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Abstract

The ancient history of the concept of condominium and the particular attitude towards the right of ownership of an apartment has attracted worldwide recognition for this type of property. The concept of condominium is based on three components: (1) individual ownership of an apartment; (2) joint possession of common property of a plot of land and parts of a building; and (3) membership in an owners’ association. An apartment in a condominium is an exception to the principle of superficies solo cedit in property law. In this case, the rights of ownership of owners of apartments in a condominium—the rights of ownership of a number of persons—are accumulated with regard to a plot of land. This article analyses, on the one hand, the peculiarities of apartment ownership in condominiums, Georgian legislation—which is the result of the reception of German civil law, and, on the other hand, the court practice developed on these issues in Georgian law.

Abstract

Researchers have acknowledged that the flow of knowledge is influenced by the non-structural and structural features of networks. This paper aims to further develop an understanding of the institutional and structural features of knowledge networks by relating the brokerage roles of actors to the types and locations of organisations in biotechnology and software networks. The study is set within the context of the European Union (EU) research and innovation policy. It is designed as a social network analysis of EU research projects in biotechnology and software that took place between 1995 and 2016, wherein organisations from the Baltic States participated. The results of the study revealed that higher education and research organisations and public bodies acted as the main knowledge brokers and brokered more frequently across different regions in biotechnology networks. In software, it was the universities and research organisations that fulfilled this role. Thus, this study contributes to an understanding about the institutional and structural aspects of knowledge networks by focusing on brokers and their brokerage roles and relating these factors to specific organisation types and the locations of actors within the two sectors. It also adds the empirical context of the Baltic States in the areas of biotechnology and software collaborative research projects to the studies of knowledge networks, and offers practical suggestions for implementing collaborative research projects.

Abstract

In February 2015 the UK TV station Channel 4 started screening James Bluemel’s series “The Romanians Are Coming”, a three-part documentary film about “the lives of poor Romanian people who seek work in Great Britain, seen through the eyes of the British people”. This documentary provoked strong opposition from some Romanian politicians and mass media outlets. In the UK the reaction was a contrasting one: sympathy, understanding and compassion. We showed the series to three Romanian university classes in 2017-18 and the students largely had a negative reaction similar to that of those Romanian commentators. A standard content analysis of the film, however, suggests that it gives a positive image of Romanian immigrants in the UK. Despite this, our audiences tended to form a negative perception of the film. We attribute this disparity to the wording of its title activating two classical stereotypes: that Romanians are often Roma, and that poor people are a source of social problems. The film as a whole in fact projects an opposite message, but once these stereotypes have been activated the content is automatically perceived as negative.

Abstract

The article discusses the latest wave of the higher education quality assurance (QA) reform, implemented by the Government of Georgia in response to its obligations envisaged by the EU–Georgia Association Agreement and its consequent Association Agenda 2017–2020. We argue that Eu conditionality was a major driving factor for the modernization of Georgian QA system according to the European Standards and Guidelines for Quality Assurance (ESG 2015), and even though the reform was mostly implemented in the framework of the country’s EU integration, an expected reward in the form of the membership of the European Association for Quality Assurance in Higher Education (ENQA) granted to the national Center for Educational Quality Enhancement (NCEQE) of Georgia was the major driving force for implementing the reform successfully. While this reward-driven reform has resulted in the ENQA membership, it has not inevitably led to building a sustainable, independent and development-oriented external quality assurance system for the enhancement of Georgian higher education. Therefore, the entire QA reform was merely aimed at “talking the EU talk” (Schimmelfennig & Sedelmeier, 2005, p. 27) by the Georgian government instead of actually being focused on the development of internal “quality culture” in Georgian higher education institutions.

Abstract

In view of the fact that technological progress is in a constant state of change, current research efforts are directed towards blockchain technology and cryptocurrencies. Starting with the description of the way blockchain technology operates, the notions of decentralisation, proof-of-work consensus, and practical immutability are explained. Further, the article examines the possibility of using cryptocurrency in order to pay remuneration, realise partial non-cash payment of remuneration or grant an award to an employee. This article presents evidence that demonstrates that remuneration in the framework of the employment relationship in Poland cannot be paid in cryptocurrency, which contributes to the performance of the protective function of labour law. The article concludes that a collective labour agreement could include a clause allowing the employer to realise partial non-cash payment of remuneration in cryptocurrency. Similar provisions could be introduced in labour law, but the Polish legislator has never adopted such a measure. The authors highlight, however, that an award can be paid in cryptocurrency even in the full amount. Next, the authors research the new tax regulations in force in Poland since 1 January 2019 and explain why it is conceptually more convincing to classify revenues from cryptocurrency trading as revenues from money capital and revenues from capital gains than as property rights. The article presents a definition of the disposal for valuable consideration of a virtual currency. The purpose of this article is also to study how high is the income tax on income earned from the disposal for valuable consideration of virtual currencies. Moreover, an overview of the legislation related to tax-deductible expenses is provided. Finally, some reflections on the cryptocurrency trading in the context of the pursuit of an economic activity are given. The review especially highlights the Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, and the judgment of the CJEU of 22 October 2015 (Skatteverket v. David Hedqvist [2015], case C-264/14), which has impacted the approach to the VAT problem in Poland.

