• Title/Summary/Keyword: Legal Stability

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Independence and Transparency of the Central Bank of Kazakhstan

  • Nurbayev, Daniyar
    • The Journal of Asian Finance, Economics and Business
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    • v.2 no.4
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    • pp.31-38
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    • 2015
  • During the last two decades the idea that central bank independence and transparency helps to maintain price stability, became popular among economists and central bankers. Many countries' governments give their monetary authorities higher independence and transparency to achieve the price stability goal. However, emerging countries such as Kazakhstan, suffer from high inflation. This inflation occurs largely due to a low level of independence and transparency of central banks. This research project measures the current level of independence and transparency of central bank of Kazakhstan. Indices were used to measure central bank independence and transparency. Central bank independence was measured by two types of indices: based on central bank laws (legal independence) and based on central banks governor's turnover (TOR). Developing countries have a weak legal framework, implying that a legal independence index cannot be appropriate to use as a measures of actual independence. Therefore, by paying attention to the other two indices, we can say that the central bank of Kazakhstan has a low level of independence and transparency. This, in turn, can be one of the causes of high inflation in Kazakhstan.

DYNAMICS OF GUN VIOLENCE BY LEGAL AND ILLEGAL FIREARMS: A FRACTIONAL DERIVATIVE APPROACH

  • Chandrali, Baishya;P., Veeresha
    • Honam Mathematical Journal
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    • v.44 no.4
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    • pp.572-593
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    • 2022
  • Crime committed by civilians and criminals using legal and illegal firearms and conversion of legal firearms into illegal ones has become a common practice around the world. As a result, policies to control civilian gun ownership have been debated in several countries. The issue arose because the linkages between firearm-related mortality, weapon accessibility, and violent crime data can imply diverse options for addressing criminality. In this paper, we have projected a mathematical model in terms of the Caputo fractional derivative to address the issues viz. input of legal guns, crime committed by legal and illegal guns, and strict government policies to monitor the license of legal guns, strict action against violent crime. The boundedness, existence and uniqueness of solutions and the stability of points of equilibrium are examined. It is observed that violent crime increases with the increase of crime committed by illegal guns, crime committed by legal guns and, decreases with the increase of legal guns, the deterrent effect of civilian gun ownership, and action of law against crime. Further, legal guns increase with the increase of the limitation of trade of illegal guns and decrease with the increase of conversion of legal guns into illegal guns and increase of the growth rate of illegal guns. Again, as crime is committed by legal guns also, the policy of illegal gun control does not assure a crime-free society. Weak gun control can lead to a society with less crime. Theoretical aspects are numerically verified in the present work.

A Suitability Analysis on the legal standards of the Rural Housing Standard Plans (농촌주택 표준설계도의 관련 법적 기준에의 적합성 분석 연구)

  • Jeon, Young-Hoon;Shin, Doo-Sik
    • Journal of the Korean Institute of Rural Architecture
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    • v.15 no.4
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    • pp.1-8
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    • 2013
  • The Rural Housing Standard Plans for improving the quality of life and housing stability in rural areas has been developed 87 types from 1994 to 2012. However, some types of Plans do not satisfy the current legal standard in accordance with social and legal changes. Standard plans has the same effect as a building permit, and replace it, so legal suitability of Plans is an important. Therefore, it is required the suitability analysis on the legal standards of Rural Housing Standard Plans. The Purpose of this study is to derive improper types and items of the Rural Housing Standard Plans on the legal standards. In this study, we analyzed its suitability on the legal standards(law on fire-fighting system installation and safety management, energy saving design criteria for buildings, structural checklist for small buildings, the types of drawing for building permit) in accordance with "rules for the operation of standard plans". And we analyzed the utilization of the Rural Housing Standard Plans through downloads from welchon portal.

The credit market of Russia: the assessment of condition, the development of tendency

  • Vyborova, E.N.
    • East Asian Journal of Business Economics (EAJBE)
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    • v.5 no.2
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    • pp.12-37
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    • 2017
  • The analysis of results of the market of loans granted to legal entities, the physical persons are provided in the work. The assessment of condition of industry segments of the market of the credits of legal entities is carried. The results of assessment of the market of the credits of physical persons by types of the granted loans are provided. The correlation and regression analysis on the industry segments of crediting of legal entities is carried out. The dynamics of development of debt on the industry segments of crediting is determined. The results show that: Hypothesis 1. The amount of the issued credits to the legal entities steadily in-creases on all industries of economy. Communication between the industry segments of market very high. Hypothesis 2. Crediting of physical persons is characterized by relative stability. The structure of overdue debt repeats the structure of the issued credits to the physical persons.

