studied. It was established that the regulation of foreign economic activity has positive results. According to the results of the first half of the year, agricultural products maintained a dominant position in the volume of exports from Ukraine, despite the five-month blockade of the main sales channel – ports on the Black Sea. Therefore, the study of export-import operations of agricultural products is an urgent problem. Currently, companies that are just starting to enter foreign markets have a whole arsenal of support tools — from foreign market analytics, educational events and consulting, foreign partner search tools to grants from the state and donor organizations. Prospects for the development of exports in the conditions of war are determined, given the limited economic and organizational capabilities. The conducted analysis of the dynamics of foreign trade of Ukraine, the structure of export of agricultural products, logistical features of trade indicates the need to develop new approaches to the organization of foreign trade under martial law conditions.
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Rozhenko, Oleksandra. "LEGAL REGULATION OF FOREIGN ECONOMIC ACTIVITY OF ECONOMIC ENTITIES IN THE FIELD OF GRAIN GROWING IN UKRAINE: THEORETICAL AND LEGAL ASPECTS." Law Journal of Donbass 77, no. 4 (2021): 101–9. http://dx.doi.org/10.32366/2523-4269-2021-77-4-101-109.
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The article examines the definition of the term "foreign economic activity", analyses the definitions of foreign economic activity as well as legislation and theory formed in connection with the emergence, as well as the history of this term. Based on the results of the analysis of the definition of the term "foreign economic activity", its advantages and fragmentation and incompleteness are formulated in separate definitions, the need to highlight its complexity and multi-segment is emphasized, which are the objects, criteria and analytical features of economic management at micro level and legal regulation at macro level in this area. The article revealed the composition of the elements of the system of legal regulation of foreign economic activity, which includes: types of foreign economic activity, methods of foreign economic regulation, tools to influence foreign economic activity, subjects of foreign economic activity in Ukraine. The non-exclusive importance of legal regulation of foreign economic activity of economic entities in the field of grain growing is substantiated, namely the strategic importance of grain in the process of ensuring economic security of the country, including food, the priority of the grain market, which is enshrined in law. Based on the analysis of the system of legal regulation of foreign economic activity, a systematic approach to the interpretation of the category "legal regulation of foreign economic activity in the field of grain growing" is proposed. Improvement and specification of the specific category in the field of grain growing will create the necessary conditions for increasing the efficiency of using the existing potential at macro and micro levels. The proposals were made to improve the current legislation by eliminating the identified shortcomings in the definition of the term category in the interpretation of the concept of "foreign economic activity", what will promote the development of the system of legal regulation of foreign economic activity in the field and achieving the goals of sustainable development of Ukraine in accordance with the National Report of the Ministry of Economic Development and Trade of Ukraine (2017), in particular, the legal regulation of investment insurance.
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YUROVSKA, Viktoriia, and Alina PYVOVAR. "Comparison of the labor code and the draft law "On labor": employment contract." Economics. Finances. Law 12, no. - (December 27, 2022): 9–13. http://dx.doi.org/10.37634/efp.2022.12.2.
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The paper is devoted to the coverage of current changes and de-Sovietization of legislation in the field of labor, namely: a comparison of the legislative regulation of the employment contract in accordance with the Labor Code and the draft law "On Labor" published on the website of the Ministry of Economy. The author analyzed the provisions of the legislative regulation of legal relations arising between the employee and the employer: content, forms, conditions, grounds for termination and suspension of employment contracts, and comparison of existing and proposed rules. It is emphasized that the intensive development of labor relations and European integration "require" a clear, flexible, and understandable legislative regulation of labor relations, in particular in terms of proper social protection of workers, ensuring wages and labor rights of the latter at a decent, European level, in accordance with the conventions of the International Labor Organization, and the importance of labor unions. The works of legal scholars in the field of labor law, who spoke on this topic, were used and analyzed. The experience of other European countries, their path as a candidate country, legislative regulation of the labor sphere and foreign research on the labor market, as well as statistics of domestic institutions for the period 2021-2022, were used. Attention is drawn to the importance of social dialogue between employers, employees and trade unions. The conclusion is made about the need to finalize the draft law, which should meet the latest needs of modernity, the vector of the post-war development of Ukraine, its socio-economic doctrine, legislative acts of Ukraine, Conventions of the International Labor Organization and Directives of the European Commission, and the need for a new Labor Code, not the Law of Ukraine "On Labor".
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Kanachevskii, Vladimir. "International Organizations and Foreign States: Participants in Civil Law Relations in Russia." Review of Central and East European Law 29, no. 1 (2004): 15–34. http://dx.doi.org/10.1163/157303504773821149.
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AbstractThe author examines the legal status of international organizations and foreign states in trade and commerce in the Russian Federation. The specifi c issues which are touched upon by the author include general problems of the participation of public entities—such as international organizations as legal persons and the immunity of foreign states and international organizations—in civil law relations. The author concludes that domestic legislation should not be considered to be the only source of law for regulating private international relations involving states; practice illustrates that international treaties are also a source of such rules and regulations. Special attention in this article is devoted to characteristic features of the legal personality of international organizations, the sources of law regulating relations in which international organizations participate, the role of domestic law and internal rules of international organization itself, the various aspects of the legal capacity of international organizations as subjects of Russian civil law including agreements involving international organizations, the legal status of their separate divisions, issues relating to the property rights of international organization, and the civil law status of representatives of foreign states attached to international organizations (and their civil servants). The legal base for this research is formed by international treaties, the charters and internal rules of international organizations, and rules of Russian civil legislation as well as decisions of Russian and international judicial bodies. By way of conclusion, the author postulates that it is wise for domestic (and foreign) natural and legal persons, which enter into relations with the international organizations and foreign states, to take into consideration the specifi c nature of the above-mentioned subjects. In practice, this may result in dismissal of a plaintiff 's claim in a RF court where the defendant is an international organization or foreign state. It may thereby be impossible to hold such an organization or state civilly liable (without its consent) for breaching a contractual undertaking.
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Ryzhkova, S. M., and V. M. Kruchinina. "State regulations the market of fertilizers in Russia." Proceedings of the Voronezh State University of Engineering Technologies 83, no. 1 (June 3, 2021): 410–20. http://dx.doi.org/10.20914/2310-1202-2021-1-410-420.
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The international fertilizer market developing dynamically. Domestic producers of fertilizers are not only the largest exporters of these products to world markets, but also almost completely meet the demand in the domestic market. Following the provisions of sustainable development, the state regulation of the fertilizer market should determine and guarantee the safety of the production, transportation, storage and use of fertilizers for both humans and the environment. The purpose of the study is to study and systematize a set of regulatory documents regulating the market of fertilizers, taking into account the domestic and foreign trade interests of Russia, comparing domestic and foreign legislation on the studied problem. For this purpose, classical methods and economic methods of research were chosen: analysis and synthesis, deduction and induction. The law of direct action regulating the turnover of fertilizers has not been adopted in Russia, although such laws are applied in a number of countries, and they are aimed at regulating the chain of passage of fertilizers from the producer to the consumer. The structure of Russian fertilizer legislation is not linear. At the same time, the Russian system of state regulation of fertilizer turnover includes numerous and diverse regulatory and legal acts, including international ones. The analysis of the existing regulatory documents on the regulation of the fertilizer market revealed the need to harmonize legislation in terms of an integrated approach and taking into account intersectoral features: the agricultural sector unites both large and small, and medium-sized participants, while the production of fertilizers is monopolized. The development of the domestic fertilizer market is constrained by the multi-vector standards laid down in the development strategies of the agricultural sector and the chemical industry. The state policy of fertilizer circulation is characterized by inconsistency and incoherent sectoral legislation, the lack of necessary coordination of the regulation of the fertilizer market with the needs of domestic agriculture. It is necessary to introduce the concepts of new types of fertilizers in the national standards in the near future, as well as to launch public-private partnership mechanisms to saturate the domestic market with new innovative fertilizers.
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Poljanec, Kristijan, and Tomislav Jakšić. "Safeguarding Croatian Strategic Industries Within the Scope of the EU Foreign Direct Investment Regime." Central European Journal of Comparative Law 1, no. 2 (December 9, 2020): 123–49. http://dx.doi.org/10.47078/2020.2.123-149.
