Friday, November 16, 2018

Jan Lipavský: “Cybersecurity as the number one topic for future EU-Ukraine cooperation”

 Спілкувався: Yuriy Lapayev

During the 28th Economic Forum in Krynica-Zdrój (Poland) The Ukrainian Week discussed with the Vice-Chairman of the Foreign Affairs Committee of the Parliament of the Czech Republic about the issue of protection from cyberattacks and the possibilities for international regulation in the cyberspace

How to create understanding of necessity of cybersecurity among leaders of European countries?
– Very important is to present actual examples of how the cyber attacks can influence not only our economy but our democracy as well. We have been experiencing number of cyber attacks on state own as well as private companies. You in Ukraine have your own experiences with attempts to hack the nuclear power grid in 2015. Also Europe, especially Germany, had to face several attacks on its energetic sector.

‘Facebook Cannot Be Trusted to Regulate Itself’

Only Congressional hearings can answer what the company knew about Russian meddling — and when.

“Facebook cannot be trusted to regulate itself,” tweeted Rhode Island Representative David Cicilline on Wednesday night.

Mr. Cicilline, who is likely to chair the House of Representative’s Judiciary subcommittee that focuses on antitrust law, was responding to a Times investigation, one that painted a damning picture of how Facebook had handled the discovery of Russian misinformation campaigns on its platform. Based on interviews with more than 50 people, the investigation depicted Facebook’s top executives — including Sheryl Sandberg and Mark Zuckerberg — ignoring and downplaying the extent of Russian skulduggery, even going as far as to stall the publication of internal findings.

Turkish police detain academics in probe of prominent rights activist

Turkish police detained six people including two academics on Nov. 16 as part of an investigation into prominent rights activist and businessman Osman Kavala.
Kavala was detained in October last year and subsequently jailed pending trial, accused of seeking to overthrow the government as part of an investigation into the network which Ankara accuses of carrying out a 2016 failed coup.
The two academics were named as Professor Turgut Tarhanlı of Istanbul Bilgi University and Professor Betül Tanbay of Boğaziçi University. The other four detainees were staff of Kavala’s Anadolu Kültür Association, which is involved in promoting culture and rights.

Law of Indonesia

Law of Indonesia is based on a civil law system, intermixed with customary law and the Roman Dutch law. Before the Dutch colonisation in the sixteenth century, indigenous kingdoms ruled the archipelago independently with their own custom laws, known as adat. Foreign influences from India, China and Arabia have not only affected the culture, but also weighed in the customary adat laws. Aceh in Sumatra, for instances, observes their own sharia law, while Toraja ethnic group in Sulawesi are still following their animistic customary law.

Delaware Limited Liability Company Act: New Statutory Constructs

On July 23, 2018, the Delaware legislature amended the Delaware Limited Liability Company Act (“DLLCA”). The majority of the amendments became effective on Aug. 1, 2018. This update introduces a few of the new statutory constructs, with a focus on divisive mergers.
Divisive Mergers
Under the DLLCA, a limited liability company (“LLC”) may now divide into two or more LLCs by adopting a plan of division and filing a Certificate of Division with the Delaware Secretary of State. In accordance with the plan of division, the assets, liabilities, rights, and duties of the original “dividing” LLC are allocated among the newly created “division” LLCs.

Thursday, November 15, 2018

UNGA's 3rd Committee endorses updated draft resolution on human rights in occupied Crimea


The Third Committee of the General Assembly of the United Nations (UNGA) has endorsed the newly updated draft of the resolution titled: "Situation of human rights in the Autonomous Republic of Crimea and the city of Sevastopol, Ukraine." The relevant document was backed by 67 UN member states, 26 voted against it, 82 abstained. The following countries voted against: Armenia, Belarus, Bolivia, Burundi, Cambodia, China, Cuba, North Korea, Eritrea, India, Iran, Kazakhstan, Kyrgyzstan, Myanmar, Nicaragua, the Russian Federation, Serbia, South Africa, South Sudan, Sudan, Syria, Tajikistan, Uganda, Uzbekistan, Venezuela, and Zimbabwe. 

