Jul 2026· Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)· Vol 30· 0 citations
Abstract
This article examines the influence of management science on the formulation of business law, by highlighting the interactive relationship between the evolution of management theories and the transformations in the legal regulation of business and economic activities. It demonstrates that the transition from the traditional concept of management to modern management science—based on planning, decision-making, control, and performance analysis—has given rise to new regulatory needs that have necessitated the development of legal rules consistent with the requirements of economic efficiency and corporate governance. The article also explains that globalization and economic and technological changes have contributed to the reshaping of sources of legislation, and that management science has become one of the influential references in the formulation of business law rules, particularly in the field of corporate law. It concludes that the relationship between management science and private law is one of complementarity and mutual influence, in which each draws on the other to strike a balance between the requirements of economic efficiency and the guarantee of legal certainty, thereby enhancing the ability of legislation to keep pace with the transformations taking place in the business environment.
The article is devoted to a comprehensive study of the legal issues arising from interaction between the state and business under martial law in Ukraine, as well as to identifying the main directions for improving the relevant legal regulation. The key challenges in the fields of tax regulation, enterprise relocation, public-private partnership, state supervision (control), the defense-industrial complex, and the legal security of business are analyzed.
It is established that the temporary tax regulation instruments introduced under martial law have given rise to a number of systemic contradictions related to tax stability, the exercise of discretionary powers by controlling authorities, and ensuring an adequate level of tax compliance. The normative fragmentation of the regulation of enterprise relocation is examined, manifested in the absence of uniform approaches to determining the status of relocated business entities, procedures for their support, and the protection of property rights. The expediency of introducing the principles of differentiated and flexible regulation (agile regulation), as well as legislative consolidation of a classification of relocation cases, is substantiated.
The conceptual innovations of the Law of Ukraine No. 4840-IX “On the Fundamental Principles of State Supervision (Control)” are analyzed, in particular the introduction of a risk-based approach, digitalization of administrative procedures, and the institution of an audit of the state of business activity of an economic entity. Special attention is paid to the development of legal regulation in the field of public-private partnership and the defense-industrial complex, including the mechanism of combat testing of innovative defense products and the formation of an intellectual property management system in the defense sector.
It is determined that, under martial law, the problem of raiding acquires particular relevance, as it is transformed under the influence of economic digitalization, business relocation, and the development of artificial intelligence technologies. The conclusion is drawn that there is a need to form a comprehensive system of legal protection for business, combining corporate-law, procedural, registration, and cybersecurity mechanisms to counter unlawful business takeovers.
P. Pokotilov, O. V. Garahonych· Analytical and Comparative J...· 1 citation
The relevance of the research is
determined by a significant increase in the number
of bankruptcy cases and the formation of new
approaches by the Supreme Court of the Russian
Federation in 2025–2026, which fundamentally
alter the legal environment for participants in
entrepreneurial relations. Furthermore, the higher
judicial authority has recently established the
institute of subordination of claims by affiliated
creditors, which holds critical significance for civil
law contractual regulation. Purpose: to study the
current state of civil law contractual regulation in
the context of an increasing number of bankruptcy
risks and the circumstances influencing its
transformation. Methods: utilizing systematic
and formal-logical methods, an examination of
judicial practice materials is conducted, based
on which relevant conclusions are drawn and
practical recommendations are formulated using
the method of generalization. The nature of civil
law contracts and civil law contractual regulation
is analyzed using the dogmatic method, revealing
its characteristics. Additionally, employing the
legal forecasting method, trends and prospects
for the further development of judicial practice
in the field of civil law contractual regulation of
entrepreneurial relations are identified. Results:
based on the conducted research on the limits of
contractual freedom within entrepreneurial legal
relations amid the risk of potential bankruptcy of
the counterparty, this article formulates practical recommendations aimed at minimizing the
risks of contesting contracts at each stage of the
contractual process.
A. Alimgafarova· The rule-of-law state: theor...· 0 citations
The article examines the relationship between management and administrative practices and the economic development of the United States. The relevance of the study is determined by rapid technological advancements, the need to optimize management processes, and the enhancement of innovation performance across economic sectors. The study employs an integrated and systemic approach, econometric modeling, SWOT analysis, KPI assessment, process reengineering, and productivity evaluation. Particular attention is given to O. Likhota’s practical research on the integration of digital technologies and motivation systems into management processes. The research indicates that high-tech companies implementing digitalization, flexible structures, reengineering, and motivation systems demonstrate an 18–22% increase in productivity and a 15–20% growth in innovation activity. Traditional manufacturing enterprises achieve 8–12% productivity gains, while government agencies reduce program implementation time by 20–25%. A systemic approach ensures effective coordination of processes and enhances organizational competitiveness. The results provide guidelines for optimizing management and administrative practices, improving resource efficiency, fostering innovation, and enhancing economic performance in organizations across the United States.