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A European Union (EU)-wide screening regime entered into force in October 2020, marking the turning point in the Member States’ investment relations with third countries, most notably, the emerging economies of the Far East. Most Central and Eastern European (CEE) states have recently embraced novel screening solutions; some legislative proposals are still pending in a few states. These regulatory changes are the result of the socio-economic turmoil caused by the COVID-19 epidemic, which threatens a major fire sale of resources that are deemed critical for the Member States’ national security and public order. In this paper, the authors examine the existing screening mechanisms regarding foreign direct investment (FDI) in five EU countries: Austria, Germany, Hungary, Slovenia, and Poland. Given the apparent lack of comprehensive FDI screening mechanisms in Croatia, the authors consider that the findings of this comparative analysis could help Croatian legislator establish a comprehensive legal regime for FDI pouring into Croatian strategic industries. This paper argues that Croatia should introduce novel screening mechanisms along the lines of the Germanic legal tradition, most notably, the CEE and the German foreign trade and payments law. The authors suggest potential solutions de lege ferenda that would fit the scope and objectives of the screening regulation. Following the introduction, the second section of the paper glances through FDI screening mechanisms in four CEE countries. In the third section, the paper revisits the existing Croatian legislation on FDI control. The fourth section considers possible amendments thereof within the context of the German foreign trade and payments law. The fifth section summarises and concludes the paper.
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IDREES, Rao Qasim, Zaheer Iqbal CHEEMA, and Jawad RIAZ. "Role of Harmonization and Unification in Perspective of China–Pakistan Economic Corridor Physical Infrastructure and Applicable Laws." Journal of Advanced Research in Law and Economics 11, no. 1 (March 31, 2020): 45. http://dx.doi.org/10.14505//jarle.v11.1(47).06.
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This research paper centers on logistics investment policies both in legal and social manners for current and future China Pakistan trade with reference to CPEC. With further improvement, many other regional economic players in prospective time may join the CPEC projects, where Afghanistan, Central Asian and SAARC states are prominent to enter for the said purpose. There are different practices around the world to achieve socio economic progress. Hence a unified and harmonized system of applicable rules and regulation is required forthwith in order to get benefits from CPEC. This research paper primarily deals with the history of China Pakistan relations in the context of CPEC and Belt and Road Initiative and their benefits to Pakistan. Furthermore, the role of harmonization and unification among legal rules and physical infrastructure is discussed to find benefits and better solutions. This study applies legal research process where historical method is conducted to observe the history of Belt and Road Initiative (BRI) which further includes China Pakistan trade relations and their situation regarding logistics investment in CPEC. Furthermore, comparative legal research is applied to find out the differences among Pakistan legal system and international laws to make foreign investment more beneficial. This research concludes that domestic legislation in Pakistan in the areas of logistics and transportation is very limited in scope. Furthermore, such legislation does not cover the broad area of international trade. In current situation it is pertinent for Pakistan to introduce and revise such legislations and codes and not doing so China may again ask Pakistan to enact law as per his own benefits which he did while Pakistan amend Competition and special economic zone laws. Furthermore, CPEC in future will invite many other trade partners for their investment contribution in the region. This necessitates Pakistan to build strong physical infrastructure and negotiate further trade agreements and relevant legislation with other partners in the region and not only rely upon bilateral agreements with China.
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Trimble, Phillip R. "The President’s Foreign Affairs Power." American Journal of International Law 83, no. 4 (October 1989): 750–57. http://dx.doi.org/10.2307/2203363.
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In the wake of Vietnam and Watergate, Congress set out to attack the imperial Presidency and to recapture its “historic constitutional role” in foreign policy. The tools of congressional activism included the National Commitments Resolution, the War Powers Resolution, the Case Act, the legislative veto over arms sales and nuclear exports, trade restrictions aimed at the Soviet Union and regulation of intelligence activities. In response, Presidents Carter and Reagan charged that Congress was invading presidential prerogatives. Joined by former executive branch officials and academic commentators, they saw an imperial Congress and believed the solution was a strengthened Presidency.
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Makarova, Olena. "CRIMINAL LIABILITY FOR SMUGGLING OF GOODS: UKRAINIAN PROSPECTS AND FOREIGN EXPERIENCE." Green, Blue & Digital Economy Journal 3, no. 1 (May 31, 2022): 28–33. http://dx.doi.org/10.30525/2661-5169/2022-1-5.
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The purpose of this article is to determine the prospects and economic consequences of the introduction of criminal liability for violation of customs regulations and to study foreign experience in this matter. The closer Ukrainian legislation is to the legislation of neighboring countries in the customs sphere, the more effective the fight against cross-border crime will be. The aim of this research is to compare the attitude to smuggling of goods in different countries and to reveal the future effect of criminal liability for smuggling of goods. Research methodology. In this paper a theoretical research method was used. We were studying published academic journals, legislation and databases. Correlation analysis method was used to determine the strength of the relationship between the smuggling liability and budget revenues. Also we used the results of the questionnaire between the professional exporters and importers. The result of this study is the conclusion that granting smuggling the status of a criminal offense will give more opportunities for Ukrainian law enforcement agencies to more thoroughly investigate this type of crime, will give more opportunities for international cooperation and cooperation in combating cross-border crimes. Practical implications of launching the criminal liability for smuggling of goods will give our country the chance to widen the borders of smuggling investigation, to fulfill the state budget with increasing customs revenues and to prevent dishonest enterprisers from smuggling of goods instead of goods’ pure declaring. Value/originality. After the beginning of Russian aggression against Ukraine, the State Budget of Ukraine stopped receiving customs revenues because of international trade blocking. Still Ukraine as a state must think of renovation of its economy and trade, that’s why customs regulations and violation of customs rules are still very important for fiscal policy of the country. Researching of criminal liability for violation of customs rules is not the new theme, but making comparison to European legislation and the US experience contributes to the developing of Ukraine national research school of customs affairs with the relevant data, examples of customs regulations and prospects for the national economy.
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Gerchakivska, O. Y. "Counteraction to customs offenses in the international and Ukrainian regulatory framework." Analytical and Comparative Jurisprudence, no. 1 (July 2, 2022): 141–46. http://dx.doi.org/10.24144/2788-6018.2022.01.26.
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The article analyzes international legislation in the field of counteraction to customs offenses. Attention is paid to the consideration of the activities of international institutions that have formed a layer of regulatory and legal support for the customs sphere, in particular, the World Trade Organization, the World Customs Organization. The peculiarities of customs deviances in the context of the International Convention on Mutual Administrative Assistance in the Treatment, Investigation and Termination of Violations of Customs Legislation have been determined. It was clarified that in accordance with the norms of the Johannesburg Convention, special measures of interaction and counteraction to customs offenses are used: supervision, controlled delivery, involvement of experts and witnesses, joint control and investigation teams and others. The normative and legal aspects of stimulation of subjects of foreign economic activity not to violate customs rules through granting the status of authorized economic operators are analyzed. The legal basis for the work of the mechanism for combating customs offenses in the EU, in particular in the context of primary and secondary EU legislation, is investigated. It is established that the harmonization of international customs legislation and Ukraine is carried out in two main vectors: in accordance with the basic norms of international law and in accordance with the regulations and standards of regulation of the EU.
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Mustika, Desty Anggie, and Amiludin Amiludin. "LABOR IN FOREIGN COMPANIES ASSOCIATED WITH THE PRINCIPLES OF NATIONAL TREATMENT IN GATS / WTO FRAMEWORK." Jurnal Hukum Replik 8, no. 1 (August 29, 2020): 16. http://dx.doi.org/10.31000/jhr.v8i1.3014.