The Effect of Legal Political Determination of Perpu Number 1 of 2020 on Financial Markets in Indonesia During the COVID-19 Pandemic

  • RAJAGUKGUK, Blucer Welington;NAJIB, Muhammad
    • The Journal of Asian Finance, Economics and Business
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    • v.8 no.3
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    • pp.655-664
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    • 2021
  • The purpose of this research paper is to overcome the impact the COVID-19 in Indonesia, the Government of the Republic of Indonesia has set Perpu No.1 of 2020 concerning State Financial Policies and Financial System Stability for Handling COVID-19 Pandemic. This paper uses a descriptive analysis method with a normative juridical approach, namely by explaining the politics of law in the stipulation of Perpu No. 1 of 2020 into Law, then analyzing its effect on the character of legal products contained in the Act. The data sources used in this paper are the 1945 Constitution of the Republic of Indonesia, Perpu Number 1 of 2020 which has been ratified into Law Number 2 of 2020, Legislation in the field of state finance, literature books, and several articles from print and electronic media. This paper concludes that the legal politics of establishing Perpu No.1 of 2020 into Act was born from a democratic political system and configuration, but the character of its legal products was conservative. The aim of the paper is to focus on the discussions related to the new regulations that have been made by the Indonesian government and analyse the impact resulting from the enactment of these regulations.

A Study on the Principle of Good Faith in Korea : Concept and Application (한국에서의 신의성실 원칙에 관한 연구: 개념 및 적용)

  • Han, Nak-Huyn;Choi, Seok-Beom;Bae, Jung-Han
    • Korea Trade Review
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    • v.44 no.6
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    • pp.285-302
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    • 2019
  • Good faith is difficult to define due to the facts that there is not an objective and concrete concept of good faith, and good faith in contracts for the international sale of goods is a principle that parties to the contract must act with sincerity as members of a social community. The Korean Supreme Court shall pay attention to setting the applicable standards that can be universally applied to good faith based on the self-established criteria. Through such effort, it is possible not only to realize the value of concrete validity pursued by the general clause of good faith but also to realize the value of legal stability by assuring the predictability of results when applying good faith. In the modern sense, it can be said that the arbitrary application of general rules rather than the escape and general clauses is a problematic situation in the application of good faith, but this problem can be solved by setting a reasonable standard of good faith. This paper studies good faith in the view of Korean law, international laws, and related cases in contract law. The purpose of this paper is to find the problems and solutions of the practical application of good faith by analyzing the Korean case (2009Da86000), which undermined the legal stability of good faith in Korea.

Analysis of Judgements on the validity of selective/unilateral Arbitration Agreement - In case of the Supreme Court's Judgements - (선택적 중재합의의 유효성에 대한 판례분석 - 대법원 판례를 중심으로 -)

  • Chung, Young-Hwan
    • Journal of Arbitration Studies
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    • v.19 no.3
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    • pp.3-24
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    • 2009
  • This article discusses the validity of selective/unilateral arbitration agreement that provides arbitration as one of several dispute resolution methods. The Supreme Court has held selective/unilateral arbitration agreement that is conditional invalidity since the judgement of 2003Da318 decided on Aug. 22, 2003: In the following judgements of 2004Da42166 decided on Nov. 11, 2004 and 2005Da12452 decided on May 27, 2005, the Court stated that the selective/unilateral arbitration agreement that stipulates to resolve a dispute through arbitration or mediation would be valid as an effective arbitration agreement only if a party elects and proceeds an arbitration proceeding and another party responses to the arbitration proceeding without any objection. The definition of arbitration agreement, the formation of selective/unilateral arbitration agreement, the summary of relative judgements and academic theories will be reviewed in order to examine the appropriateness of the series of judgements of the Supreme Court. Based on such reviews, this article will investigate the adequacy of the Supreme Court judgements from the perspectives of i) the principle of party autonomy, ii) the structure of dispute resolution methods, iii) legal provisions of Arbitration Act, iv) legal stability, and v) the policy to revitalize the use of arbitration. At conclusion, this article will suggest the change of precedents of the Supreme Court's judgements with regard to the selective arbitral agreement.

