This document discusses several legal requirements for operating a tourist business in Belarus:
1. Websites and servers must be hosted in Belarus using domain zones ".by" or ".бел" and registered with the state organization BelGIE. Fines can be issued for non-compliance.
2. Personal data of customers can only be collected and processed with their consent. Operators must provide customers with information on data collection and processing. Cross-border data transfers are allowed if mentioned in the consent. Fines can be issued for violations.
3. Advertising must follow regulations regarding language, content, and design. Only Belarusian service providers can be used. Responding to customer appeals within set timeframes is
Baby Steps of Competition Law Jurisprudence in Pharmaceutical Sector - K.K. S...KK SHARMA LAW OFFICES
November and December 2016 have seen a good number of orders by COMPAT. It was a culmination of a large number of hearings in the preceding months. One of the orders passed by COMPAT in concluding month of preceding year was in
pharmaceutical sector. Although only one order but it disposed of more than one appeals pending before COMPAT. Despite being voluminous, this order barely goes into the details of the issues. Only two aspects- poor investigation and
mechanical acceptance of the report by the Commission-proved to be the nemesis of all the labour and deliberations of the lower authorities for more than four years.
The order, once again (as if it was needed ), etches in bold relief the basic dictum that ‘principles of natural justice’ are inviolable. What this COMPAT order says is that unless investigation is up to the mark and if the investigation which is not up to the mark is not made up to the mark by the Commission by using is authority, there is hardly any future for any outcome arising from such deliberations.
The author who not only was closely involved in drafting of regulations for the functioning of the Commission but also developed the Antitrust Division of CCI to successfully deal with the reports of DG and take it to logical conclusion discusses the order passed by COMPAT.
Conditional merger approvals in Polish legislation and decision-making practi...Michal
A meeting of the CARS Open PhD Seminar took place on 16 November 2010.
It was dedicated to the basic problems arising in relation to conditional merger
decisions in Poland. The opening speech delivered by Professor Tadeusz Skoczny
was based on his research study concerning the quantitative and qualitative analysis
of the decision-making practice of the Polish Competition Authority with respect to
conditional merger decisions.
Is the parallel competence set out in regulation 12003 totally clear. case co...Michal
With a motion dated 28th of April 2005 submitted to the President of the Office of
Competition and Consumer Protection (in Polish: Prezes Urzędu Ochrony Konkurencji
i Konsumentów; hereafter, UOKiK President), Tele2 Polska Sp. z o.o. (currently:
Netia S.A., hereafter, Applicant) requested the initiation of antitrust proceedings
against Telekomunikacja Polska S.A. (hereafter, TP). The Polish incumbent, TP, was
alleged to have engaged in practices restricting competition covered by Article 8(1)
and 8(2)(5) of the Act on Competition and Consumer Protection of 15th December
2000 (hereafter, Competition Act 2000) and in Article 82 of the Treaty establishing
European Community (hereafter, TEC), presently, Article 102 of the Treaty on the
functioning of the European Union (hereafter, TFEU).
Baby Steps of Competition Law Jurisprudence in Pharmaceutical Sector - K.K. S...KK SHARMA LAW OFFICES
November and December 2016 have seen a good number of orders by COMPAT. It was a culmination of a large number of hearings in the preceding months. One of the orders passed by COMPAT in concluding month of preceding year was in
pharmaceutical sector. Although only one order but it disposed of more than one appeals pending before COMPAT. Despite being voluminous, this order barely goes into the details of the issues. Only two aspects- poor investigation and
mechanical acceptance of the report by the Commission-proved to be the nemesis of all the labour and deliberations of the lower authorities for more than four years.
The order, once again (as if it was needed ), etches in bold relief the basic dictum that ‘principles of natural justice’ are inviolable. What this COMPAT order says is that unless investigation is up to the mark and if the investigation which is not up to the mark is not made up to the mark by the Commission by using is authority, there is hardly any future for any outcome arising from such deliberations.
The author who not only was closely involved in drafting of regulations for the functioning of the Commission but also developed the Antitrust Division of CCI to successfully deal with the reports of DG and take it to logical conclusion discusses the order passed by COMPAT.