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Since The Issuance Of Law No. 1 Of 1967 Concerning Planting Foreign Capital And Is Now Replaced By-Law No. 25 Years 2007 Regarding Investment There Are No More Foreign Companies Nationalized By The Government And There Is A Political Promise Of The President Who Guarantee There Will Be No Nationalization Of Foreign Companies In Indonesian Regional Foreign Investment Forum. Although There Is Protection Nationalization Of Foreign Companies There Are Various Government Policies For The National Interest, One Of Which Is By Requiring Foreign Companies To Use Local Labor Which Can Be Called The Indonesianization Of Labor In The Company Foreign Law Contained In Act Number 13 Of 2003 Concerning Employment Article 43 To 49. Indeed This Is Indonesia's Sovereignty To Protect Its Domestic Interests Especially The Rights Of Its Citizens To Get Jobs, But Within Indonesia's International Trade In Services Must Comply Various Agreed International Regulations Listed In The GATS / WTO, Whether Indonesianization Of Workers In Foreign Companies This Is Following The Principle Of National Treatment In GATS And Whether This Government Action Is Following The Provisions In The GATS / WTO. By Conducting Descriptive Analytical Research With Methods Normative Juridical Approach, The Author Will Examine Various Regulations National Legislation Related To The Use Of Labor In Foreign Companies And Compare Them Whether This Is Following Existing International Agreements, Especially Within The GATS / WTO. The Results Of This Study Indicate That The Indonesianization Of Workers In Foreign Companies Does Not Violate The Principle Of National Treatment GATS Due To Indonesianization Of Labor Also Applies In Companies Domestic. Indonesianization Are Energy Absorption Processes Local Work In A Foreign Company As A Way Of Dealing With It Globalization Of Trade In Services Contained As One Type Services That Have Been Regulated In GATS Are Commercial Presence.Keywords: Indonesianization of Labor, National Treatment, GATS / WTO
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Hagenmeier, Cornelius, Tapiwa Shumba, and Obeng Mireku. "THE ADMISSION AND ENROLMENT OF FOREIGN LEGAL PRACTITIONERS IN SOUTH AFRICA UNDER THE LEGAL PRACTICE ACT: INTERNATIONAL TRADE LAW AND CONSTITUTIONAL PERSPECTIVES." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 19 (July 25, 2016): 1. http://dx.doi.org/10.17159/1727-3781/2016/v19i0a734.
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Globalisation requires ever closer co-operation between legal professionals hailing from different national jurisdictions. This interactive global environment has fostered growing international training and mobility among legal practitioners and the internationalisation of legal education. Increasing numbers of law students get trained in other countries as part of their undergraduate degrees or even come to foreign shores to obtain law degrees. Many students hailing from other African countries study towardsLLBdegrees at South African universities. Major commercial law firms ensure that they can offer in-house expertise on major foreign legal systems and co-operate with partner firms in other parts of the globe.The General Agreement on Trade in Services (GATS), to which South Africa is a party, is a multilateral agreement focusing on the liberalisation of trade in services amongst member countries. Services under the GATS system include legal services. The commitments made by South Africa under this agreement require that South Africa allows foreign legal practitioners to establish a commercial presence or be transferred to South Africa. The Bill of Rights entrenched in Chapter 2 of the South African Constitution guarantees fundamental rights including the right to equality and freedom of trade, occupation and profession. With the coming into force of the new Legal Practice Act 28 of 2014, which provides a legislative framework for regulating the affairs of legal practitioners, including their admission and enrolment, it is necessary to assess the extent to which the Act complies with the GATS rules and the South African Constitution.This paper examines the new Legal Practice Act 28 of 2014, and examines whether the Act addresses the conflicts that have always existed between the regulation of the legal profession and the admission of legal practitioners in South Africa with South Africa's commitments under the GATS system. Using the doctrinal legal method, it analyses and evaluates the rules governing the admission of foreign attorneys in South Africa from two perspectives. First, it considers them in the light of the international law obligations of the country and second it evaluates whether or not they comply with the South African Constitution, and more specifically with the Bill of Rights entrenched in the South African Constitution. While the new legislation may assist in ensuring the compliance of South Africa with the relevant GATS rules, it will depend on the regulations which still have to be promulgated to what extent the new legal framework will achieve the full compliance of South Africa with all relevant GATS rules.The paper concludes with recommendations for the reform of the Legal Practice Act. It argues that while the requirement to be a South African permanent resident in order to qualify for admission as an attorney may be justifiable in terms of GATS and in terms of South African constitutional law, it is not in South Africa's best interest to retain it. Consequently, the paper calls for the repeal of the permanent residence requirement for admission as an attorney in the county.
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Kosasih, Johannes Ibrahim. "Executive Law Review in an Effort to Accelerate Program Ease of Doing Business." Sociological Jurisprudence Journal 3, no. 1 (May 27, 2020): 8–13. http://dx.doi.org/10.22225/scj.3.1.1322.8-13.
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Indonesia is currently still ranked below in attracting domestic and foreign investment because the existing regulations are not conducive. Many contributing factors, including central government regulations that are inconsistent in their implementation in the regions and the linkages of various regulations that support investment (for example: employment, land, credit, contracts, taxation, cross-country trade, business entities, bankruptcy and etc.), updates adapted to the era of free trade and fair business competition. One of the Government's efforts to improve the investment climate is to implement the Ease of Doing Business program that has been carried out by other countries in various parts of the world. This study aims to carry out the executive law review in an effort to accelerate program ease of doing. This study uses normative juridical research methods by examining various regulations and policies of the Central Government and local governments with a statute approach. The results of this study shows that there are three policies from the Government in the form of revoked, amended or maintained by the regulations referred to in 5 (five) dimensions in the evaluation of regulations, namely the accuracy of the type of legislation, the potential for disharmony in regulations, clarity of the formulation of regulations, assessment of conformity of norms, and effectiveness implementing statutory arrangements. These five dimensions in the Ease of Doing Business program are expected to provide synergy from existing regulations so that foreign investors can look at Indonesia as a country that is comfortable in investing and can provide benefits for businesses that are invested in Indonesia.
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KOSTIN, ALEKSEY. "RISKS OF FOREIGN TRADE PARTICIPANTS IN THE FIELD OF CALCULATION AND ADMINISTRATION OF CUSTOMS PAYMENTS." Economic problems and legal practice 16, no. 5 (October 20, 2020): 42–52. http://dx.doi.org/10.33693/2541-8025-2020-16-5-42-52.
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Purpose of research. The article deals with the problems of forming a business environment in foreign trade, taking into account the construction of a risk-based compliance management model by controlling state bodies. The purpose of the study is to establish and identify the features of identifying risks of participants in foreign economic activity and the state in the calculation and administration of customs payments, respectively. This is necessary not only for the administration of customs duties and taxes, but also for determining the main directions for the development of foreign trade activities of the Russian Federation. Conclusions. As a result of the research, the author comes to the conclusion that risk management occupies a special place in the system of managing the compliance of foreign trade activities with the criteria established by state regulatory (customs, tax) authorities. However, in addition to managing tax and customs risks, which according to current legislation are recognized as violations of the rules established by law, it is necessary to change the system for evaluating the effectiveness and efficiency of the Supervisory authorities themselves. Currently, the relationship between the risk management system and the violations of customs and other legislation themselves is mostly reduced to the implementation of the customs authorities ' fiscal task. According to the majority of importers, the application of the risk management system has a single goal - to increase the costs of participants in foreign economic activity associated with cross-border movement of goods. On the part of participants in foreign economic activity, it is necessary to restructure the strategy of interaction with regulatory authorities. In these circumstances, the key areas of such interaction are the development of the Institute of authorized economic operators, its sub-Institute of authorized exporters, as well as the creation of a self-regulating organization in the field of foreign trade that represents the interests of not only Russian exporters, but also importers.
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Logvinova, Inna V. "CANTONS' INTERNATIONAL LINKS IN SWITZERLAND. ISSUES OF LAW AND ADMINISTRATION." RSUH/RGGU Bulletin. Series Economics. Management. Law, no. 3 (2020): 122–33. http://dx.doi.org/10.28995/2073-6304-2020-3-122-133.
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International activity of modern states has the multi-layered nature comprising regions and municipalities (local communities). Switzerland is a federal state where cantons have broad powers. Cantons’ international activity is a matter of academic interest. Firstly, they develop cooperation with the constituent entities of the Russian Federation. Secondly, they have much experience in international activity. Thirdly, that issue hasn’t been sufficiently researched in Russia. The subject of the study is an analysis of legal regulation and the mechanism of public administration in the field of the Swiss cantons’ international links. The formal legal, comparative and functional methods are used. The source base includes Swiss legislation, cantons’ constitutions and their international treaties. Special attention is paid to the practical aspect of the cantons’ participation in the international relations, particularly with the subjects of the Russian Federation. The resources of the data are the Ministry of Foreign Affairs and the Ministry of Industry and Trade of the Russian Federation. The novelty of the analysis is the determination of forms of cantons’ international activity, as well as the analysis of the institutional mechanism of public administration in that area. The findings can be used to improve the practice of the public administration and the coordination of the international and foreign economic links of the constituent entities of the Russian Federation.