Abstract

Deriving from the internal structure of Article 6 of the EU Anti-Tax Avoidance Directive, the abuse of tax law is overcome in two stages—elimination and requalification. While the elimination stage (addressing how not to tax) is harmonized by the EU for the purpose of fighting against aggressive tax planning, the requalification stage (addressing how to tax then) remains under the sovereignty of Member States. Applying such a two-level mechanism becomes problematic if there is a mismatch between these two stages so that the harmonized GAAR requires elimination of an arrangement, but the domestic law does not provide an alternative basis for taxation of it. This raises a question of whether Article 6 of the ATAD requires the Member States to impose new taxable objects regardless of the literal interpretation of Article 6(3) which recognizes the full sovereignty of Member States to decide what to tax. By applying interpretation methods used by the CJEU in its case-law—i.e., literal, contextual, teleological and comparative—the author argues that the answer to this question is “no”. This is supported by all the interpretations under the above method, while the dysfunctionality of these two stages could be overcome by treating the economic reality test as an objective test regardless of the notion of “commercial reasons” used in Article 6(2).

Abstract

Preparing for elections during election campaigning has been topical in every era. In the 19th century, new methods for carrying out election campaigns were developed in the United States. The Americanization of election campaigns is characterized by political personalization, the special role of the media in a pre-election period, brittle ideological grounds and particular specialization of the political campaign. A plethora of different concepts have been coined to explain this process, including ‘Americanization’ and ‘professionalization’. As the uS is identified as the origin of election campaigning trends, these assumed convergences came to be known in academic writing as ‘Americanization’. Election campaigning was in need of professionals hired to navigate the campaign’s strategy. With the emergence of campaign advisors, the term ‘professionalization’ was introduced.

In Georgia, the first steps on the way to statehood were made at the beginning of the 1990s, following the 70 years of Soviet rule. in post-Soviet Georgia, multiparty and competitive elections enabled political parties to use foreign experience in political campaigning. The goal of the present article is to define the existing election campaign model in Georgia, and especially, to examine the tendencies of Americanization in the election campaigns in Georgia in the period of 1990–2016. According to the research hypothesis, the weak institutionalization of the party system creates a favorable ground for the Americanization of political campaigning. in the 1990s, the weak representativeness of Georgian parties played an important role in political campaigning since the very beginning. in the research process, the characteristics of political campaigns in post-Soviet Georgia were analyzed.

This study makes use of qualitative research methods, including: (a) expert interviews with political consultants; (b) in-depth interviews with representatives of political parties; and (c) in-depth interviews with the selected electorate. Qualitative research methods were chosen for the work for the purpose of understanding the tendencies of the Americanization of election campaigning in Georgia from the respondents’ perspective. Qualitative methods are more explicit and descriptive, and by gathering responses like these, it is possible to gain a deeper understanding of the subject.

Abstract

The present article is devoted to the research on the admissibility of expulsion of a partner from a limited liability company (LLC) based on the ground that is not envisaged in the charter, and on respective dogmatic normative grounds in Georgian law. The importance of research in legal studies and judge-made law1 is revealed in the fact that the situation in which the action of a partner is directed against the interests of the company and becomes an obstacle for the achievement of a common goal, and it becomes impossible to retain the partner remains outside of Georgian normative reality. The aim of the research requires an analysis of German law, assimilated in the context of the Georgian solution, as well as the description of civil legal grounds for exclusion and prerequisites for admissibility, a study of the legal nature of the society and dogmatic support to the application of the civil law regime for the termination of long-term contractual relations. The suggested Georgian solution in this matter shares the spirit of German law policy; however, it is outstanding in its individuality.

Abstract

The issue of global economic inequality has inspired researchers to explore the potential connection between income inequalities and foreign direct investment (FDI), as it is one of the driving forces of globalization. Although there is a large body of theoretical as well as empirical studies linking these variables, the empirical literature on the relationship between FDI, production factors productivity and income inequalities is not conclusive because most scientists treat FDI as uniform. Therefore there is a lack of reliable empirical evidence on the distributional effects of FDI, especially in emerging countries, such as in Central and Eastern Europe (CEE). The research presented in the article fills this gap.

The aim of the study is to analyze the impact of the inflow of foreign direct investment on the productivity of production factors (labor, capital and total factor productivity) and income inequality of households in four Central and Eastern European countries (Poland, the Czech Republic, Slovakia and Hungary) in the period 1990–2016. The four countries were selected for analysis as a classic example of European countries transforming their economic structures and similar in terms of the level of economic development. In turn, the choice of the analysis period was related to the availability of necessary statistical data.

According to the theory of economics, the inflow of foreign direct investment should have a positive impact on production factors productivity as well as on income inequalities of households in investment receiving countries. In the study, a research method based on the study of economic literature in macroeconomics and international finance and econometric methods (vector autoregression models—VAR) was used. Results of the research suggest a significant and positive impact of greenfield investment inflow on labor productivity and total factor productivity, as well as a positive impact of brownfield investment inflow (mergers and acquisitions) on capital productivity in countries receiving investments. Moreover, the results also revealed the lack of a statistically significant impact of greenfield and brownfield investment on income inequalities in all of the examined countries. The statistical data used in the study came from the statistical databases of the Organization for Economic Cooperation and Development (OECD), the World Bank (World Development Indicators), World Income Inequality Database (United Nations University World Institute for Development Economics Research) and Total Economy Database (The Conference Board of Canada).