Conditional merger approvals in Polish legislation and decision-making practi...Michal
A meeting of the CARS Open PhD Seminar took place on 16 November 2010.
It was dedicated to the basic problems arising in relation to conditional merger
decisions in Poland. The opening speech delivered by Professor Tadeusz Skoczny
was based on his research study concerning the quantitative and qualitative analysis
of the decision-making practice of the Polish Competition Authority with respect to
conditional merger decisions.
Is the parallel competence set out in regulation 12003 totally clear. case co...Michal
With a motion dated 28th of April 2005 submitted to the President of the Office of
Competition and Consumer Protection (in Polish: Prezes Urzędu Ochrony Konkurencji
i Konsumentów; hereafter, UOKiK President), Tele2 Polska Sp. z o.o. (currently:
Netia S.A., hereafter, Applicant) requested the initiation of antitrust proceedings
against Telekomunikacja Polska S.A. (hereafter, TP). The Polish incumbent, TP, was
alleged to have engaged in practices restricting competition covered by Article 8(1)
and 8(2)(5) of the Act on Competition and Consumer Protection of 15th December
2000 (hereafter, Competition Act 2000) and in Article 82 of the Treaty establishing
European Community (hereafter, TEC), presently, Article 102 of the Treaty on the
functioning of the European Union (hereafter, TFEU).
Dear Sir/Madam
Further to my letter dated 25th Feb 14.
The issuing of the amended judgment constitutes an error in law.
The basis is: please refer to the attached judgment CSIB 331 2009.doc
and The rules of procedure “Tribunals, Courts and Enforcement Act 2007” below
Part 10 Review of decision of Upper Tribunal
(1) The Upper Tribunal may review a decision made by it on a matter in a case, other than a decision that is an excluded decision for the purposes of section 13(1) (but see subsection (7)).
(2) The Upper Tribunal's power under subsection (1) in relation to a decision is exercisable—
(a) of its own initiative, or
(b) on application by a person who for the purposes of section 13(2) has a right of appeal in respect of the decision.
(4) Where the Upper Tribunal has under subsection (1) reviewed a decision, the Upper Tribunal may in the light of the review do any of the following—
(a) correct accidental errors in the decision or in a record of the decision;
(b) amend reasons given for the decision;
(c) set the decision aside.
Under rule 10 (4) correction may only be made after a review of the decision the amended judgment is therefore invalid.
Yours Faithfully
Douglas
Intersection between the activities of two regulators – shall prior actions t...Michal
The commented judgment of the Polish Supreme Court concerns Telekomunikacja
Polska S.A. (hereafter, TPSA)1 and the fines imposed upon the incumbent operator
by the President of the Office of Competition and Consumer Protection (in Polish:
Urząd Ochrony Konkurencji i Konsumentów; hereafter, UOKiK) for the abuse of its
dominant position. TPSA is a Polish telecoms provider formally established in 1991.
It is a public company – its shares are traded on the Warsaw Stock Exchange with the
controlling stake owned by France Télécom2. TPSA is often the subject of competition
law decisions issued not only by the UOKiK President but also by the European
Commission, particularly with respect to dominant position abuse
Agata Jurkowska-Gomułka (ed.), Orzecznictwo sądów wspólnotowych w sprawach ko...Michal
The publication under review here edited by Dr. Agata Jurkowska–Gomułka from
the University of Warsaw (Centre for Antitrust and Regulatory Studies) is a collection of
case studies concerning European competition law prepared by a number of individual
authors both academics and practitioners. As a presentation of landmark judgments
of EU courts, it is a continuation of the 2007 publication entitled: Jurisprudence of
the European Community Courts in competition matters in years 1964- 2004 edited
by Professor Tadeusz Skoczny and Dr. Agata Jurkowska (hereafter, Volume I). The
current book (hereinafter, Volume II), commences with 1 May 2004 – an important
date for this publication for two key reasons: first, because of its correlation with
Poland’s EU accession and second, because of its correlation with the entry into force
of Regulation 1/2003. However, the presented judgments do not refer to Regulation
1/2003 primarily due to the lengthy nature of judicial proceedings. There was thus
no chance, before the publication of Volume II, to discuss any jurisprudence based
on this act.
