Thursday, January 31, 2019

Key Concept: Giorgio Agamben’s ‘Stasis’


At a time when the world seems to be rejecting the universalist neo-liberal logic of governance to embrace various modes of cultural, political, socio-economical, and juridical nationalisms, an engagement with Giorgio Agamben’s concept of stasis becomes all the more urgent. If there is indeed one message to be taken from Agamben’s study of the modern variant of stasis, it is that such an entity as a territorially-framed, culturally-bounded, and ontologically self-defining ‘people’ has never been posited and is politically insignificant.[1] Current aspirations to return to idealised forms of nationalisms, then, might not only be impossible to realise; more fundamentally, they might be voided of historical content and legitimation.

#Тренінг: Англійське право та комунікативні навички для українських юристів

Ukrainian President signs law on arms purchase abroad without intermediaries

Ukrainian agricultural exports to EU grew by 8.7% last year - Agrarian Policy Ministry

Top 10 Developments and Headlines in Trade Secret, Non-Compete, and Computer Fraud Law in 2018/2019

Wednesday, January 30, 2019

Russians leaked Mueller investigation evidence online, prosecutors say

Appetite for destruction - Disinformation Review

План здійснення комплексних заходів державного нагляду (контролю) на 2019 рі

К вам пришли с проверкой. Что делать?

Government approves national program under auspices of Ukraine-NATO Commission for 2019

Ghosn says Nissan executives used 'plot and treason' to halt Renault integration: Nikkei

TOKYO (Reuters) - Carlos Ghosn said Nissan executives opposed to his plans for closer ties with automaking partner Renault SA resorted to “plot and treason” to disrupt them and were behind the financial misconduct allegations against him.

Speaking to the Nikkei newspaper in his first media interview since his arrest on Nov. 19, Ghosn said he had discussed plans to integrate the companies with Nissan CEO Hiroto Saikawa in September.

Tuesday, January 29, 2019

«Фізична особа-підприємець» і «фізична особа» мають різний податковий та правовий статус – Верховний Суд



Відповідно до ч. 1 ст. 51 ЦК України до підприємницької діяльності фізичних осіб застосовуються нормативно-правові акти, що регулюють підприємницьку діяльність юридичних осіб, якщо інше не встановлено законом або не випливає із суті відносин. Це положення однаково стосується прав і обов’язків фізичної особи-підприємця.
Про це зазначив Верховний Суд у складі судової палати для розгляду справ щодо податків, зборів та інших обов’язкових платежів Касаційного адміністративного суду, розглянувши адміністративну справу за позовом фізичної особи-підприємця до податкової інспекції про скасування податкового повідомлення-рішення.
Позивач звернувся до суду з адміністративним позовом, в якому просив визнати протиправним та скасувати податкове повідомлення-рішення податкової інспекції, яким йому визначено грошове зобов’язання з ПДВ у розмірі 49 100 грн та застосовано штрафну (фінансову) санкцію в сумі 12 275 грн.

Poroshenko to run for second term as Ukraine president

Ukrainian President: Peace means full restoration of Ukraine’s territorial integrity and Moscow’s undeniable recognition of our right to walk our own path

Property regimes for international couples in Europe: new rules apply in 18 Member States as of today

The EU Regulations clarifying the rules applicable to property regimes for international married couples or registered partnerships apply as of today.
The regulations establish clear rules in cases of divorce or death and bring an end to parallel and possibly conflicting proceedings in various Member States, for instance on property or bank accounts. In short, it will bring more legal clarity for international couples.
First Vice-President Timmermans said: "The entry into application of these regulations is good news for the growing number of international couples in Europe. This is about giving certainty to thousands of European couples about what happens to their property if they divorce or one of them dies. I am confident that these regulations will help many European couples manage such difficult times.”

Trying to get more protein? Class-action suits question protein-product content claims



Every January, many Americans make health-related New Year’s resolutions and embark on an effort to eat better, lose weight, and get fit after the excesses of the holiday season. A plethora of products and services — ranging from gym memberships to how-to books to diet supplements — caters to this lucrative market.

Savvy consumers should take health-related product claims with a grain of salt, but some brands have come under fire recently for allegedly offering misleading information about their products. Protein-related brands, in particular, have been accused in several cases of falsely advertising the amount of protein content that is actually contained in their products.

Settled status for EU citizens

The EU Settlement Scheme, which processes applications of EU citizens living in the UK to allow them to remain in the UK after Brexit, has gone live.
From 21 January 2019 a public test phase will run for individuals who are resident EU citizens (with a valid EU passport) or non-EU citizen family members of EU citizens (with a biometric residence card) . The Scheme will open fully on 30 March 2019.