U.S. prosecutors get indictment against Wikileaks' Assange: court document

WASHINGTON (Reuters) - American prosecutors have obtained a sealed indictment against Wikileaks founder Julian Assange, whose website published thousands of classified U.S. government documents, a U.S. federal court document showed on Thursday.

The document, which prosecutors say was filed by mistake, asks a judge to seal documents in a criminal case unrelated to Assange, and carries markings indicating it was originally filed in U.S. District Court in Alexandria, Virginia in August.

U.K.’s Brexit Deal in Jeopardy as Senior Ministers Resign

LONDON—U.K. Prime Minister Theresa May was fighting to save her Brexit deal within hours of it being sealed, after a series of ministers resigned amid deepening political turmoil over the terms of her plan to exit from the European Union.

Six government ministers, including Brexit Secretary Dominic Raab, one of the architects of the deal, quit Thursday as the prime minister faced a barrage of criticism over the plan in Parliament, raising the possibility that she could face a challenge to her leadership.

Ukraine is launching a state fund to finance country’s tech startups.

On Nov. 7, Ukraine’s Cabinet of Ministers approved the fund with a budget of Hr 50 million, or $1.8 million.
It’s officially called the Innovation Development Fund and also known as the Ukrainian National Startup Fund. Its operations will get under way in 2019. Deborah Fairlamb, an independent business consultant from the United States, has been working on its launch for nearly a year.

U.S. judge refuses Russian firm's bid to dismiss Mueller indictment

Sarah N. Lynch

WASHINGTON (Reuters) - A federal judge on Thursday refused to dismiss criminal charges against a Russian company accused by U.S. Special Counsel Robert Mueller of funding a propaganda operation to sway the 2016 presidential election in Donald Trump’s favor.

The ruling by Judge Dabney Friedrich in the U.S. District Court for the District of Columbia came after lawyers for Concord Management and Consulting LLC argued the indictment brought against it failed to properly allege a crime.

Square near Russian Embassy in Kyiv named after Nemtsov

The Kyiv City Council has decided to name a nameless square on the corner of Povitroflotsky Avenue and Surikova Street in the Solomiansky district of Kyiv, located near the building of the Russian Embassy to Ukraine, after the deceased Russian opposition politician Boris Nemtsov.
Some 69 deputies the Kyiv City Council voted for such a decision on Thursday.
It was reported that on June 22 the city administration backed a proposal that the garden square near the Russian embassy be named after Nemtsov.

Franchising in the USA

What is the extent of franchise business in your jurisdiction, including any particular franchise-heavy sectors and notable recent developments?
Franchising is interwoven into the fabric of the US economy. Based on data from research firm FRANdata and the International Franchise Association (IFA), franchising represents or accounts for the following.
These figures are forecast to increase in 2017 and 2018. Franchised businesses operate in over 75 business sectors or industries, ranging from retail to service businesses to restaurants. While restaurants and other food service operations account for approximately one-third of all franchise establishments, franchising is well represented in many sectors, such as automotive services, hotels, retail products and business and residential services. 

#DisinfoReview: Heavyweight Megaphones Of Disinformation In Eastern Ukraine

Sunday 11 November was a tricky day for the pro-Kremlin disinformation campaign, on two fronts.
In Ukraine, the Russia-backed separatists held illegitimate elections that were not recognised by the international community.
At the same time in Paris, world leaders gathered to commemorate the World War I centenary. Later at the Paris Peace Forum, Ukrainian President Petro Poroshenko discussed the unlawful elections with the French and German leaders – without Russia’s President, a signal of non-recognition of the so-called Donbas “elections”.
The solution, in Russia’s disinformation style: attack the opponent.