Flanders Investment & Trade (FIT) is a government agency that supports companies from abroad setting up in Flanders.
This brochure offers potential investors an overview on how to set up their business in Flanders.
Find our experienced staff in your country, FIT has about 70 regional offices worldwide.
Or contact FIT HQ +32 2 504 87 11, invest@fitagency.be
http://www.investinflanders.be
Asia Counsel Insights provide readers a punchy update on legal and business developments in Vietnam. This edition has news on transportation mobile applications; higher education transparency measures and bancassurance.
Asia Counsel Insights provide readers an update on legal and business developments in Vietnam.
In this edition, we provide a summary of (a) the new decree regulating e-commerce businesses taking effect from 1 January 2022; (b) the new decree on security transactions; and (c) Government relief for Covid-19 affected businesses.
Asia Counsel is a dynamic international corporate and commercial law firm dedicated to serving clients in Vietnam. Our partners have over ten years of experience in working on complex and challenging matters in Vietnam. We have prepared this briefing on Retail and Distribution in Vietnam following the recent introduction of Decree 09/2018/ND-CP of the Government dated 15 January 2018 which changes the regulatory landscape for retail and distribution in Vietnam.
Dear Sir/Madam
Further to my letter dated 25th Feb 14.
The issuing of the amended judgment constitutes an error in law.
The basis is: please refer to the attached judgment CSIB 331 2009.doc
and The rules of procedure “Tribunals, Courts and Enforcement Act 2007” below
Part 10 Review of decision of Upper Tribunal
(1) The Upper Tribunal may review a decision made by it on a matter in a case, other than a decision that is an excluded decision for the purposes of section 13(1) (but see subsection (7)).
(2) The Upper Tribunal's power under subsection (1) in relation to a decision is exercisable—
(a) of its own initiative, or
(b) on application by a person who for the purposes of section 13(2) has a right of appeal in respect of the decision.
(4) Where the Upper Tribunal has under subsection (1) reviewed a decision, the Upper Tribunal may in the light of the review do any of the following—
(a) correct accidental errors in the decision or in a record of the decision;
(b) amend reasons given for the decision;
(c) set the decision aside.
Under rule 10 (4) correction may only be made after a review of the decision the amended judgment is therefore invalid.
Yours Faithfully
Douglas
Intersection between the activities of two regulators – shall prior actions t...Michal
The commented judgment of the Polish Supreme Court concerns Telekomunikacja
Polska S.A. (hereafter, TPSA)1 and the fines imposed upon the incumbent operator
by the President of the Office of Competition and Consumer Protection (in Polish:
Urząd Ochrony Konkurencji i Konsumentów; hereafter, UOKiK) for the abuse of its
dominant position. TPSA is a Polish telecoms provider formally established in 1991.
It is a public company – its shares are traded on the Warsaw Stock Exchange with the
controlling stake owned by France Télécom2. TPSA is often the subject of competition
law decisions issued not only by the UOKiK President but also by the European
Commission, particularly with respect to dominant position abuse
Agata Jurkowska-Gomułka (ed.), Orzecznictwo sądów wspólnotowych w sprawach ko...Michal
The publication under review here edited by Dr. Agata Jurkowska–Gomułka from
the University of Warsaw (Centre for Antitrust and Regulatory Studies) is a collection of
case studies concerning European competition law prepared by a number of individual
authors both academics and practitioners. As a presentation of landmark judgments
of EU courts, it is a continuation of the 2007 publication entitled: Jurisprudence of
the European Community Courts in competition matters in years 1964- 2004 edited
by Professor Tadeusz Skoczny and Dr. Agata Jurkowska (hereafter, Volume I). The
current book (hereinafter, Volume II), commences with 1 May 2004 – an important
date for this publication for two key reasons: first, because of its correlation with
Poland’s EU accession and second, because of its correlation with the entry into force
of Regulation 1/2003. However, the presented judgments do not refer to Regulation
1/2003 primarily due to the lengthy nature of judicial proceedings. There was thus
no chance, before the publication of Volume II, to discuss any jurisprudence based
on this act.