Selling Your Business: It Starts Before the Sale

This is the fifth article in a series about transitions and transactions for midsized companies. Three different perspectives have contributed to this article on the sale process: business consultant Karen Albritton, mergers and acquisitions advisor Mark Phillips, and corporate/transactional attorney Deana Labriola.
The sale process doesn’t happen overnight, and there are many things before the sale that can greatly impact the sale.
However, positioning your business in the best possible ways for sale has a wide range of meaning. As a business owner, you should aim to understand the sale process itself, timing and the market, but even with those understandings, your business will be judged by buyers on merits that are shaped long in advance of the process and may be surprising to you.

Monday, January 28, 2019

U.S. charges China's Huawei over alleged Iran sanctions violations

WASHINGTON (Reuters) - The United States on Monday announced criminal charges against China’s Huawei Technologies Co Ltd, escalating a fight with the world’s biggest telecommunications equipment maker and coming days before trade talks between Washington and Beijing.

The Justice Department charged Huawei and its chief financial officer, Meng Wanzhou, with conspiring to violate U.S. sanctions on Iran by doing business with Tehran through a subsidiary it tried to hide and that was reported on by Reuters in 2012 reut.rs/2sRL7Ve and 2013 reut.rs/2sUq8RT.

#EasternEuropeMatters

Ukrainian President signs law on changing subordination of religious organizations

Germany Is Looking for Its First-Ever (Legal) Pot Growers

Week's balance: Gazprom's delay, FTA with Israel, and good news from Davos

ПРАВОВЕ РЕГУЛЮВАННЯ УКЛАДЕННЯ ЕЛЕКТРОННИХ ГОСПОДАРСЬКИХ ДОГОВОРІВ

Sunday, January 27, 2019

Will the Supreme Court Use a New York City Regulation to Strike Down Gun Laws?


The Justices agree to hear another Second Amendment case, this time with Brett Kavanaugh on board.


New York City is a strange and dangerous place, if the plaintiffs in a gun-control case that the Supreme Court has just agreed to hear are to be believed. The suit, which calls the city’s restrictions on transporting handguns through its streets “bizarre,” “irrational,” and “perverse,” was brought by the New York State Rifle & Pistol Association—the state affiliate of the National Rifle Association—along with two gun owners who live in the Bronx and one from Staten Island. The case is notable for reasons that go beyond its caricature of the city and its mores. To begin with, this will be the first time the Court seriously considers the Second Amendment since it adopted a radical view of gun rights in District of Columbia v. Heller, in 2008, which overturned a near-ban on handguns in Washington, D.C., and in McDonald v. the City of Chicago, in 2010, which did away with similar restrictions in that city. Those decisions were “transformational,” the plaintiffs argue, but “the news has not yet reached New York City.”

U.S. lifts sanctions on Rusal, other firms linked to Russia's Deripaska

WASHINGTON (Reuters) - U.S. President Donald Trump’s administration on Sunday lifted sanctions on aluminum giant Rusal and other Russian firms linked to oligarch Oleg Deripaska, defying a Democratic-led push in the U.S. Congress to maintain the restrictions.

Earlier this month, 11 of Trump’s fellow Republicans in the U.S. Senate joined Democrats in a failed effort to keep the sanctions on Rusal, its parent, En+ Group Plc, and power firm JSC EuroSibEnergo. But that was not enough to overcome opposition from Trump and most of his fellow Republicans.

Россия, которую Кремль скрывает от граждан РФ

Stymied on 'golden passports', EU sets up expert group

The European Commission, unable to crack down on multi-billion euro schemes run by Bulgaria, Cyprus and Malta that allow wealthy non-EU nationals to buy passports to gain EU citizenship, is setting up an expert group to probe the abuse.
The commission on Wednesday (23 January) announced the plan as part of broader effort to fight crime, money-laundering, and tax evasion.

Maduro’s Fall Would Be a Defeat for Putin, Too

Three years later, India's bankruptcy reform languishes in courts

MUMBAI (Reuters) - When India introduced new bankruptcy resolution rules in 2016, government officials and investors said they expected debt-burdened state-owned banks to clear up some of their bad loans and create a dynamic market in restructured debt.

Ultimately, they said, they hoped the reform would remove an impediment to higher economic growth.

Almost three years later, those hopes have been badly dented. Litigation has tied down some big restructuring deals and bankers are starting to sell bad debts at fire sale prices rather than wait for the system to work better.

Law on renaming UOC-MP to apply to another four churches

Saturday, January 26, 2019

The Company They Keep: How Partisan Divisions Came to the Supreme Court


Are Supreme Court justices swayed by the political environment that surrounds them? Most people think "yes," and they point to the influence of the general public and the other branches of government on the Court. It is not that simple, however. 