Wednesday, November 14, 2018

EC approves maps of European transport network TEN-T in Ukraine

The European Commission has decided to approve the maps of the Trans-European Transport Network (the TEN-T core network) in the Eastern Partnership countries, including Ukraine.
"For the first time, the Ukrainian transport network is becoming part of the strategic transport and logistics corridors of the European Union," Minister of Infrastructure Volodymyr Omelyan said.
According to him, this is an important step towards the infrastructure European integration of Ukraine, indicating that the Ukrainian infrastructure is considered by the European Commission as an integral component of the EU transport and logistics system.

The justifiable outrage at Western reporting on Ukraine

By Ariana Gic, for StopFake
Only July 23, the BBC’s Panorama aired “The Faked Murder that Fooled the World”, about the staged murder of a Russian dissident journalist living in Kyiv at the end of May.  The staged assassination was the stuff of spy novels – Ukraine’s Security Services convincingly staged Arkady Babchenko’s assassination as part of a special operation to prevent more than 30 Russian assassination efforts, including Babchenko’s, and to reveal a Russian intelligence ring in the country.
Unsurprisingly, many took the opportunity to again voice their disgust with the Ukrainian operation which saved dozens of lives, as they had in the immediate aftermath of the staged attack. Social media was once again flooded with criticism over Ukraine’s use of deception for a mere day to save the life of a journalist whose believed passing had previously been mourned with great passion.

Full text of Brexit withdrawal agreement (PDF)

Transgender rights at risk with changes to legal definition of sex

By Avvo
Since taking office, the Trump administration has made several changes that have impacted people in the LGBTQ community including rescinding protections for transgender youth in schools, and attempting to bar transgender people from serving in the military. Many members of the LGBTQ community have raised concerns that reversals by the administration are designed to roll back rights and protections that were granted to them by previous administrations.

CANNABIS AND CANADA

POSTED IN CANADA, TRADEMARKS
Recreational cannabis became legal in Canada under the Canadian Cannabis Act on October 17, 2018 and sales have begun. Prior thereto, only medical marijuana was available in Canada.
The Canadian Trademarks Act has not been amended in any way in respect of the sale and promotion of recreational cannabis in Canada. The law regarding registration remains the same for marks for such cannabis products and services, as for other products and services. Many companies have filed trademark applications for trademarks for use in association with recreational cannabis products and services.  They are moving through the usual application process.

New York City Releases Guidance on Mandatory Sexual Harassment Training, Notice Requirements

The New York City Commission on Human Rights has released Frequently Asked Questions (FAQs) as guidance on the “Stop Sexual Harassment in NYC Act.”
New York City employers with at least 15 employees are required to conduct annual anti-sexual harassment training for all employees starting April 1, 2019. Posting and notice requirements went into effect September 6, 2018.
Employer Coverage
The following are highlights from the FAQs.

Right Out of the Box: California Enacts First-of-its-Kind Statute Regulating Internet-of-Things

The California legislature had a big year in 2018. While a great deal of attention has focused on the California Consumer Privacy Act of 2018 (CCPA), a sweeping new privacy law often compared to Europe’s General Data Protection Regulation (GDPR), California also passed a less-publicized, but highly critical, statute that will regulate certain aspects of Internet of Things (IoT or connected) device security.

No Activity

No Activity is an Australian comedy television series which streams on Stan. The series is about two detectives on a stakeout. The Australian series was the first commission produced for the Australian streaming service. It comes from the production company Jungle Entertainment, a partnership between Trent O'Donnell, Jason Burrows and Phil Lloyd. It is written and directed by Trent O'Donnell with Executive Producer Jason Burrows and Producer Chloe Rickard. The first season, consisting of six episodes, premiered in its entirety on 22 October 2015. The second season was released on 26 October 2016.
A one off Christmas special titled No Activity: The Night Before Christmas has been commissioned and will premiere on Stan in December 2018

Tuesday, November 13, 2018

Doing Business 2019 Report (PDF)

Tymoshenko Reveals ‘Peace Plan’ for Eastern Ukraine as She Ramps up Presidential Campaign to Challenge Poroshenko

