Personal Corruption &amp; Corrupting Laws: Montesquieu’s Twofold Theory of Corruption

Juarez-Garcia, Mario I.

doi:10.21272/bel.4(4).76-83.2020

Cited by 13 publications

(2 citation statements)

References 24 publications

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“…that the conditions are not met, the action ceases to be a PKPU action and is outside the jurisdiction of the Commercial Court. [11] According to the provisions of Article 1 point (6) the Bankruptcy Law and PKPU, debt is an obligation that can be expressed in amounts of money, either directly or that will arise at a later date, which arises due to an agreement or law, and must be fulfilled by the Debtor. If the debt is not fulfilled, the Creditor has the right to obtain fulfillment from the Debtor's assets.…”

Section: Methodsmentioning

confidence: 99%

Bankruptcy according to the bankruptcy law and postponement of payment perspective of creditor legal protection

Yulianti Wiyono,

Slamet Suhartono,

Endang Prasetyawati

2024

TSSJ

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The development of the business world is strongly influenced by the business world as one of the economic actors, including the banking business. The business world is also very dependent on the conduciveness of the business climate that supports it. If the business climate conditions are not conducive, it will affect the stability of the business world, and can even cause business actors to suffer losses, which results in the capability and credibility of business actors in carrying out their business activities being disrupted, and can even result in bankruptcy. To maintain the smooth running of their business, business actors must obtain guaranteed protection through legal instruments established by the government. Legal protection given to banks as creditors is needed in maintaining business continuity. This legal protection is very important, considering that banking is an economic joint that supports the most vital national economy. Filing for bankruptcy which requires a minimum of 2 (two) creditors for a bankrupt debtor using the Postponement of Debt Payment Obligation mechanism based on the bankruptcy law and PKPU does not provide a guarantee of sufficient legal protection for creditors.

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Section: Methodsmentioning

confidence: 99%

Bankruptcy according to the bankruptcy law and postponement of payment perspective of creditor legal protection

Yulianti Wiyono,

Slamet Suhartono,

Endang Prasetyawati

2024

TSSJ

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“…As the number of participants grows, the nature of the relationship changes from positive to negative. Given the fact that most shadow schemes of income concealment involve more than one person, increasing the level of shadow economy only exacerbates income inequality [5].…”

Section: Introductionmentioning

confidence: 99%

The impact of economic shadowing on social development: challenges for macroeconomic stability

Tiutiunyk¹,

Zolkover²,

Lyeonov³

et al. 2022

Nauk. visn. nat. hirn. univ.

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Purpose. To develop a model of investigating the link between the level of shadow economy and indicators of social development of the country. Methodology. The study of the relationship between the analyzed indicators was conducted using general and special research methods. The established hypotheses were tested using VAR/VEC modeling. Dickey-Fuller test, the Phillips-Perron test, Joansen test are used in the work. Findings. The paper identifies the risks of the shadow economy for social indicators of macroeconomic stability. Based on the analysis of the countrys social development indicators, indicators were identified that are most sensitive to changes in the level of the shadow economy which are: Gini coefficient, average income ratio of 10% of the richest to 10% of the poorest, average income ratio of 20% of the richest to 20% of the poorest sections of the population, Human Development Index, gross average wage. The EU countries and Ukraine are identified as the statistical base of the study and the assessment period is 20052020. The results of modeling proved the relationship between the level of shadow economy and indicator of social development. Originality. The approach to assessing the relationship between the level of the shadow economy and indicators of social development of the country by considering the indicators that most fully characterize the level of social protection and material well-being of the population has been improved. Practical value. The scientific contribution of the paper is that existing research on the impact of shadow economy on the level of social development of the countries remains fragmented, as well as studies assessing its effect on the macroeconomic stability. The impulse response function constructed by the authors may provide some insight into better understanding of the indicators of social development, the most sensitive to the shadow economy shocks. The results of estimation can be used for practical or scientific purposes.

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Development of Databases Structure of Internal Economic Agents Financial Monitoring

Kuzmenko

Доценко²,

Koibichuk

2021

ФКДПТП

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Abstract. The article presents the results of developing the structure of databases of internal financial monitoring of economic agents in the form of a data scheme taking into account the entities, their attributes, key fields, and relationships, as well as the structure of units of regulatory information required for basic monitoring procedures based on internal and external sources. The block diagram of the financial monitoring databases, formed in the modern BPMN 2.0 notation using the Bizagi Studio software product on the basis of internal normative and reference documents, consists of tables containing information on: the client's financial monitoring questionnaire; list of risky clients according to the system of economic agent; the list of clients for which there are court rulings and financial transactions which may contain signs of risk; list of PEP clients of the economic agent; list of clients for which there is a share of state ownership (PSP); list of prohibited industries; reference books (type of financial transactions; features of financial transactions of mandatory financial monitoring; features of financial transactions of internal financial monitoring; identity document; type of subject of primary financial monitoring; type of notification; legal status of transaction participant; type of person who related to the financial transaction; the presence of permission to provide information; signs of financial transaction; regions of Ukraine); directory of risk criteria; clients with FATCA status. The scheme of the structure of databases of internal financial monitoring of economic agents using normative and reference information on the basis of external sources is presented by tables containing information on: legal entities, natural persons-entrepreneurs, public formations, public associations, notaries, lawyers of Ukraine; the list of persons related to terrorism and international sanctions, formed by the State Financial Monitoring Service of Ukraine; list of public figures and members of their families; sanctions lists (National Security and Defense Council of Ukraine; Ministry of Economic Development and Trade of Ukraine; OFAC SDN List — US sanctions list; worldwide sanctions lists; EU sanctions lists); lists of high-risk countries (aggressor state, countries with strategic shortcomings, countries with hostilities, list of the European Commission for countries with weak APC / FT regime, countries with high levels of corruption, self-proclaimed countries, countries with high risk of FT, offshore countries); The First All-Ukrainian Bureau of Credit Histories, which describes the credit history, credit risks of individuals and legal entities in Ukraine (PVBKI); International Bureau of Credit Histories, which describes the credit history of individuals and legal entities of clients of Ukrainian economic agents (MBKI); list of dual-use goods; list of persons with OSH; AntiFraud HUB — information about fraudsters; register of bankruptcies; register of debtors; register of court decisions; database of invalid documents; list of persons hiding from the authorities; register of EP payers; registers of encumbrances on movable and immovable property; data on securities; lustration register; register of arbitration trustees; corruption register; bases of Ukrainian organizations; information on foreign companies. Integrated use of the developed databases based on the proposed schemes will improve the procedures for financial monitoring by economic agents and solve several current problems. Keywords: economic agents, financial monitoring, structural scheme of the database, normative and reference information of internal securement, normative and reference information of external securement. JEL Classification E44, D53, G21, G28, G32 Formulas: 0; fig.: 2; tabl.: 0; bibl.: 12.

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Personal Corruption & Corrupting Laws: Montesquieu’s Twofold Theory of Corruption

Cited by 13 publications

References 24 publications

Bankruptcy according to the bankruptcy law and postponement of payment perspective of creditor legal protection

Bankruptcy according to the bankruptcy law and postponement of payment perspective of creditor legal protection

The impact of economic shadowing on social development: challenges for macroeconomic stability

Development of Databases Structure of Internal Economic Agents Financial Monitoring

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