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Stepanov, Oleg, and Denis Pechegin. "Legal View on the Introduction of New Technologies." Russian Law Journal 6, no. 3 (August 30, 2018): 149–71. http://dx.doi.org/10.17589/2309-8678-2018-6-3-149-171.
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According to the Concept of Long-Term Social and Economic Development of the Russian Federation for the period up to 2020, in the next few years the imbalance in world trade, as well as capital flows, will continue to increase, which will lead to changes in foreign exchange rates. That is why the final goal is to promote priority national interests in the framework of bilateral and multilateral trade and economic relations with foreign countries. In pursuit of this goal, the following improvement of customs regulation, and export and currency control mechanisms in the Russian Federation will be aimed at reducing barriers to foreign economic activity of innovative enterprises. Achievement of the set goals today is subject to the influence of a constantly changing world and new technologies. New technologies are increasingly penetrating the life of modern society. Meanwhile, the speed of introduction of new technologies is such that point changes in current legislation will gradually nullify the effectiveness of legal regulation as a system. Therefore, the changes today should concern not only the monetary and financial sphere, but also take into account other areas. The article is devoted to the study of crucial problems of implementing modern technologies from the legal point of view. Thus, at the international level, uncertainty still remains over issues of currency and legal responsibility, which is largely due to various legal regulations. Starting in 2018, the new rules for calculating the liquidity of banks and the ratio of borrowed funds to assets will come into full force in the European Union. Several large banks in France, dissatisfied with the policy of the European Central Bank (ECB), even appealed to the European Court of Justice for a change in the rules. According to FxPro analysts’ reports, economic growth in Europe has accelerated slightly, and the ECB is on the verge of abandoning its ultra-easy monetary policy in the direction of neutral and is preparing for further tightening. One of the subjects of the research is the system of monetary relations from the point of view of analyzing the problems of ensuring its stability, including criminal and legal means. The purpose of this analysis is to illustrate how to protect the domestic foreign exchange market and the challenges facing the monetary system today. The article has been prepared on the basis of legal and technical analysis of legal norms, as well as comparative legal and formal logical methods and system analysis methodology. In the authors’ view, this could contribute to a uniform approach to the problem, without which it would be extremely difficult to achieve success. It is concluded that in view of new challenges facing the global economy and the emergence of cryptocurrency, it is necessary to rethink the phenomenon of currency crimes, to study the experience of combating monetary crimes in other countries and to evaluate the common mechanisms for combating currency crimes. However, this approach cannot be considered legitimate insofar as different interpretation of the same term in different branches of legislation does not allow full realization of the constitutional rights and freedoms of citizens. After all, branches of legislation do not exist in isolation from one another, but are interrelated. It is concluded that the person conducting proceedings in a case can and is obliged, based on an analysis of the circumstances under consideration, to proceed from a comprehensive assessment of the category used in making the decision as applied to its understanding in aggregate in various branches of legislation. It is also necessary to create a universal state database for judges, prosecutors, investigators, etc., which would allow free cross-sectoral information exchange on the same subject. The new digital economy also requires retraining of civil servants and state employees, including the judiciary branch of government. At the same time, the article deals with the transformation of the legal profession in the future. It is concluded that classical legal education will not sink into oblivion. However, the lawyers of the future will play a slightly different role, namely, they will act as machinists, builders, operators and inventors of a useful model of legal relations for robot judges.
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Jiang, Siyuan, and Lan Luo. "Trade activities and investments in the framework of the Shanghai Cooperation Organization: Ways and means of protecting the rights and legitimate interests of enterprises." Vestnik of Saint Petersburg University. Law 12, no. 4 (2021): 1137–53. http://dx.doi.org/10.21638/spbu14.2021.421.
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The COVID-19 pandemic has had a significant impact on the global system. It has especially increased uncertainty in overseas investment and foreign trade activity of enterprises. The pandemic continues to cause economic, political and legal risks (especially compliance risk and default risk) faced by enterprises entering foreign markets and carrying out investment activities. Therefore, enterprises need to enhance their legal awareness, strengthen compliance management of overseas investment by enterprises and create a risk management system, and carry out investment activities on the premise that they comply with international rules, the legal norms of the host country and the relevant domestic laws and regulations. On this basis, governments should strengthen the rule of law concerning foreign affairs, improve related government regulations for overseas investments. According to the “Outline of the 14th Five-Year Plan (2021–2025) for National Economic and Social Development and Vision 2035 of the People’s Republic of China”, China will improve its legislation on overseas investment, support enterprises to integrate into the global industrial and supply chain, improve the transnational operational capacity and level, and guide enterprises to strengthen compliance management so they can prevent and resolve overseas political, economic, and security risks. The Government of the People’s Republic of China enhances friendly cooperation in the legal field and establishes working mechanisms for consultation and coordination with other countries. Much attention is paid to conducting research in the field of strengthening risk assessment methods and risk management for enterprises engaging in outward investment.
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Dobrynina, Larisa Yur'evna, and Anna Viktorovna Gubareva. "Legal substantiation of retaliatory measures of the Russian Federation to economic sanctions of the United States, European Union, and their allies." Национальная безопасность / nota bene, no. 1 (January 2020): 24–37. http://dx.doi.org/10.7256/2454-0668.2020.1.30252.
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The authors examine the economic sanctions introduced nu the U.S., EU and their allies against the Russian Federation, as well as the legal mechanism of retaliatory measures taken by Russia on the nationwide scale. The changes in the international legal regulation derailed the vector of global development, which was bringing real freedom of economic activity. Establishment of the sanction regime by the aforementioned parties signifies a struggle for own influence, weakening of the positive trade and economic ties, as well as an attempt to institute a regime of protectionism within the international trade turnover exclusively for their own benefit. Based on the analysis of the normative-legal documents, an assessment is made on the legal legitimacy of the introduced discriminatory measures of the allies from the perspective of the norms of international law. This article presents the analysis of the positions of federal laws and other legislative bills of the Russian Federation, establishing gradual constraining countermeasures for foreign subjects in various spheres of activity. The authors substantiate the fact that introduction of retaliatory economic sanctions by the Russian Federation with regards to the United States, European Union, and their allies is directly related to the implementation of the principle of reciprocity, currently existing within private international law. It is noted that all these actions on protection from illegitimate sanctions are realized by Russia practically without participation of UN, WTO and other reputable international organizations in regulation of the “sanctions” issue. The extraterritorial measures introduced by the United States and the European Union justifies the movement of Russian into a new stage of evolution of legal regulation of the foreign economic activity, and in foreign trade – establishment of new markets in Asia, Africa and Latin America.
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Alekseyev, Maxim, Boris Ostroukhov, and Vladislav Dorozhkin. "Compliance Pitfalls in Communications with the Russian Customs: Overview of Anti-corruption Regulations and Enforcement Trends." Global Trade and Customs Journal 16, Issue 9 (September 1, 2021): 402–6. http://dx.doi.org/10.54648/gtcj2021045.
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Interactions with Russian customs authorities may be associated with corruption-related risks that need to be observed and managed from the outset should a company consider engaging in the import operations through the Russian border. This article focuses on reviewing the Russian legal framework, statistics and the enforcement practice concerning the most widespread corruption offenses related to the interactions with the customs officials, as well as the recent developments in anti-corruption customs legislation. It covers the legal foundation of the anti-corruption regime in Russia and analyses its basic institutions for the best understanding of the applicable legal mechanisms. The article also contains recommendations for international companies, regardless of their legal presence in Russia, how to manage their relations with Russian partners and local subsidiaries to minimize the risks of unnecessary attention from the Russian customs authorities, as well as Russian and foreign enforcement authorities specializing on the corruption-related matters. These recommendations include, among others, the adoption and control of compliance policies by nonlocal supervisors and maintaining relations with the Russian customs authorities by joining the Charter of the Bona Fide Participants of the Foreign Trade. Offense, Prosecution, Compliance, Corruption, Anti-Corruption, Bribery, Officials, Prohibition, Review of Legislation, Customs, Criminal Liability, Administrative Liability, Federal Customs Service of the Russian Federation, Russia
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Agustin, Erni, and Faizal Kurniawan. "CONSUMER PROTECTION IN ELECTRONIC CONTRACTS: THE CASE OF INDONESIA." Journal of Nusantara Studies (JONUS) 2, no. 1 (June 30, 2017): 159. http://dx.doi.org/10.24200/jonus.vol2iss1pp159-169.