Publication: Eurasia Daily Monitor Volume: 15 Issue: 161


Ukraine’s presidential campaign is in full swing. Five months out from the election (the first round is scheduled for March 31), it remains entirely unclear who the next head of state will be. Yet, the likeliest contenders are incumbent President Petro Poroshenko and former prime minister Yulia Tymoshenko. The two could face off against one another in a second round, which will take place in April. According to polling released last September, if the elections were to be held in the nearest future, Tymoshenko would take 12.9 percent of the vote, while Poroshenko would finish with 8.4 percent (Censor.net.ua, September 14). The coming election is crucial to Poroshenko as well as Tymoshenko since both candidates have been in politics nearly twenty years and defeat would be difficult to recover from at this point.

A Counterintuitive Way Ukraine Can Impress the EU and Solve Its Own Migration Problem

BY ANDREJ NOVAK AND ANDREAS UMLAND


Ukrainians were granted the most residence permits of any non-EU nationals in the EU last year. Approximately 662,000 Ukrainians received such permission in 2017 alone. Ukrainians are now integrating into Europe at an annual number roughly equal to the population of Montenegro, an official EU accession candidate and new NATO member.

For hundreds of thousands of Ukrainians, European liberties such as the freedom to work legally and the ability to live long-term and sell their services in the EU are becoming reality. These rights include the right of residence for persons of independent financial means. 

Why Putin Encouraged Sham Elections in Eastern Ukraine


The vote confirms the Kremlin has reluctantly decided to hang on to the puppet states it helped carve out.

The so-called elections on Nov. 11 in the unrecognized “people’s republics” of eastern Ukraine wouldn’t be worthy of discussion if they weren’t further evidence the Kremlin plans to hang on to the territories. In the absence of any international deal he could accept, President Vladimir Putin can only move toward the full recognition of the puppet states, on the model of South Ossetia and Abkhazia.
The elections conferred a questionable legitimacy on Denis Pushilin, leader of the Donetsk People’s Republic, and his counterpart Leonid Pasechnik of the Luhansk People’s Republic. Both were already running the self-proclaimed Donbass statelets. 

What Is Next for South Korea's Official Online Petition Channel?

More than a year after its unveiling, it’s time to evaluate the Moon administration’s online petition system.
After Moon Jae-in was sworn in May last year as South Korea’s new president, he focused on building an image as a leader who is open and willing to communicate with the public. After all, his predecessor, impeached President Park Geun-hye, was consistently criticized for never venturing out of the presidential Blue House and showing little interest in listening to public criticism.
Moon came out of the Blue House and talked to people. He drank coffee with staff members and went hiking to meet citizens. But his efforts to appear as an approachable leader were not limited to just publicity stunts.

How We Help Employees Pay Down Student Loans and Save for Retirement at the Same Time


A small percentage of U.S. companies — including PwC, Fidelity, and Aetna — have stepped up to help their employees cope with the education loans weighing them down by offering them cash to help them reduce their debts. While I applaud them, one downside of their approach is simply giving their workers cash raises their income taxes, diminishing the impact of their efforts.

To address this dilemma, Abbott, where I lead Human Resources, took a different approach. We introduced a program last August to contribute 5% of pay to a tax-deferred 401(k) plan for full- and part-time workers who direct at least 2% of their pay toward paying down their student loans. The Internal Revenue Service reviewed — and ruled favorably on — the 401(k) plan structure we came up with to make this possible.

Spain to Outlaw Diesel, Gasoline Car Sales in 2040 Under New Law

Spain is considering a ban on sales of diesel and gasoline cars beginning in 2040 to counter climate change.
Outlawing new polluting automobiles is one of several measures envisioned in coming legislation, as Spain tries to bring national regulations into line with countries including the U.K. and France, according to a briefing note circulated to journalists.

Britain agrees Brexit divorce deal with EU, May's opponents vow to thwart it

LONDON (Reuters) - Britain struck a draft divorce deal with the European Union after more than a year of talks, thrusting Prime Minister Theresa May into a perilous battle over Brexit that could shape her country’s prosperity for generations to come.