Flanders Investment & Trade (FIT) is a government agency that supports companies from abroad setting up in Flanders.
This brochure offers potential investors an overview on how to set up their business in Flanders.
Find our experienced staff in your country, FIT has about 70 regional offices worldwide.
Or contact FIT HQ +32 2 504 87 11, invest@fitagency.be
http://www.investinflanders.be
Asia Counsel Insights provide readers a punchy update on legal and business developments in Vietnam. This edition has news on transportation mobile applications; higher education transparency measures and bancassurance.
Asia Counsel Insights provide readers an update on legal and business developments in Vietnam.
In this edition, we provide a summary of (a) the new decree regulating e-commerce businesses taking effect from 1 January 2022; (b) the new decree on security transactions; and (c) Government relief for Covid-19 affected businesses.
Asia Counsel is a dynamic international corporate and commercial law firm dedicated to serving clients in Vietnam. Our partners have over ten years of experience in working on complex and challenging matters in Vietnam. We have prepared this briefing on Retail and Distribution in Vietnam following the recent introduction of Decree 09/2018/ND-CP of the Government dated 15 January 2018 which changes the regulatory landscape for retail and distribution in Vietnam.
Company establishment by foreign enterprises in Hungary in 2016Accace
Domestic investments by foreign citizens are protected and ensure legal security by the Hungarian law. This includes equality with local citizens, so foreign companies treated equally by the matter of company formation and subjected to equal treatment by company share. In our recent newsletter we are going to discuss the details of requirements, taxation and expenses about local companies established by foreign businesses.
Asia Counsel Insights gives readers a concise insight into legal and business developments in Vietnam. This edition has news on the decree on sports business, businesses that require a public security and order license and the cybersecurity decree.
Tal ron drihem and co - LAC 2017 - Clarifying the situation: Legal responsibi...iGB Affiliate
This year has already proven that the forex and binary industries are not about to stabilise from a regulatory point of view.
Leading Financial and Gaming Attorney Tal Itzhak Ron, Chairman and CEO of Tal Ron, Drihem and Co. will present a hands-on workshop to provide clarity over recent developments and uncertainties.
What is happening in the global binary options regulation space?
Are affiliates legally liable to brokers' issues with traders?
Content and "Character" Affiliates and deceptive marketing
Court rulings you should know about
Affiliate and IBs responsibilities comparison
Similar to Legal aspects-of-doing-tourist-business-in-belarus (20)
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
1. Legal Aspects of Doing
Tourist Business in Belarus
MikhailKhodosevich
2. Intro
Alongside with investment and incorporation issues of
the tourist business in Belarus, investors face a wide
range of “hidden” legal questions that each Belarus-
based business entity providing services to individuals
shall comply with regardless of the state of origin of
their capital.
In general, these issues are not so difficult, as, for
example, obtainment of the resident status in a Free
Economic Zone, however, compliance with these
requirements can help eliminate risks of unnecessary
attention of antitrust and consumer protection
authorities.
3. Use
of the national segment of Internet and server
location requirements
For sale of goods and services via Internet Belarusian business entities shall use
only servers located in Belarus and websites in domain zones “.by” or “.бел”
hosted in Belarus. This also concerns cases when a business entity has a
“business card” website for presentation of its services and advertising.
Additionally, a website shall be registered as an information resource by a state
organization BelGIE. This procedure can be performed by your hosting service
provider via your personal hosting account. The registration fee is 21 BYN
(approx.7,5 EUR), and the registration process takes up to 15 calendar days. The
registration status of all websites can be checked here
(http://belgie.by/ru/registration).
Possible sanctions for violation of these requirements: a fine amounted from 10
to 30 basic values (approx. from 95,50 EUR to 287 EUR).
Note: If you are going to open an Internet shop, you need to pass an
additional registration step in the Trade Register performed your local
executive committee. Registration is free of charge and takes up to 5 business
days after the application submission.
4. PERSONAL
DATA PROTECTION
REQUIREMENTS
The current legislation on personal data protection is
quite vague, however, the new draft law “On
Personal Data” has already passed the second
reading in the Parliament, so we need to focus on the
nearest amendments in this sphere.