As the eminent law and politics scholars Neal Devins and Lawrence Baum show in The Company They Keep, justices today are reacting far more to subtle social forces in their own elite legal world than to pressure from the other branches of government or mass public opinion. In particular, the authors draw from social psychology research to show why Justices are apt to follow the lead of the elite social networks that they are a part of. The evidence is strong: Justices take cues primarily from the people who are closest to them and whose approval they care most about: political, social, and professional elites. In an era of strong partisan polarization, elite social networks are largely bifurcated by partisan and ideological loyalties, and the Justices reflect that division. The result is a Court in which the Justices' ideological stances reflect the dominant views in the appointing president's party. Justices such as Clarence Thomas and Ruth Bader Ginsburg live largely in a milieu populated by like-minded elites. Today's partisanship on the Court also stems from the emergence of conservative legal networks such as the Federalist Society, that reinforce the conservative leanings of Republican appointees. For the Warren and Burger Courts, elite social networks were dominated by liberal elites and not divided by political party or ideology. A fascinating examination of the factors that shape decision-making, The Company They Keep will reshape our understanding of how political polarization occurs on the contemporary Supreme Court.

Шаловливые ручонки Чубайса

Axios AM Deep Dive

Huge Trove of Leaked Russian Documents Is Published by Transparency Advocates

Friday, January 25, 2019

Affirmative Traction: How inclusion has evolved since “I Have a Dream”

A mere 55 years since Dr. Martin Luther King Jr.’s famous “I Have a Dream” speech, the outlook of equal treatment in schools and the workplace continues to ebb and flow according to societal, cultural and political trends. While great strides have been made since 1963, certain sects of society have yet to realize unfettered, truly equal access to college admissions, promotions, or even a job in the first place.
Affirmative action, considered a dirty word by some, is consistently challenged in federal courts as being affirmatively unfair for those not chosen – all while issues like the gender pay gap and paid parental leave continue to befuddle lawmakers and employers alike. Rest assured that so long as corporations and governments need educated workers and laborers, the strive for equality will continue.

Which Countries Are Leading the Data Economy?

  • Bhaskar Chakravorti
  • Ajay Bhalla
  • Ravi Shankar Chaturvedi

  • Which countries are the top data producers? After all, with data-fueled applications of artificial intelligence projected, by McKinsey, to generate $13 trillion in new global economic activity by 2030, this could determine the next world order, much like the role that oil production has played in creating economic power players in the preceding century.

    While China and the U.S. could emerge as two AI superpowers, data sources can’t be limited to concentrations in a few places as we have with an oil-driven economy — it needs to be drawn from many, diverse sources and future AI applications will emerge from new and unexpected players. The new world order taking shape is likely to be more complex than a simple bi-polar structure, especially since data is being produced at a pace that boggles the mind.

    Beyond the Shutdown: The Trump-Pelosi Dynamic Defines Washington

    Backing down, Trump agrees to end shutdown without border wall money

    WASHINGTON (Reuters) - President Donald Trump agreed under mounting pressure on Friday to end a 35-day-old partial U.S. government shutdown without getting the $5.7 billion he had demanded from Congress for a border wall, handing a political victory to Democrats.
    The three-week spending deal reached with congressional leaders, quickly passed by the Republican-led Senate and the Democratic-controlled House of Representatives without opposition and signed by Trump, paves the way for tough talks with lawmakers about how to address security along the U.S.-Mexican border.

    Russian mercenaries reportedly in Venezuela to protect Maduro

    Russian private security contractors have travelled to Venezuela to provide security to the embattled president Nicolás Maduro, the Reuters news agency has reported.
    Citing three sources, the news agency said that the mercenaries are linked to the Wagner group, which has carried out missions in Ukraine and Syria and is now reportedly active in countries in Africa, too.
    If it is confirmed that contractors from the group traveled to Venezuela, this would be their first known deployment in the western hemisphere.

    Congressional leaders, Trump reach tentative deal to temporarily reopen government without wall funds, according to Hill officials


    Congressional leaders and President Trump have reached a tentative deal to temporarily reopen the government and continue talks on Trump’s demand for border wall money, Capitol Hill officials said Friday.
    With Trump’s approval, the pact would reopen shuttered government departments for three weeks while leaving the issue of $5.7 billion for the U.S.-Mexico border wall to further talks.
    The officials spoke on condition of anonymity to discuss private deliberations.

    Ukraine’s Presidential Race Will Be Fun

    Importance of PACE Azov resolution for Ukraine

    Irish data protection body says it is investigating Twitter GDPR breach

    DUBLIN (Reuters) - Ireland’s Data Protection Commission is investigating Twitter’s compliance with GDPR obligations to implement measures to ensure the safety and safeguarding of the personal data it processes, the commission said on Friday.