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This paper aims to provide insights into the consumer protection in e-commerce in Indonesian context. In 2015, ASEAN Economic Community (AEC) which includes Indonesia as a member, was established for a regional economic integration by reducing the transactions costs of trade, improving trade and business facilities, as well as enhancing the competitiveness of Small and Medium-Sized Enterprises sector. AEC is expected to promote electronic transactions. Even though Indonesia has the Law Number 8 Year 1999 on Consumer Protection, this law does not regulate specifically on electronic transactions. In response to this limitation, Indonesia has issued the Law Number 11 Year 2008 on Information and Electronic Transactions and Government Regulation Number 82 Year 2012 on the Implementation of Systems and Electronic Transactions. This is followed by enactment of Law Number 7 Years 2014 on Trade, which regulates general domestic trade, foreign trade, border trade and commerce through the electronic system. The law aims to stem the flood of products imported into Indonesia so that the use of domestic products can be increased. This paper concludes that legislations which regulate consumer protection in electronic transactions are still inadequate thus Indonesia is not fully ready to deal with the consumer protection in e-commerce. Keywords: Electronic contracts, consumer protection, Indonesia, ASEAN Economic Community.Cite as: Agustin, E. & Kurniawan, F. (2017). Consumer protection in electronic contracts: The case of Indonesia. Journal of Nusantara Studies, 2(1), 159-169.
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Dukić-Mijatović, Marijana, and Predrag Mirković. "Digital economy and information society scope and approach of legal regulation." Ekonomija: teorija i praksa 15, no. 2 (2022): 53–70. http://dx.doi.org/10.5937/etp2202053d.
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The dynamic development of the global economy and trade is additionally connected with the exponential development of digital technologies. The progressive development of information technologies, as a segment of the information society, has influenced the changes in the traditional ways of performing economic activities. Global trends in the digital economy, which has equal importance in the domestic and foreign economic markets, require that countries adapt their legislation to the needs of the new way of functioning of the economy and economic relations in general. When it comes to digital economy, it is viewed on a par with the information society. The necessity of the existence and development of the digital economy is cohesively connected with the state of the information society in one economic space. In this domain, the digital economy relies on the degree of development of the information society of a market, since its progressive development is previously determined by the degree of development of the information society itself. Today, this parallel has been scientifically and professionally verified, and the development of the digital economy of a society is interdependent with the development of the information society. Given that this is a socio-economic phenomenon, the level of development of the information society, and consequently the digital economy, is in one segment pre-determined by the legislative framework governing the area. The subject of the research is the analysis of relevant issues in the context of the connection between the digital economy and the information society on the one hand and the legislative framework that regulates particular issues of interest in this area. The aim of the research is to define the application of the approach to the legal regulation of relevant issues in the field of digital economy from the aspect of the internal law of the Republic of Serbia.
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Goncharov, Alexander, and Marina Goncharova. "Digital Tokens in the Tools of Modern Foreign Trade Activities by Economic Entities of the BRICS Jurisdictions." Legal Concept, no. 3 (October 2019): 31–42. http://dx.doi.org/10.15688/lc.jvolsu.2019.3.5.
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Introduction: computer algorithmization of production, transport, communication and other processes, which is actively distributed across the countries of all the continents, has received a special name – digitalization of the economy. The speed and independence from distance, in particular, the interworking algorithms for attracting investments are perceived by entrepreneurs with great hope for success. According to the authors of the paper, by 2022 the financial digital technologies can replace up to 28 % of traditional banking and payment transactions, up to 22 % of insurance and foreign trade financing transactions. In the short term, the relevance of introducing the legal regulation of digital investment tokens will be duly evaluated, so long-term foreign trade projects for long-term supply of goods, in particular, by the economic entities of the BRICS jurisdictions, will receive increasing financial support. In the scientific paper, the authors studied the activities of the Russian legislators on forming the legal regulation of the digital economy for the purpose of identifying their mistakes and shortcomings, as well as substantiating recommendations for the consolidation in the legislation of the viable legal structures which can be used by the economic entities of the BRICS jurisdictions in long-term foreign trade transactions that require large financial resources for a period of 1 year or more. Relying entirely on the materialistic worldview and the general method of historical materialism the authors used the general scientific and specific scientific (comparative law, normative-dogmatic, statistical, hermeneutic) methods for the study. As a result, the authors proved that the development of ICO investments would continue rapidly. The growing popularity of ICO will promote the technical “base” of the token market and strengthen the crypto protection of smart contracts and transactions within their performance. Tokens, as digital crypto records on the Internet resources, used by the participants of foreign trade transactions of the BRICS jurisdictions – the organizers of investments, by 2022 will become the usual investment instruments, such as bonds or shares. The conclusions and recommendations on the correction of the Russian bills are formulated; the proposals for improving the infrastructure of remote investments in the Internet space of modern Russia are given. On the basis of a critical analysis of the scientific works of the economists and lawyers, the authors formulate the definitions of the studied tools of remote digital interaction of investors and organizers of investment of long-term foreign trade transactions, which can be carried out including the economic entities of the BRICS jurisdictions.
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Ryl’skaya, M. A., A. Yu Kozhankov, and O. G. Bobrova. "CUSTOMS PAYMENTS: TRENDS IN THE DEVELOPMENT OF CUSTOMS ADMINISTRATION IN RUSSIA IN THE FRAMEWORK OF THE EURASIAN CUSTOMS UNION (EACU)." Finance: Theory and Practice 22, no. 4 (October 3, 2018): 88–103. http://dx.doi.org/10.26794/2587-5671-2018-22-4-88-103.
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The authors put forward and consistently proved the hypothesis that changes in the structure of international trade (the development of electronic commerce, the active implementation of electronic cross-border payments), its legal regulation (the WTO Agreement on Trade Facilitation and the Framework Agreement on Paperless Cross-Border Trade, the entry into force of the Customs Code of the Eurasian Customs union) determine the need for changes in the paradigm of control and supervision activities in the sphere of charging, paying and collecting customs payments. We concluded that the tools introduced by the Federal Customs Service and the Federal Tax Service (electronic tracking of goods, electronic information exchange between tax and customs authorities, integrated information resource on international trade operators) are effective. The authors also present the results of the analysis of the economic effect of changes in the legal regulation of the accrual, payment, collection of customs payments, expressed in the growth of additional accrued and additional collected payments. Based on the analysis of the system of customs and tariff regulation, of the dynamics of the rates of the unified Customs Tariff of the EEu, and of the law enforcement practices, the authors formulated areas of risk that include the lack of uniform application of customs legislation and the strong influence of WTO law. The research carried out by the authors made it possible to forecast directions for improving the legal regulation and administration of the charging, paying and collecting customs payments. It includes: improving the unified mechanism of customs and tax administration, as well as foreign currency control based on the creation and application of integrated information technologies; implementation of international standards developed under the World Customs Organization; the existence of prerequisites for the possibility of payment of import customs duties and taxes after the release of goods for conscientious operators; redistribution of functions of customs and tax authorities (leaving control over the payment of import customs duty in the competence of customs authorities, with the possible transfer of control over the payment of indirect taxes (VAT and excise) payable in respect of imported goods).
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Aksenov, Ilia A. "PROBLEMS OF ORGANIZATION OF FOREIGN TRADE TURNOVER OF MEDICINES IN THE RUSSIAN FEDERATION." Siberian Journal of Life Sciences and Agriculture 13, no. 5 (October 29, 2021): 146–66. http://dx.doi.org/10.12731/2658-6649-2021-13-5-146-166.
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Background. The quality of medicines plays an important role for the national security of any state. The pharmaceutical industry in the Russian Federation is steadily developing. Imported medicines occupy a significant share of the domestic pharmacological market.
Purpose. It consists in identifying problems and developing recommendations in the field of organizing foreign trade circulation of medicines in the Russian Federation.
Materials and methods. The normative legal basis of the study is the Customs Code of the Eurasian Economic Union, Federal Law dated 03.08.2018 No. 289-FZ (as amended on 24.02.2021) “On customs regulation in the Russian Federation and on amendments to certain legislative acts of the Russian Federation”, Federal Law dated 12.04.2010 No. 61-FZ (as amended on 01.01.2021) “On the Circulation of Medicines”, etc.
