The purpose of this research is to develop a theoretical and methodological model of the mechanism which can provide information infrastructure support for small business at the regional level. Nowadays information support of small business is relevant due to digitalization of the economy and the search for new tools for business development. The authors have chosen a comprehensive approach as a research methodology and applied methods of analysis and synthesis. Data of joint-stock company "Corporation SMB", the Portal of SMB of the Kirov region were the empirical base of research. The article is of theoretical significance, it gives the authors' interpretation of "the mechanism of information infrastructure support of small business". The article is also of practical significance as it develops a model of the mechanism which provides information infrastructure support for small business in the region (on the example of the Kirov region). Paper materials are of practical value for regional authorities and can be used to formulate strategy and programs for the development of small business and infrastructure support.
The article specifies the legal nature of liability in commercial litigation, defines the ratio of measures of procedural coercion and liability in commercial litigation. Based on the analysis, a conclusion was made about the inexpediency of combining the measures of responsibility provided by the Commercial Procedural Code of Ukraine into an independent type of legal liability. The expediency of separating the category "Responsibility in commercial litigation" is argued. It is noted that the purpose of such liability is to comply with the procedural order of commercial proceedings under the threat of criminal, administrative, civil, disciplinary liability. Liability in commercial litigation includes all types of liability that are realized in connection with the implementation of such litigation: criminal, administrative, disciplinary liability of judges, lawyers, prosecutors, civil liability. Measures of such responsibility may have as their normative source not only the Commercial Procedure Code, but also the Criminal Code of Ukraine, the Code of Ukraine on Administrative Offenses, the Commercial Code, the Civil Code. It is noted that liability in commercial litigation is a complex legal institution. It is specified that measures of procedural coercion and liability in commercial litigation are forms of state coercion. Procedural coercion has a wider scope than liability in commercial litigation. The signs of procedural coercion in commercial litigation are specified: implementation regardless of the will of the subject to which they are applied; application by the court; implementation in connection with the implementation of legal proceedings in a particular case; ensuring the implementation of the tasks of commercial litigation; in some cases it is an unfavorable consequence of violation of the requirements of the legal norm (disposition), ie in connection with the implementation of dispositions of legal norms, in other cases it is the implementation of dispositions of legal norms that establish certain restrictions to ensure proceedings.
The article has substantiated the process of the de facto replacement of the right of private property by the rights of use; distinguished stages in the development of the private property institution in Ukraine; specified grounds for the emergence and termination of the right of private property and the rights of use; refined sense and scope of responsibility of the private owner and the holder;identified the main instrument of substitution of the right of private property by the rights of use; traced preconditions for passing inconsistent judgements on property protection by the ECHR; and analyzed possible consequences of further substitution of the right of private property by the rights of use. Regard to findings of the study it was considered about instability of the private property institution; identity between unofficial grounds for the termination of the right of private property and unofficial grounds for the emergence of the rights of use; existence of the direct threat to owner status in Ukraine; absence of legal grounds for increasing the sense of owner responsibility, including taxation of the private property; transformation of the feudal law into the modern rights of use combined with the right of possession; possibility of establishing a real type of polity and prospects for its development by ways of regulation of the ownership relations. The article has also considered about creating preconditions for restoring the feudal law and replacing democratic polity by a monarchy in Ukraine and other countries owing to severe restrictions on the right of private property, above all, through taxation of the privateproperty, and its de facto replacementby the rights of use.
The author of the article presents a comparative legal analysis of trade secret and industrial property regimes. Based on the analysis, the following distinctive features of legal regimes of trade secrets and industrial property are identified. The legal regime of industrial property provides strict criteria for the qualification of certain innovations as inventions, utility models, industrial designs. On the contrary, any commercially valuable innovations can be protected in the mode of trade secret. The legal regime of industrial property is a legal monopoly, as it provides the receipt of a security document (patent, declaratory patent). The trade secret regime is provided by a de facto monopoly, as it is ensured by the application of certain protective measures. The regime of industrial property rights presupposes the existence of both personal non-property and property exclusive rights. The trade secret regime provides only exclusive property rights. It has been identified that a common issue for both industrial property rights and trade secrets is the controversial application of "binding clauses" in licensing agreements, as they are contrary to the rules of fair competition. It is noted that the use of trade secrets to protect innovations is appropriate at the stage of development, mass production. When commercializing innovations, it is advisable to apply the regime of industrial property rights.
In the period of economic crises and political instability, issues of financial support for small and mediumsized enterprises are of particular relevance. The purpose of this study is to develop a theoretical and methodological model of financial support system for small and medium-sized enterprises at the regional level. As a research methodology, the systematic approach is used, within which the methods of analysis and synthesis are applied. The article presents the model system of financial support for small and medium-sized enterprises developed by the authors on the example of the Kirov region. The aims and goals, principles, forms of financial support and indicators of its effectiveness are defined. It is proposed to use relative indicators of the credit mechanism with the addition of indicators of loan indebtedness of small and medium-sized businesses to assess of effectiveness of disbursing public funds and functioning of financial support system. The findings may be useful in developing the development strategy of small and medium-sized enterprises in the region.
The article specifies the grounds for initiating proceedings in the case of insolvency of an individual on the basis of a comprehensive comparative analysis of foreign experience, scientific literature, national legislation and practice of its application. Based on the analysis of the legislation and case law, it is noted that the Bankruptcy Code does not clearly define the term "threat of insolvency". Article 115 of the Code states that the threat of insolvency includes circumstances that confirm that in the near future the debtor will not be able to meet its monetary obligations or make normal current payments. It is argued that the lack of definition of "threat of insolvency" in the Code is a shortcoming of current legislation, and therefore this rule needs to be clarified in terms of confirming the inability of the debtor to meet financial obligations, the terms of default. It is proposed to define "threat of insolvency" as a set of documented legal grounds that indicate the inability of the debtor to meet its own financial obligations or make regular financial payments over the next two months. The expediency of determining in Article 115 of the Bankruptcy Procedure Code an exclusive list of grounds for initiating insolvency proceedings against an individual is argued. Consolidation in Art. 115 of the Code of the inexhaustible list complicates law enforcement as provides a possibility of application of norms of other regulatory legal acts; provides wide discretion to the court, which creates conditions for the abuse of procedural rights for both participants in the bankruptcy proceedings and judges. The peculiarities of initiating proceedings to restore the solvency of an individual are specified: only the debtor himself may apply to the court to declare an individual insolvent. In order to reduce the financial burden on an insolvent individual in the implementation of bankruptcy proceedings, it is proposed to give the creditor the right to initiate legal proceedings for the insolvency of such a person.
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