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Underground Mine Design and Stability Analysis at a Limestone Mine (석회석광산의 갱내채광설계 및 안정성평가)

  • Koo, Chung-Mo;Jeon, Seok-Won;Lee, In-Woo
    • Tunnel and Underground Space
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    • v.18 no.4
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    • pp.243-251
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    • 2008
  • Recently, the mining methods are changing from surface mining to underground mining because of the increment of the environmental issues and legal regulations. Therefore, the stability of underground openings is a major concern for the safety and productivity of mining operations. In this paper, a survey of structural geology and discontinuities were carried out at a limestone mine. The relevant mechanical properties of rocks were determined by the laboratory tests and rock mass classifications (RMR and Q-system) for the mine design and input data for the stability analysis. The dimensions of unsupported span for underground openings and pillar were decided based on the RMR values of rock mass classifications. The stability analysis for the suggested mine design was examined through the empirical methods (stability graph method and critical span curve) and 3-D numerical analysis (Visual-FEA).

South-North Legal System Division: Challenge for the Integration of Legal Systems beyond the Division of Korea (남북 법제분단: 분단을 넘어 법제통합을 위한 과제)

  • Choi, Eun-Suk
    • Journal of Legislation Research
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    • no.53
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    • pp.61-107
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    • 2017
  • It has been seventy-two years since the Korean Peninsular was divided into South and North Korea. When Korea was liberated from Japanese colonial rule in August 1945, the South and North established a capitalist system and a socialist system (communism) respectively, intensifying the ideological conflict and confrontation. The division of Korea was not confined to political and economical aspects, but extended to legal system, making it difficult to find legislative homogeneity in the two. The long-term situation of the divided nation results in a social phenomenon accompanied by legal division. For instance, shortly after its liberation from Japan's colonial rule, North Korea responded quickly to secure legal stability to govern the northern part while the Soviet army troops were stationed in it. Based on Marx and Engels' historical materialism, the North drove a change in its ideological superstructure by repealing the privatization of land property which was the means of production and finally enforced land nationalization, in common with other socialist states including the former Soviet Union. The North's land reform made under the guise of fulfilling national independence and doing away with anti-seigneurial and anti-feudalistic relations, has led to a wide difference in the systems between the South and Korea. This paper focuses on the legal systems of South and North Korea and is aimed at exploring the legal characteristics and environment of the North which became secluded from the world while engaging in socialist experiments for the past seventy two years against capitalism. Ongoing studies of legal system integration will be briefly discussed. The legal status of South and North Korea as a political entity will be investigated to overcome legal system division; and the characteristics of South-North relationship in legal terms and the limitations of the North's legal system will be also examined. Moreover, the directions for integrating legal systems and the plan for resolving legal system division will be suggested.

A comparative legal study on the relaxation of restrictions at the acquisition of own stock in enterprise (기업의 자기주식취득제한 완화에 관한 비교법적 연구)

  • Choi, Yong-Choon
    • The Journal of Information Technology
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    • v.8 no.3
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    • pp.57-71
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    • 2005
  • This thesis is to explore the relaxation of restrictions at the acquisition of own stock, and to get the results from this system many countries' legislations were alluded as model cases for Korean system. In comparing with America, Japan, Europe(EC 2nd Commercial Law), and England, the final suggestion for Korean companies law as follows: The solution of problems which is derived from the acquisition at own stock in enterprise is to make the optimum situation for the economic development and stability of stock market. So, to solve these problems needs the relaxation of restrictions for this system and by the relaxation of restrictions can get the distribution of its profit to stockholder, and the compensation for employers and employees. Furthermore, through this system the company can achieve the protection against M&A and the supply of company funds. In conclusion the relaxation of restrictions at the acquisition of own stock is acknowledged the necessity, but the problems that would be followed must be necessarily minimized, and to do so, the legal system has to be molded for this purpose and the its procedure(that is, accounting deal of own stock, the fictitious dividend, and non-appliance of tendency control) has to be prior to the legal system.

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