Results. The market for medicines in the Russian Federation is characterized by a high degree of import dependence. In recent years, the Russian Federation has been pursuing an active policy of import substitution, which contributes to a gradual decrease in the share of imported medicines. At the same time, the share of drug imports in the country remains quite high. This requires the regulatory authorities to take effective action to combat illicit pharmaceuticals trafficking.
Conclusion. Analysis of the pharmaceutical market in the Russian Federation made it possible to note a high share of imported pharmaceuticals in the Russian Federation – over 60%.
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Goncharov, A. I., and A. O. Inshakova. "Development of digital technologies for customs regulation of foreign economic activity in the EAEU." Journal of Law and Administration 17, no. 2 (July 16, 2021): 23–32. http://dx.doi.org/10.24833/2073-8420-2021-2-59-23-32.
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Introduction. The article describes the development of digital technologies for customs regulation of foreign economic activity in the EAEU space. Despite the existence of a single economic space, each state that is a member of the EAEU has the right to introduce its own rules for the movement of goods and persons across the customs borders, as well as rules for the inspection of such goods in customs control zones. In practice it is a situation in which customs carriers must take into account both their domestic legislation and the general rules in the field of customs transport in the EAEU and the relevant licensing requirements. Because of this, different approaches come operational in the organization of the activities of customs carriers, customs representatives, authorized economic operators, owners of temporary storage warehouses and customs warehouses. The lack of uniformity in this area does not allow us to develop a single mechanism for the movement of goods and persons across the customs borders, which generates contradictions between the customs authorities of the partner countries. The identified problems require mandatory resolution, since they reduce the growth rate of foreign economic activity in the EAEU space.Materials and methods. The authors investigated a complex of normative and scientific sources. In terms of the legal aspects of the development of digital technologies of customs regulation of foreign economic activity, the Treaty on the Eurasian Economic Union, the Customs Code of the Eurasian Economic Union, the Federal Law "On Information, Information Technologies and Information Protection", the Decision of the Board of the Eurasian Economic Commission of 10.12.2013 No. 289 (ed. of 21.05.2019) were studied. From the doctrinal developments, the works of representatives of jurisprudence and scientistseconomists were considered, including the authors: Alyokhina O.V., Afonin P.N., Borisov K.G., Ignatieva G.V., Inshakova A.O., Kormych, Borys, Kovalev S.I., Matytsin D.E., Ostroumov N.V., Pavlova Ya.V., Plotnikov A.V., Rusakova E.P., Smirnova I.A., Tarasova N.L. Frolova E.E., Khrunova A.L. On logic Empirical materials were also used for the discussion of the topic.Results. The article proves that in modern foreign economic activity digital technologies are used more and more intensively in the process of moving goods across customs borders. The digitization of customs control and customs expertise procedures is in great demand. These modes are now deeply computerized and integrated into the risk management system for the movement of goods. It is suggested that customs carriers should be involved in providing more complete and up-to-date information about the goods being transported, and they should be included in the risk management system based on the experience of the EU countries.Discussion and Conclusion. The article critically examines the approaches to the application of the risk management system in Europe and the EAEU. This allowed us to identify the shortcomings that need to be addressed. Firstly, there is no relevant and reliable information on the accounting of customs relations subjects and foreign trade participants in the EAEU space; secondly, there is no regulated control procedure, in particular, the procedure for verifying compliance with customs legislation by foreign trade participants; third, there is no regulated regime for effective interaction of customs authorities with other agencies, economic operators, and each other; fourth, there is no procedure for applying the risk management system at the post-control stage.
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Siti Hafsyah Idris, IGN Supartha Djelantik, and I. Nyoman Putu Budiartha. "THE RIGHT ON LAND FOR FOREIGNER AND FOREIGN LEGAL ENTITY TOURISM INVESTASION PERSPECTIVE, PARTICIPATION AND NOMINEE PRACTICE PREVENTION." Journal Equity of Law and Governance 1, no. 1 (April 23, 2021): 1–9. http://dx.doi.org/10.55637/elg.1.1.3237.1-9.
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Bali is one of the national cultural heritages, which is endlessly praised in various essays and research results, then becomes a reference and promotion as an exotic island that inspires the rise of world tourism. Tourism encourages investment in hospitality, restaurants, transportation, trade, property, the creative economy sector and others. Investment, changing the function of agriculture into hospitality and transforming the work of farmers into services. Major changes in the mind-set of rural farmers to urban services. The purpose of this study is to find out the concept of norms and substance of the basic Agrarian Law and the laws and regulations in land ownership/ Provision of Residential for foreigners/Foreign Legal Entity. This research applies a socio-legal approach. This change is not accompanied by a significant expansion of public participation, because tourism is concentrated in capital due to legal limitations that favoring on investors..The results of the study are expected to encourage the weight of the substance of the Foreigners Residential Provision legislation, containing the substance of the Foreigners Residential Provision regulatory norms carrying the message of community participation as social engeeneer and community expectations (das sollen), global.
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Znamenskiy, Georgiy. "Research methodical bases of efficiency of the innovative legislation." Law and innovations, no. 4 (32) (December 24, 2020): 32–37. http://dx.doi.org/10.37772/2518-1718-2020-4(32)-5.
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Problem setting. Recently in our country the tendency to introduction of innovative activity in domestic economy has become widespread. This focus is provided by many means. Among them, not the least role belongs to the reliability and effectiveness of legislation. Therefore, both the state strategy and the relevant branch of legislation have already begun to be drafted in order to standardize and speed up the whole process. Analysis of resent researches and publications. This article is a partial continuation of the series of works on the place of business law in the strategy of ensuring innovation in Ukraine and areas for improving innovation legislation. In general, the question of the effectiveness of innovation legislation in Ukraine has been raised by various scientists, for example, Yu. E. Atamanova, O. M. Vinnyk, S. V. Glibko, D. V. Zadykhailo, V. S. Shcherbyna and others. However, methodological principles were given more importance in broad areas, such as N. S. Kuznetsova in civil law, and in the context chosen in the article, little attention was paid. Target of research. The aim of the article is to study the methodological principles of the effectiveness of innovation legislation. Article’s main body. Legislative efficiency methods need to be given the same weight as existing methods for determining the economic efficiency of capital investments, new equipment and automated management systems. In this case, it is necessary to constantly keep in mind both past experience and care for the acquisition of new knowledge. The analysis of the actual effectiveness of the legislation can be carried out in three directions. First, the object of study may be the effectiveness of the internal structure of the system of economic legislation. Obviously, this efficiency can reflect the degree of compliance of the existing structure with the goals of the whole system. Secondly, there is a need to study the effectiveness of the legal system. It is solved by establishing the degree of achievement of the goals of the legal system during its implementation in real conditions. Third, it is necessary to determine the effectiveness of sets of rules of a particular system of legislation (its subsystems or individual rules (elements of the system). This implies that in general the system may have inefficient subsystems and elements, and vice versa – efficient subsystems and elements may be part of an inefficient system. Conclusions and prospects for the development. In the context of studying the problems of the effectiveness of legislation, various new opportunities can be used, which appear in foreign countries and already bring some benefits there. A good example is the Better Regulation Delivery Office (BRDO), an independent non-governmental think tank established at the initiative of the Department of Economic Development and Trade and Western partners: the World Bank and the Government of Canada. The main thing is that BRDO is working to simplify the business environment and effective government regulation. In the near future we can expect a successful solution to the problems of efficiency of innovation and through the introduction of digital technologies.
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Znamenskiy, Georgiy. "Research methodical bases of efficiency of the innovative legislation." Law and innovations, no. 4 (32) (December 24, 2020): 32–37. http://dx.doi.org/10.37772/2518-1718-2020-4(32)-5.
