The authors consider the main theoretical approaches and practical recommendations related to the perception and application of the principle of uniformity of judicial practice in the field of ...ecology as the basis of justice. The publication proposes a model of positioning judicial practice in its two forms of being: as an instrument and a source of law in their dialectical unity.
This review covers the judicial practice of Ukrainian courts of general jurisdiction related to the issue of force majeure. The question becomes especially relevant in the current war realities, in ...which not only the citizens of the country, but also business entities find themselves. Under the conditions of martial law, counterparties often resort to abuses, citing force majeure, and refuse to fully or partially fulfill their contractual obligations. This publication examines the main legal positions of courts of general jurisdiction on this topic.
This article is devoted to community service as an alternative to imprisonment and the legal problems of its use. It includes interesting and different views on the distribution of the benefit ...provided by the law of exemption from serving a sentence, which is based on a deep analysis of practice and research of scientific works. This small journalistic work is an attempt to make a modern scientific analysis of the introduction/establishment of a punishment that was previously foreign to our country, to what extent the mentioned legal innovation was justified, and what can be done for its further refinement/perfection, in addition, the specified concept focuses on the factors that allow for a correct complex approach from both the court and the decision-making body when deciding on the usage of the named legal mechanism. In addition, the present article aims to discuss the main problems with the given mechanism of release from serving a sentence, as well as to propose suggestions of a recommendatory nature for the regulation of legal relations, including, as mentioned, legislative initiatives in terms of improving/perfecting the current legislation. Additionally, a comparative legal analysis is made in the article, which makes the scientific research process of changing the punishment from punishment to work useful for society even more interesting and diverse. In particular, the existing system at the national level is compared with internationally known models, based on this comparison, a comparative analysis is made, which shows the similarities and differences between the models. The final part is devoted to the summary propositions that I have acquired due to the study and scientific processing of the raised issue. Historical, formal-logical, dogmatic, formal-legal, comparative-legal, descriptive, and systematic methods are used to re- search the problem in a separate chapter. Furthermore, the data of legal statistics are used through the study and generalization of the practice of local councils and the court. The opinions, proposals, and recommendations presented in the article will be interesting for theorists and practitioners interested in the given issue, as well as for legislative and administrative bodies, as well as for the court. In addition, the work will be interesting for non-lawyers, as it scientifically elaborates on community service as an alternative to imprisonment in modern Georgian law.
This study examines the influence of bankruptcy courts on the risk-taking behavior of listed firms in China between 2002 and 2019. The establishment of bankruptcy courts discourages listed firms from ...taking excessive risk. This effect is more pronounced in firms with financing constraints, high market valuations, and those operating in regions with a weaker rule of law. Overall, our findings indicate that establishing bankruptcy courts benefits creditors’ rights and restrains corporate risk-taking.
•The influence of bankruptcy courts on corporate risk-taking is examined.•The establishment of bankruptcy courts discourages firms from taking excessive risk.•The effect is more pronounced in firms with financial constraints.•The effect is also stronger in areas with weak rule of law.
The article is devoted to the monitoring of court decisions rendered by courts in the period from 2019 to 2021. in cases of administrative offenses, the subject of which is the bullying of ...participants in the educational process at the institutions of professional (vocational) education. It is determined that the subjects of professional (vocational) education include applicants for professional (vocational) education and teachers who are potential parties to bullying: the offender (buller), the victim (victim of bullying), observers.It is noted that bullying is a consequence of violation by subjects of professional (vocational) education of the rights of other subjects of professional (vocational) education and their responsibilities under general and specialized regulations.It is established that the objective side of most cases is the actions of applicants for professional (vocational) education, which led to psychological and physical violence.It is noted that in bringing juvenile applicants for professional (vocational) education to administrative responsibility on a general basis in most cases, the court imposed an administrative penalty in the form of community service.Emphasis is placed on the fact that the court obliges applicants for professional (vocational) education to pay the court fee, but, given the property status of the minor, the court may release the latter from paying the court fee.