Oleksii Biriukov· Baltic Journal of Legal and...· 0 citations
The paper presents a comprehensive analysis of the transformation of the law-making function of international organizations, reveals the dialectic of the relationship between formal legitimacy and the actual effectiveness of their acts. It is proved that the evolution of theoretical approaches to the law-making of international organizations has gone from a contractual analogy through the theory of delegation to the concept of international legislation. It has been established that in modern conditions, the formal legal force of acts of international organizations does not always determine their actual effectiveness, namely the instruments of «soft» law often demonstrate a high degree of influence on the behavior of subjects of international law. The study, based on a set of general scientific and special legal methods, analyzes the law-making activities of key international organizations (UN, WHO, ILO, ICAO, OECD) and the problem of the legal validity of their acts. Special attention is given to the ultra vires doctrine and mechanisms for ensuring the effectiveness of advisory acts. Modern trends in the law-making activities of international organizations have been identified: the diversification of forms of rulemaking, the strengthening of technocratic elements, the interpenetration of regulatory regimes, the increasing role of regional organizations and non-state actors, the deformation of law-making procedures and increased attention to issues of legitimacy. The author concludes that it is necessary to find a balance between the effectiveness, legitimacy and flexibility of international rulemaking in the context of global challenges and fragmentation of international law.
The purpose of the study is to deepen the theoretical foundations for assessing the impact of foreign economic activity on the choice of an enterprise corporate strategy. The object of the study is the process of forming a corporate strategic choice under the influence of the nature, intensity and structural complexity of the enterprise foreign economic activity. The article substantiates that foreign economic activity should not be considered solely as a set of export, import or investment operations, since its development changes the market position of the enterprise, the structure of resources, the nature of organisational interaction, the risk system and the requirements for corporate governance. The strategy of foreign economic activity and the corporate strategy are distinguished, and the nature of their relationship is determined. The market, resource, organisational, institutional and security directions of influence are systematised. It is proposed to consider assessment as a theoretical and analytical process of determining the strategic significance of changes rather than as a mechanical aggregation of individual quantitative indicators. A system of qualitative assessment criteria is formed, covering the scale of international presence, the nature of competitive advantages, resource dependence, organisational readiness, institutional compatibility, risk controllability and compliance with the long-term goals of the enterprise. Typical configurations of foreign economic activity are identified and their relationship with concentration, stabilisation, market development, related diversification, vertical integration and international portfolio development strategies is theoretically substantiated. A conceptual model is developed that combines the characteristics of foreign economic activity, directions of strategic influence, assessment criteria, coordination of alternatives and the choice of corporate strategy. The practical significance of the results lies in the possibility of using them as a theoretical basis for strategic analysis and management decision-making at enterprises.
Taras Hrynchuk· Scientific Notes of Lviv Uni...· 0 citations
Legal reform is an important way to create regulatory certainty which improves the investment climate and business governance in Indonesia. Yet complexity and disharmony in regulation, inconsistent policy implementation and weak institutional coordination still hinder legal certainty for businesses. The objective of this research is to analyse the implementation of legal reforms in achieving regulatory certainty, to determine the impact of the legal reform on the investment climate and business governance in Indonesia. The research uses a normative legal research approach with descriptive-analytical specifications through legislative, conceptual, and analytical approaches. The data used is in the form of secondary data obtained through literature studies, then analyzed qualitatively through the interpretation and synchronization of laws and regulations. The results of the study show that legal reform has encouraged the simplification of regulations, digitization of services, and improvement of the licensing system, but its effectiveness is still constrained by regulatory disharmonization, inconsistency of implementation, and weak institutional coordination. Regulatory certainty has been proven to increase investor confidence, support ease of doing business, strengthen the implementation of good governance, and increase national investment competitiveness. Therefore, strengthening regulatory harmonization, consistency of law enforcement, and institutional reform are the main prerequisites in creating a sustainable investment climate and more effective governance of the business world.
Ali Huristak Hartawan Hasibuan, Nur-amimi Tahe· Jurnal Pembangunan Hukum Ind...· 0 citations