Full textAbstract:
Problem setting. Recently in our country the tendency to introduction of innovative activity in domestic economy has become widespread. This focus is provided by many means. Among them, not the least role belongs to the reliability and effectiveness of legislation. Therefore, both the state strategy and the relevant branch of legislation have already begun to be drafted in order to standardize and speed up the whole process. Analysis of resent researches and publications. This article is a partial continuation of the series of works on the place of business law in the strategy of ensuring innovation in Ukraine and areas for improving innovation legislation. In general, the question of the effectiveness of innovation legislation in Ukraine has been raised by various scientists, for example, Yu. E. Atamanova, O. M. Vinnyk, S. V. Glibko, D. V. Zadykhailo, V. S. Shcherbyna and others. However, methodological principles were given more importance in broad areas, such as N. S. Kuznetsova in civil law, and in the context chosen in the article, little attention was paid. Target of research. The aim of the article is to study the methodological principles of the effectiveness of innovation legislation. Article’s main body. Legislative efficiency methods need to be given the same weight as existing methods for determining the economic efficiency of capital investments, new equipment and automated management systems. In this case, it is necessary to constantly keep in mind both past experience and care for the acquisition of new knowledge. The analysis of the actual effectiveness of the legislation can be carried out in three directions. First, the object of study may be the effectiveness of the internal structure of the system of economic legislation. Obviously, this efficiency can reflect the degree of compliance of the existing structure with the goals of the whole system. Secondly, there is a need to study the effectiveness of the legal system. It is solved by establishing the degree of achievement of the goals of the legal system during its implementation in real conditions. Third, it is necessary to determine the effectiveness of sets of rules of a particular system of legislation (its subsystems or individual rules (elements of the system). This implies that in general the system may have inefficient subsystems and elements, and vice versa – efficient subsystems and elements may be part of an inefficient system. Conclusions and prospects for the development. In the context of studying the problems of the effectiveness of legislation, various new opportunities can be used, which appear in foreign countries and already bring some benefits there. A good example is the Better Regulation Delivery Office (BRDO), an independent non-governmental think tank established at the initiative of the Department of Economic Development and Trade and Western partners: the World Bank and the Government of Canada. The main thing is that BRDO is working to simplify the business environment and effective government regulation. In the near future we can expect a successful solution to the problems of efficiency of innovation and through the introduction of digital technologies.
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Ireland, Robert. "The WCO SAFE Framework of Standards: Avoiding Excess in Global Supply Chain Security Policy." Global Trade and Customs Journal 4, Issue 11/12 (November 1, 2009): 341–52. http://dx.doi.org/10.54648/gtcj2009044.
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Prior to the terrorist attacks of 11 September 2001, customs controls related to national security threats did not feature highly on the policy priorities of the World Customs Organization’s (WCO). After 9/11 and implementation of several US Customs programs such as the Container Security Initiative (CSI) and the Customs-Trade Partnership Against Terrorism (C-TPAT), and regulations such as the 24-Hour Rule, the WCO began to focus much more of its work on supply chain security. This transition culminated in 2005 with the adoption of the WCO SAFE Framework of Standards to Secure and Facilitate Global Trade (SAFE Framework), a non-binding instrument comprised of technical customs standards aimed at securing without impeding international trade. This article will discuss the intricacies of the SAFE Framework including its history, political context, and technical elements (especially risk management and the Authorized Economic Operator (AEO) concept) and antecedents. This article will also consider the 2007 US legislation mandating 100% scanning of US-bound cargo containers at foreign ports that clouds and constrains the SAFE Framework’s future. The article concludes that policymakers should seek to avoid excess in formulating supply chain security policies.
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Kong, Qingjiang, Weihuan Zhou, and Huiqin Jiang. "Technology Transfer Under China’s Foreign Investment Regime: Does the WTO Provide a Solution?" Journal of World Trade 54, Issue 3 (June 1, 2020): 455–80. http://dx.doi.org/10.54648/trad2020021.
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One of the most longstanding and significant issues in the US-China trade war and international trade regulation in general has been the so-called ‘forced’ technology transfer. To contribute to the ongoing debate over this issue, this article reviews the role of technology transfer in the evolution of China’s foreign direct investment (‘FDI’) regime over the past four decades and shows that the use of foreign investment to promote diffusion of advanced technology and knowhow in the Chinese economy has long been rooted in the heart of China’s FDI policy and remains fundamental for China’s transformation to an innovative economy. This pursuit of economic upgrade and technological advancement is not illegitimate as it is common for countries to use similar policies for similar objectives at different stages of economic development. The question is whether China has done so in breach of its WTO obligations. To answer this question, this article examines China’s new FDI regime and argues that while China has removed the controversial provisions in the relevant legislations, the regime leaves flexibility for China to ‘force’ technology transfer in practice, particularly under the security review and retaliation mechanisms envisaged in the new Foreign Investment Law (FIL). It is submitted that the best way to address these outstanding challenges would be through the dispute settlement mechanism (DSM) of the WTO as opposed to unilateral and confrontational approaches which have proven to be counter-productive. While WTO litigation is likely to be limited to ‘as applied’ claims in specific cases, systemic changes may result from a series of successful ‘piecemeal’ attacks over time. Given China’s broad WTO commitments on technology transfer, we call for an increasing use of the existing rules to address any laws and practices that ‘force’ technology transfer instead of negotiating new rules. Technology Transfer, China, Foreign Investment Law, National Security, WTO, Accession Protocol, US-China Trade War
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Younas, Ammar, Aminjon Kalandarov, and Mukhammad Ali Turdialiyev. "Legal progress of e-commerce legislation in Central Asia during the COVID-19 period." Общество и инновации 2, no. 6 (January 19, 2022): 170–76. http://dx.doi.org/10.47689/2181-1415-vol2-iss6-pp170-176.
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At the peak of the 4th Industrial Revolution, the legal systems of different countries are trying to adapt the national legal and law enforcement systems of their states to new business areas and technological innovations. One of these areas is Internet business. This type of commerce was practically not regulated in legal and legal terms. The Central Asian countries are systematically trying to update their legal systems, including laws related to e-commerce. The pandemic has accelerated the adoption of laws regulating e-commerce. Since it is impossible to predict when the pandemic will end, there are opinions that we need to learn to live with it. The economic consequences are directly reflected in the banking and financial, manufacturing, services and foreign trade activities of the economies of the Central Asian countries. This article is an overview of the current progress in the field of e-commerce in Central Asia. Since several legal acts were adopted during the period of COVID-19, a generalized overview of the laws on electronic commerce in the era before COVID-19 is analyzed.
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Chubenko, Vira. "The role of ECA in the issue of stimulating Ukrainian high-tech exports during war." Law and innovations, no. 1 (37) (April 1, 2022): 38–43. http://dx.doi.org/10.37772/2518-1718-2022-1(37)-5.
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The article is devoted to the study of the problem of stimulating the production and export of high-tech products, in particular, during martial law, and the role of the Export Credit Agency (hereinafter – ECA) in this matter. As of today, the role of the state in providing favorable conditions for the promotion of hightech products in foreign markets is growing significantly. At the same time, the role of the state is not so much in direct assistance to business entities (which is quite difficult given the financial situation of the state during the war), but in the use of other effective tools and institutions designed to stimulate production and export of high-tech products. At present, the Export Credit Agency of Ukraine is considered to be such an effective institution. In connection with the above, in order to learn from the positive experience, the article analyzes the formation of this institution in other countries and its positive impact on foreign trade of such states. According to the results of the analysis, the advantages of creating and properly organizing the activities of these Export Credit Agencies for the economy of a particular country as a whole and for individual businesses. Some aspects of modern legal regulation of the Export Credit Agency in Ukraine have been studied. In addition, the changes to the current legislation in the legal regulation of ESA activities, which were adopted during the martial law in Ukraine, are highlighted and analyzed, their impact on the real stimulation of exports of Ukrainian products is predicted. Given the special importance of Ukrainian exports during the war, as well as the need to increase the supply of high value-added products, proposals were made to improve the activities of the Export Credit Agency of Ukraine in terms of ensuring and stimulating exports of high-tech products.
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Ziyi, Xu. "International Law Protection of Cross-Border Transmission of Personal Information Based on Cloud Computing and Big Data." Mobile Information Systems 2022 (August 18, 2022): 1–9. http://dx.doi.org/10.1155/2022/9672693.
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Cross-border data flow brings new growth and opportunities for the development of digital economy, but disordered cross-border data flow may damage national security, public interests, enterprise interests, and data sovereignty. At present, the unified rules for global regulation of cross-border data flow have not yet been formed. The existing rules are mainly led by developed countries like Europe and the United States. There is huge room for improvement in the international legal protection of cross-border transmission of personal information. This paper introduces the privacy protection mechanism of personal information data under the digital trade environment in China, that is, the privacy protection framework under the background of big data, cloud computing, and the cloud service selection method of data life cycle privacy protection. At the same time, we combined with many problems existing in the cross-border transmission of personal privacy information in China and compared with foreign advanced experience, and this paper puts forward China’s response path to clarify the obligations of data controllers and exporters, improve the responsibilities of regulators, improve the legislation of cross-border data flow, and improve the operability of the law; we vigorously carry out international cooperation and actively participate in the formulation of international rules, so as to further protect the rights and interests of personal privacy information protection.