    “The DPC has this week opened a new statutory inquiry into the latest data breach it received from Twitter on 8 January, 2019,” said the commission in a statement posted on its website.

    Ukraine and China increased a trade volume to $ 8.82 billion over a period of 11 months of 2018

    Pavlo Rozenko about decision the Constitutional Tribunal of Poland: This decision opens up new opportunities for the continuation of dialogue

    Now we are mobilizing all the means to make Putin sit at the negotiating table - Ukrainian President

    Ukraine and Switzerland signed the Protocol on Avoidance of Double Taxation

    5 способів для компаній обмежити штрафи за порушення правил обробки персональних даних в ЄС

    5 Ways for Companies to Limit GDPR Penalties

    Posted in GDPR, Privacy
    EU data protection authorities are imposing increased penalties under the GDPR, with more proceedings forecast for 2019.
    The General Data Protection Regulation (GDPR) has been in effect since May 2018. Although the French data protection authority (CNIL) has imposed the highest fine to date — €50 million on 21 January 2019 — German federal data protection authorities have already imposed fines for GDPR infringements in 41 cases nationwide and say that they have “very many” additional fine proceedings in progress. This first wave of fines has come from five German authorities, with 11 authorities having not yet imposed any fines under the GDPR.

    Franchising in the USA


    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.

    2016
    2017 (forecast)
    Number of outlets
    732,800
    744,400
    Number of employees
    7.64 million
    7.89 million
    Output
    $674 billion
    $710 billion
    Gross domestic product
    $405 billion
    $426 billion
    These figures are forecast to increase in 2017 and 2018.

    Постанови Великої Палати Верховного Суду у цивільних справах класифіковані за категоріями

    Thursday, January 24, 2019

    PACE recognizes captured Ukrainian sailors as prisoners of war

    Большой новый проект: начинаем войну за вашу зарплату

    Луценко: Янукович мне сказал: "Шо ты, сука, знаешь про чифирь? Такие, как ты, у меня на лагере сопли мертвяков сосали!":

    Ousted Ukrainian Leader Yanukovych Found Guilty of Treason

    A Kiev court found ex-Ukrainian leader Viktor Yanukovych guilty in absentia of treason in the wake of the country’s deadly revolution in 2014.
    The conviction relates to a letter Yanukovych allegedly sent to President Vladimir Putin five years ago requesting he send Russian troops to Ukraine to assist his government. Kremlin-backed Yanukovych, who fled to Russia following the demonstrations, has repeatedly professed his innocence.

    Yanukovych contributed to Russia's occupation of Crimea - court

    Erdoğan, Putin reaffirm 'joint fight' in Syria's Idlib

    Turkish President Recep Tayyip Erdoğan and his Russian counterpart Vladimir Putin held their first face-to-face meeting of 2019 on Jan. 23.
    “Our joint fight against terrorist organizations in Syria's Idlib will continue,” Erdoğan said in a joint news conference in Moscow.
    "It is critically important that a vacuum during the U.S. withdrawal [from Syria], which can be exploited by terrorists, doesn't form," Erdoğan went on to say.

    EBRD supports largest windfarm in Ukraine

    Disinformation Review

    Wednesday, January 23, 2019

    Property taxes in California

    In California, real property, possessory interests, and personal property are subject to property tax. Under Proposition 13, real property is reassessed to current market value (base-year value) only on a change of ownership or completion of new construction (Cal. Const. art. XIII A, § 2). Annual increases in the base-year value are limited to a maximum of 2%, except when property changes ownership or undergoes new construction (Cal. Rev. & Tax. Code 51(a)(1)(D)). Changes of control of legal entities owning real property may result in change of ownership requiring reassessment, unless an exclusion or exemption applies (Cal. Rev. & Tax. Code § 64). The primary valuation methods include:

    Ukrainian agricultural exports hit record high of $18.8 bln in 2018

    The Ukrainian central bank has made strong progress in improving its transparency during a highly challenging operating environment

    З 1 січня 2019 року більше 90% радянських ГОСТів втратили чинність в Україні

    Trump’s Lawyer Said There Were “No Plans” For Trump Tower Moscow. Here They Are.


    The plan was dazzling: a glass skyscraper that would stretch higher than any other building in Europe, offering ultra-luxury residences and hotel rooms and bearing a famous name. Trump Tower Moscow, conceived as a partnership between Donald Trump’s company and a Russian real estate developer, looked likely to yield profits in excess of $300 million.
    The tower was never built, but it has become a focal point of the investigation by special counsel Robert Mueller into Trump’s relationship with Russia in the lead-up to his presidency.

    Outbreak of violence against participants in Euromaidan coincided with arrival of FSB personnel in Kyiv — Lutsenko