Personal data (“PD”) is described as any information
which can identify a private person – a client, in our case. PD can
include a name of a person, his/her residential address, contact
details, etc.
For collection, processing and keeping of PD of private persons a
business entity (an “operator of personal data”) shall receive a
respective consent of these private persons.
5. This consent can be in the following forms:
· SMS messages;
· e-mail messages;
· pushing a button like “I agree for collection and processing
of my PD”;
· a traditional consent in the form of signing a relevant
document, etc.
Operator of personal data shall preliminarily provide clients on the list of certain information, including a title and a location of the
Operator, goals of collection and processing of PD, the list of requested PD, the term of such processing and keeping, as well as
information on third parties that the Operator involves in this process.
There are no restrictions for keeping PD on servers outside Belarus as well as for a cross-border transfer of PD, however, these
points shall be mentioned in the consent of a private person.
Possible sanctions for violation of these requirements: a fine amounted from 4 to 20 basic values (approx. from 39 EUR to 191 EUR).
6. Requirements
to advertising
All advertising in Belarus can be produced and distributed only in accordance with
special regulations. There are special requirements to each type of advertising with
respect to used information channels (for instance, advertising on TV, in the
Internet, on vehicles, etc.) and in relation to advertised products and services
(medicines, alcoholic beverages, gambling and so on).
7. Requirements
to advertising
business entities can advertise goods manufactured in
Belarus only with help of Belarusian advertising service
providers and Belarusian citizens
advertising can be only in Belarusian and/or Russian
languages. This requirement is not applied to information
services (TV channels, radio, print media, Internet
websites) distributing information exclusively in foreign
languages; to registered trademarks and service marks.
However, a business entity can duplicate a
Russian/Belarusian text with a text in a foreign language.
Content and design (font, size of letters) of these texts shall
be similar
clarifying footnotes, telephone numbers and domain names
of websites in an advertising material shall be printed with
clear letters and fonts and shall not be less than a half of
the largest font used in this advertising material
8. ADDRESSING
APPEALS OF CLIENTS
For addressing appeals of clients, a business entity
shall follow special terms and rules to avoid claims
and sanctions of consumer protection authorities.
Clients can make appeals orally, in written form in
books of comments and suggestions or by sending
separate letters to business entities.
Answer to a written appeal shall be sent to a client within 15
calendar days. However, if preparation of the answer or taking
measures for its fulfillment/consideration needs more time, this
term can be prolonged up to 1 month. There is no need to notify
the client about prolongation of the term.
Answer to an oral appeal can be provided during a personal
reception of the business entity. If it is impossible to address an
oral appeal immediately, a business entity shall provide a written
answer following the rules above.
9. Answer to an
appeal shall
address each matter mentioned in the appeal and
provide information on measures taken by the entity
be in Russian or Belarusian depending on the
language used by the client
have a legal ground and provide references to applicable
legal provisions. It is not allowed to provide general
references to legal acts or list articles of a legal act without
its clarification
analyze actions of the business entities or its
employees that the client appeals against
have a signature of the head of the entity or
another authorized person, his/her title and a full name
10. Some specific
aspects
answer to a collective appeal can be sent to one of the
clients. In this case the entity shall ask the client to notify
other applicants on this answer
if upon an appeal a business entity provides any services in
the presence of the client, the client shall leave a note in the
book of comments and suggestions of the business entity
that he/she has no other complaints. Alternatively, the
business entity and the client can sign a separate
document confirming the absence of complaints
there is no need to answer to appeals providing only
gratitude to the business entity for provided goods/services
in case a client makes repeated appeals with the same
complaints without any new legal grounds and facts, a
business entity can notify the clients that the appeal has
been addressed in full and stop further communication with
the client in respect to this matter
11. MIKHAIL KHODOSEVICH
Specialization: IT & Media, advertising and intellectual property. In his work, Mikhail focuses on advising to foreign IT companies in peculiarities of business in
Belarus in the field of high technologies and their admission to the Hi-Tech Park as residents. Mikhail is also involved in assistance to foreign companies in the field
of intellectual property and retail
Associate