While Brussels choreographs the first withdrawal of a sovereign state from the EU, May, a far from secure leader hemmed in by opponents in government and her own Conservative party, must now try to get the deal approved by her cabinet and, in the toughest test of all, by parliament.

Історико-правові аспекти регулювання торгівельних відносин в Україні.


Сагайдак Ю.В.,
к.ю.н., доцент каф. правового регулювання
економіки ЮІ ДВНЗ «КНЕУ ім. В. Гетьмана»[1]

На прикладі історичного розвитку правового регулювання інституту легалізації суб’єктів підприємницької діяльності, показано давні традиції торгового права України та їх зв’язок і схожість із європейськими історико-правовими традиціями торгового права. Визначено необхідність подальшого відновлення історико-правових традицій торгового права України, що прискорить політичну та юридичну інтеграцію України в європейську спільноту.
Ключові слова: торгове право, комерційне право, господарське право, легалізація суб’єктів підприємницької діяльності,  господарське право, економічні права людини, історія торгового права.
На примере исторического развития правового регулирования института легализации субъектов предпринимательской деятельности, показано давние традиции торгового права Украины и их связь и сходство с европейскими историко-правовыми традициями торгового права. Определена необходимость дальнейшего восстановления историко-правовых традиций торгового права Украины, что ускорит политическую и юридическую интеграцию Украины в европейское сообщество.
Ключевые слова: торговое право, коммерческое право, легализация субъектов предпринимательской деятельности, хозяйственное право, экономические права человека, история торгового права.

So lief Putins irre Schergen-Wahl

von: JULIAN RÖPCKE veröffentlicht am
12.11.2018 - 17:12 Uhr

In den von Russland besetzten Gebieten der Ostukraine wurde am Sonntag etwas veranstaltet, das die lokalen Machthaber und Moskau als „Wahlen“ bezeichneten.

Als Ergebnis wurden die beiden „Führer der Republiken“ Donezk (mit 60,9 Prozent) und Lugansk (mit 68,3 Prozent) in ihren Ämtern bestätigt bzw. nach der Ermordung des Donezker-Vorgängers vom Übergangs-Führer zum permanenten Führer gemacht. Auch die beiden herrschenden Parteien der beiden Schein-Parlamente wurden mit absoluter Mehrheit wieder zu den stärksten Kräften gemacht. Die „Wahlbeteiligung“ in Donezk lag bei 80 Prozent, die in Lugansk bei 77.

Moscow Patriarchate’s Ukrainian Orthodox Church ceases Eucharistic communion with Constantinople Patriarchate

The council of archbishops of the Moscow Patriarchate’s Ukrainian Orthodox Church sees the Patriarchate of Constantinople Holy Synod’s decision on Ukraine as one without the canonical force, and has announced a breakup with Constantinople.
“The council of bishops of the Ukrainian Orthodox Church believes that the Patriarchate of Constantinople Holy Synod’s decisions of October 11, 2018, regarding the Ukrainian church issue, are invalid and as such have no canonical force. 

Ukraine and the United States have launched a strategic energy dialogue

President of Ukraine Petro Poroshenko met with United States Secretary of Energy Rick Perry.
The Head of State emphasized the importance of cooperation with the United States in the field of energy for strengthening Ukraine's energy security.
During the meeting, the launch of the Ukrainian-American strategic energy dialogue was announced, which would facilitate closer cooperation between the involved government agencies and companies.

This Is Marketing: You Can't Be Seen Until You Learn to See

Seth Godin has taught and inspired millions of entrepreneurs, marketers, leaders, and fans from all walks of life, via his blog, online courses, lectures, and bestselling books. He is the inventor of countless ideas and phrases that have made their way into mainstream business language, from Permission Marketing to Purple Cow to Tribes to The Dip


Now, for the first time, Godin offers the core of his marketing wisdom in one compact, accessible, and timeless package.

