• 제목/요약/키워드: Legal Stability

검색결과 133건 처리시간 0.022초

Independence and Transparency of the Central Bank of Kazakhstan

  • Nurbayev, Daniyar
    • The Journal of Asian Finance, Economics and Business
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    • 제2권4호
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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
    • 호남수학학술지
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    • 제44권4호
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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.

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

  • 전영훈;신두식
    • 한국농촌건축학회논문집
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    • 제15권4호
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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.
    • 동아시아경상학회지
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    • 제5권2호
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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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    • 제8권3호
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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.

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

  • 한낙현;최석범;배정한
    • 무역학회지
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    • 제44권6호
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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.

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

  • 정영환
    • 한국중재학회지:중재연구
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    • 제19권3호
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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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석회석광산의 갱내채광설계 및 안정성평가 (Underground Mine Design and Stability Analysis at a Limestone Mine)

  • 구청모;전석원;이인우
    • 터널과지하공간
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    • 제18권4호
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    • pp.243-251
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    • 2008
  • 최근 환경문제 및 법적규제의 강화로 광산의 개발이 노천채광에서 갱내채광으로 전환됨에 따라 지하채굴 공동의 안정성이 광산의 운영 및 생산성 부분에서 최대 관심사로 대두되고 있다. 따라서 본 연구에서는 갱내채광 설계와 안정성 평가의 입력 자료로 활용하기 위해 지질조사, 불연속면 조사, 실내 암석실험, 암반분류를 수행하였으며, 암반분류 결과를 이용하여 무지보로 안정을 유지할 수 있는 채굴 공동과 광주의 규격을 결정하였다. 또한, 경험적 방법(stability graph, 한계 공동폭 곡선)과 3차원 수치해석을 통하여 지하채굴 공동의 안정성을 평가하였다.

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

  • 최은석
    • 법제연구
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    • 제53호
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    • pp.61-107
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    • 2017
  • 올해로 한반도가 남과 북으로 분단된 지 72년이 흘렀다. 1945년 8월, 일제로부터 해방과 동시에 남쪽은 자본주의, 북쪽은 공산주의(사회주의) 이념을 바탕으로 한 체제 갈등과 대립을 해왔다. 이러한 남북분단은 단순히 정치 경제체제에만 머물지 않고 법제도 역시 동질성을 찾기 어려운상황이 되어 버렸다. 그동안의 분단은 법제분단도 함께 동반되는 사회적현상의 결과를 낳게 되었다. 일례로 북한은 해방과 동시에 구 소련군의 주둔 하에 북한지역을 지배하면서 법적 안정을 위한 조치를 빠르게 취했다. 마르크스와 엥겔스의 역사적 유물론을 바탕으로 한 토지사유화 폐지 등 이데올로기적 상부구조의 변화를 가져왔다. 이러한 작업은 구 소련 등 다른 사회주의 국가들의경우와 같이 생산수단인 토지사유화 폐지 절차를 거쳐 국유화 정책을 단행하기에 이르렀다. 북한 정권은 민족적 독립완수와 반제적 반봉건적 관계 청산이라는 미명하에 토지개혁을 실시함으로 인해 분단 이후 남북한체제 간의 현격한 변화를 가져왔다. 본 논문에서는 우선 남북법제를 중점으로 지난 72년간 사회주의의 실험과정에서 자본주의와 대결하면서 단절된 북한 법제의 특성과 법적 환경을 탐구하고자 한다. 한편, 현재 통일을 위해 진행 중인 법제통합 연구의 현황에 대해서도 간략히 진단해 본다. 그리고 법제분단을 극복하기 위해 남북분단에 따른 남과 북 각각의 국가로서 법적 지위를 규명해 보고, 남북관계의 법적 성격과 북한법제가 갖는 한계성에 대해 살펴본다. 아울러 법제통합을 위한 기본방향을 모색해 보고, 법제분단 해소 방안을 제시하고자 한다.

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

  • 최용춘
    • 정보학연구
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    • 제8권3호
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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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