ijcs
Abstract : Features of Corporate Liability for Violation of Competition Law
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Abstract: The relevance of the study is determined by the need to establish corporate responsibility for breach of legislation. In this regard, this paper is aimed at identifying features of competition and corporate responsibility for breach of competition law. Particular attention is drawn to the case when corporations become monopolists and, in fact, dictate market rules. Consideration of the development aspect of competition law suggests that it largely limits the growth of corporate business and forces corporations to formulate strategies for splitting the business, thereby determining the conduct of business. In the modern world, where business is in many respects globalised, such measures can lead to a decrease in market indicators and form a dependence on the operations of certain corporations in the local market. The leading method to the study of this issue is the modelling method, which allows to consider this problem as a targeted and organised procedure related to the improvement and application of competition law, as well as the protection and development of competition. The novelty of the study lies in the possibility of limiting the activities of a corporation in a market that is occupied by it and where there is no practical competition. The authors consider the mechanism of self-regulation as a source of domestic competition law. The paper determines that self-regulation processes are also subject to state supervision and thus corporate self-regulation becomes an aspect of the regulation of competition enforcement by the state at large. The practical significance of the study is determined by the structural feature of the corporation as a quasi-state mechanism and the regulation of external relations between the state and corporations as tax residents on this basis. Keywords: Corporation, monopoly, regulation, state, legislation. |
Abstract : Crimes against Justice under the Legislation of the States of the European Union
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Abstract: The countries of the European Union (EU) are united, but above all, each country is autonomous. EU Member States have different legislation on criminal offences. The EU authorities have already suggested the possibility of creating a single system for regulating legal provisions on criminal offences. Studying and comparing the legal systems and responsibilities for crimes against justice in individual countries will facilitate the analysis of the differences in the legislation of the EU countries. The purpose of this paper is to investigate crimes against justice in accordance with the laws of each individual European country. The paper considers the composition of such crimes, as well as the responsibility to which offenders can be brought in case of such crimes. The study uses the methods of analysis and synthesis, analyses legal provisions. General methods of scientific cognition used in this study include dialectical, historical, the Aristotelian method, method of systematic data analysis, formal legal method, method of legal modelling and comparative legal method. The study investigates the legal framework of European countries, in particular criminal codes and laws. This study systematises and groups the received information and data on criminal liability of judges for unlawful decisions. The European practices in punishing those who do not comply with court rulings and judgments are also analysed. A study of the legal system in individual EU countries will help distinguish between positive and negative aspects in the legislation. In addition, this study allows to consider and analyse the most effective laws, provisions, and principles that can be implemented in the current legal system of different countries of the world. Keywords: Crime, justice system, European Union, legislation, Criminal Code. |
Abstract : Theoretical and Practical Aspects of Counteracting Unfair Competition and Violation of Antimononpoly Laws
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Abstract: Competition allows business entities to implement projects that can subsequently ensure the development of the socio-public system and the country as a whole. At the same time, an opportunity for personal development is also achieved for a business entity. At the same time, any activity aimed at increasing profitability and market share leads to the emergence of new market participants that can help destabilise the industry or bring innovations to it. This allows the implementation of scientific and technological progress due to the competition mechanism. The novelty of the study lies in the fact that unfair competition is understood only as an element of violation of economically sound norms for entrepreneurial activity. The authors consider the competition of bona fide type as an element of the formation of saturation of the commodity market. Moreover, the state is considered not only as a source of antimonopoly legislation, but also as a factor in the implementation of the principles of competition in the interests of society as a whole. The practical significance of the study is determined by the possibility of structuring the requirements for competition law on the basis of independent regulation and the additional use of judicial and restrictive measures to spread the practice of competition in any sector of the national economy. Keywords: Competition, integrity, use, structure, entrepreneurship. |
Abstract : Role of International Criminal Court in Reducing Human Rights Violations
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Abstract: Crimes against human rights and military conflicts within and between states are forcing the international community to take collective responsibility for peace and prevention of such incidents. An important factor in this direction is the accountability of those who commit crimes against humanity. Apart from representatives of the judicial system of each individual country, this role is assigned to the International Criminal Court (ICC). While its role in the investigation of military conflicts and crimes against human rights has been questioned by a series of setbacks, it is impossible to deny the ICC's impact on peace. To identify the role of the ICC in the establishment and protection of human rights, authors analyse closed and open criminal investigations throughout the history of the Court. Analysis of the criminal cases opened in 4 countries is provided, namely: Uganda, Kenya, Sudan, and Iraq. The obtained data demonstrate that investigations are more effective in countries that are members of the Rome Statute. With more power, the International Criminal Court can work more effectively with the governments of these states and hold those responsible for crimes against humanity to account. Thus, in Sudan, the pre-trial investigation in several cases has been going on for more than 10 years, the trial itself has not yet begun. In the Iraq-UK case, the ICC Attorney's Office also failed to obtain justice for the perpetrators of crimes against Iraqi citizens. The authors recommend addressing this factor and consider an in-depth study of the ICC statute. Changes in international criminal justice require flexibility from relevant organisations and their statutes. Keywords: Military conflicts, international law, crimes against humanity, security, judicial investigation. |