This is Marketing shows you how to do work you're proud of, whether you're a tech startup founder, a small business owner, or an executive at a large corporation. Great marketers don't use consumers to solve their company's problem; they use marketing to solve other people's problems. Their tactics rely on empathy, connection, and emotional labor instead of attention-stealing ads and spammy email funnels. When done right, marketing seeks to make change in the world.

The Mystery of the Havana Syndrome

By Adam Entous and Jon Lee Anderson

Unexplained brain injuries afflicted dozens of American diplomats and spies. What happened?

In the winter of 2017, the American Embassy in Havana was in a precarious state. The Embassy, a six-story tower that sits next to the seawall known as the Malecón, was built in 1953, and during the five decades in which diplomatic relations between Cuba and the United States were suspended it had suffered from neglect. Salt and humidity from the ocean ate away at the pins holding up the marble façade. 

Work crews erected a fence around the most vulnerable area, to insure that no one was impaled by shards of marble tumbling from the walls.

2017 Recap: Tokens, Coins, Cryptocurrencies, and Other Digital Assets under the Federal Securities Laws – Facts and Circumstances

The Securities and Exchange Commission’s (“SEC”) recent action against a digital trading platform illustrates the continued uncertainty surrounding the treatment of tokens, coins, cryptocurrencies, and other digital assets under the federal securities laws. Senior SEC officials have expressed concern that a significant amount of activity in this industry may not comply with federal securities laws and increasing SEC enforcement activity evinces these concerns. This set of posts offers a recap of the SEC’s previous enforcement actions and statements, providing a reminder to market participants that there is not yet any formal, comprehensive guidance on the reach of federal securities laws in this area. As a result, whether the SEC or a court determines that a particular token, coin, cryptocurrency or digital asset is a security remains a case-by-case, facts and circumstances analysis.

Voters in Three States Approve Marijuana Laws on Election Day

Three states approved new marijuana laws on Election Day 2018. Voters approved medical marijuana laws in Missouri and Utah, while Michigan voters approved a recreational marijuana law.
Michigan: Recreational Marijuana
Michigan Proposal 1 was passed by a majority (approximately 55% “Yes” and 45% “No”).
Proposal 1, the Michigan Regulation and Taxation of Marijuana Act, legalizes recreational marijuana in the state for adults 21 years of age or older. The law generally will allow adults to possess, use, purchase, transport, or process up to 2.5 ounces of marijuana (which cannot include more than 15 grams of marijuana concentrate). Adults also may possess, store, and process up to 10 ounces of marijuana in their residence, as well as marijuana produced by marijuana plants cultivated on the premises. Adults may cultivate up to 12 marijuana plants in their homes.

Seasonal Employment / Part-Time Information

For many retailers, the holiday shopping season is a "make or break" period which can define their bottom lines for the entire year. Temporary and part-time employment spikes as retailers and other businesses increase staffing to accommodate their seasonal increase in business. Workers not familiar with this sort of employment, and employers unaccustomed to hiring part-time and/or seasonal employees, may not be fully aware of the regulations surrounding such employment. We offer the following information to help guide both employers and employees through this busy season in an informed manner.

Monday, November 12, 2018

Ship of Fools: How a Selfish Ruling Class Is Bringing America to the Brink of Revolution

By Tucker Carlson

#1 NEW YORK TIMES BESTSELLER



Condemning Sham "Elections" in Russia-Controlled Eastern Ukraine

Press Statement
Heather Nauert
Washington, DC
November 12, 2018

 The United States joins our European Allies and partners in condemning the November 11 sham “elections” in Russia-controlled eastern Ukraine. Yesterday’s illegitimate processes were an attempt by Moscow to institutionalize its Donbas proxies, the so-called “Donetsk and Luhansk People’s Republics.” These entities have no place within the Minsk agreements or within Ukraine’s constitutional government, and they should be dismantled along with the illegal armed formations.

If Russia calculated the November 11 illegal “elections” would lead to international respect for its proxies, the international reaction proves it was mistaken. The OSCE refused to monitor yesterday’s farce. Russia’s actions have been denounced in capitals on both sides of the Atlantic and on the floors of the UN Security Council and the OSCE.