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Utkina, M. S., and I. V. Savytska. "INTELLECTUAL PROPERTY RIGHTS ON TRADE DRESS: FEATURES AND GENERAL CHARACTERISTICS." Legal horizons, no. 19 (2019): 49–53. http://dx.doi.org/10.21272/legalhorizons.2019.i19.p49.
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The article is devoted to a topical issue that is being discussed by foreign and domestic scientists and business entities – trade dress. This issue has been sharply raised by the owners, in particular the developers of the individual design of their product and its packaging or services. Recently, exactly trade dress is very difficult to protect, especially when competitors or other individuals, who want to profit from someone else’s intellectual property, use it for their own purposes. This affects the reputation of the manufacturer, leading to a decrease in the number of goods sold, which has been “unique” for consumers and now is just simply one of many others that has the same design, color combination, or product form. The article defines the concept of trade dress, describes its main features and functions that it performs, being an important element of the brand. In addition, there was analyzed the case law in Ukraine concerning the protection of the plaintiff’s intellectual property right to corporate identity. The legislative status of such a concept in the US and its regulation have also been investigated. Having analyzed the main characteristics of the trade dress, its specific features were identified, defining it as an independent key element of the brand that cannot be equaled. The main feature can be called the uniqueness and originality of style, which aims to individualize the goods or services of a particular entity. Another feature is the new commercial style that distinguishes a product or service from others, making it more visible to the consumer. The core features of corporate identity can essentially be deduced from the very content of the concept, which focuses on identifying, advertising, and demonstrating the ability to trust the manufacturer by consumers who have already purchased a product or service. The Law of Ukraine “On Protection against Unfair Competition” was also investigated, which in fact lays the foundations for protecting the trade dress of a product or service in Ukraine. Therefore, it can be considered that in this area Ukraine has great potential that will lead to full legal regulation of the notion of “trade dress” and possibly define a complete procedure for its protection. Keywords: trade dress; uniqueness; goods; trademark; regulation; design; entity.
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Danilova, Iryna. "Regarding certain historical and legal preconditions for the formation and development of transport law." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 269–73. http://dx.doi.org/10.36695/2219-5521.2.2020.50.
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The article examines some historical and legal prerequisites for the formation and development of transport law as a complexbranch of law. It is emphasized that the regulation of transport activities in the ancient and medieval world was carried out mainlythrough trade and maritime customs, and points to the application of legal customs in transport law today.Transport law is a complex branch of law, and depending on the prevailing legal relationship, it can be considered as part of civil,commercial or administrative law. There was no separate school of transport law in the former USSR and Ukraine. Today, research onthe problems of transport law and the development of proposals to overcome them are carried out by scientists belonging to the scientificschools of commercial, civil and administrative law. Within these schools, there are separate groups of scientists or research departmentsthat carry out research to improve transport legislation.In transport law, the regulation of shipping and maritime trade developed first of all. It was there that the first legal customsappeared. Among the legal customs used in transport law, port customs (customs of the port) stand out.In Russia, trade was conducted mainly by river and sea “from the Vikings to the Greeks”, which ran from the Scandinavian Peninsula,the Baltic Sea, the Dnieper and the Black Sea to Byzantium. Thanks to this trade route, the inhabitants of Kievan Rus built boatsand developed a transport system. In addition to sea and river routes, the territory of modern Ukraine was a land route from Asia toEurope, stretching from southeast to northwest of our country – the legendary “Aryan route”, which according to some historians thousandsof years ago from the Indian subcontinent to Western and Northern Europe came the Aryan tribe, which gave development to theEuropean peoples.
The possibility of applying port customs is provided by Art. 78 of the Code of Merchant Shipping of Ukraine. In addition to ports,the customs of merchant shipping are widely used. For example, in accordance with Art. 6 (concerning the permission to include in theagreements provided by the Code of Merchant Shipping of Ukraine, conditions on application of foreign legislation and customs ofmerchant shipping in case the parties may deviate from its rules in accordance with the current Code); art. 71 (in emergency cases, whenthe vessel has to be on the high seas for a long time and the body of the deceased cannot be saved, the captain of the vessel has the rightto give the body to the sea according to maritime customs, about which the corresponding act is made and the corresponding record ismade; Art. 146 (cargo is placed on the ship at the discretion of the captain, but can not be placed on deck without the written consentof the sender, except for cargo, the carriage of which on deck is allowed in accordance with applicable rules and customs); art. 293(concerning the possibility of determining the type of accident, calculating the size of the general accident and compiling the dispatchby the dispatcher in conditions of incompleteness of the law) of the Merchant Shipping Code of Ukraine of May 23, 1995.
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Tymchenko, L. M., and V. Shtunder. "Legal protection against unfair competition under the economic legislation of Ukraine." Uzhhorod National University Herald. Series: Law, no. 67 (January 16, 2022): 119–23. http://dx.doi.org/10.24144/2307-3322.2021.67.24.
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The article examines the legal nature of unfair competition, regulations governing competition, methods of protection of economic entities in commodity markets, as well as the application of sanctions for violations of Ukrainian legislation on economic competition. According to the Law of Ukraine "On Protection against Unfair Competition", unfair competition is any action in competition that contradicts the rules, trade and other fair practices in business. Unfair competition includes the misuse of an entity’s business reputation, the creation of barriers to the entity’s competition and the achievement of undue competitive advantages, the unlawful collection, disclosure and use of trade secrets. The main methods of unfair competition include economic espionage, counterfeiting of competitors, bribery and blackmail, misleading consumers, fraud with business reporting, currency fraud, concealment of defects and more. The article considers the concept of fair and unfair competition from the point of view of different scientists. There are different approaches to the concept of "unfair competition" in the scientific doctrine, for example, the scientist N. Saniakhmetov notes that "unfair competition is a violation of rules of conduct that have developed, are widely used in business and are recognized by entrepreneurs as mandatory business rules that harm relations of fair competition and freedom of entrepreneurial activity ". According to O. Bezukh, "unfair competition arises as a result of illegal use of other people's intellectual products for commercial purposes, business reputation, other achievements of enterprises, goods or activities of a competitor, misleading consumers about competitors and gaining illegal advantages in competition." The general definition of unfair competition is contained in the Paris Convention for the Protection of Industrial Property, so according to this document, unfair competition is any act of competition that is contrary to fair practice in industrial and commercial matters. The article analyzes the mechanisms of combating unfair competition, highlights the administrative and judicial methods of combating unfair competition. It turned out that the body that deals with the fight against unfair competition is the Antimonopoly Committee. The article analyzes judicial practice in recent years. The provisions of foreign legislation on combating unfair competition have also been studied.
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Rasyid, Tengku Harunur, and Yeni Kusumawaty. "Omnibus Law and the Challenges of the Indonesian Agricultural Sector: an Islamic Perspective." Jurnal Kajian Peradaban Islam 5, no. 1 (April 1, 2022): 49–61. http://dx.doi.org/10.47076/jkpis.v5i1.119.
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At the end of 2020, the Indonesian Parliament approved the Job Creation Law, commonly known as the "Omnibus Law", which introduces key amendments to several sectors, including the agriculture sector. Through this legislation, the Indonesian government plans to increase food trade and open up opportunities for the private sector to be more involved in increasing Indonesia's agricultural productivity. However, many observers consider that the Omnibus Law is unfavourable for farmers and the agricultural sector because it no longer requires the government to prioritize local agriculture products, and only imposes an obligation on the government to increase the productivity of local agriculture. Imports become one of the main sources of domestic food supply, apart from domestic production and national food reserves. The law will also remove the restriction for foreign investment in the horticulture sector and introduce a land bank to collect vacant land which will be redistributed by the government. Based on this background, this article aims to provide an overview of the impact of the Omnibus law on the current agricultural sector in Indonesia. A descriptive analysis method is used to compare the Omnibus law with the original laws relating to the agriculture sector. Finally, by taking on an Islamic perspective, it will discuss the substance of the Omnibus law, the essence of the Indonesian agriculture sector in relation to relevant regulations in terms of challenges and upcoming prospects, as well as policy implications as a conclusion.