Vol 4, No 4 (2017)

For at least the last decade, the country’s authorities have paid particular attention to the creation of a comfortable business environment in the Russian Federation. A lot has been done on the way to a good goal. The changes have affected many branches of the law. At the same time, a number of problems on the way to creating a comfortable business environment remain relevant and acute. In particular, the validity of the findings of the Commissioner for the Rights of Entrepreneurs in Russia and the specialists of the Center for Strategic Research - the main moderators of the topic of pressure from law enforcement agencies on business - is questionable.The author analyzes the causes and root causes of the pressure of law enforcement agencies on business.It is recommended to develop and introduce into the criminal procedure a special procedure for consideration at the pre-trial stage of the issue of the possibility of transferring a criminal case in the sphere of business relations to the civil law plane.

An entrepreneur is a business-able physical person who performs activities to gain the profit and who is registered according to law. Starting from the national and theoretical and legal solutions and court practice from comparative law, the authors analyze the concept and the legal position of an individual entrepreneur noticing the problems and inconsistencies in legal regulations. The authors of the work make a few conclusions and suggestions: 1) terminology is not coordinated with legal terminology from comparative law. In our law, the legal term is “entrepreneur”, which is a too wide and unspecified term because in economic profession this term represents the genus term for individual and collective entrepreneurship; 2) analyze all forbidden activities for entrepreneurs, judge the reasons pro et contra and work on eliminating prohibitions and favoring legal entities; 3) set by law the bankruptcy of an individual entrepreneur i.e. the individual bankruptcy of a physical person; 4) work on passing a separate legislation in the field of the individual entrepreneurship, especially on passing and changing the laws which would regulate handicrafts (including old crafts and jobs of home industry), free professions as well as agricultural activity.

The article deals with the notion of «ordinary entrepreneurial risk», the possibility of using it as a criterion for distinguishing civil liability for non-fulfillment of obligations and criminal liability for criminal acts involving non-fulfillment of contractual obligations, the possibility of applying this concept in the sphere of the right regulation of social relations arising in connection with the commission of crimes, the ratio of ordinary business risk and reasonable risk (art. 41 of the Criminal Code of the RF).

The present article analyses the contractual model of a deliverable futures contract with the participation of the exchange which under some regulations of current legislation plays the role of a trading authority. The author emphasizes that the exchange is a party to derivatives contracts and deliverable futures contracts, in particular. Furthermore, this provision is confirmed by the analysis of the intention of the deliverable futures contract’s parties. Their intention is directed at the conclusion of an agreement just with the exchange and not with other trading participants. The author analyses the structure of contractual relations arising out of a deliverable futures contract (despite the fact that this contract is an agreement with the trading authority - the exchange) and points out that this contract can be characterized as a purchase and sale agreement according to Article 454 of the Civil Code of the Russian Federation (CC of RF).

Since the early 1990 in the Russian Federation there is a continuous outflow of capital abroad, as a result of which the assets earned by Russian businessmen, instead of investing in the domestic economy, go to support the civilized existence of «developed» bourgeois countries. For these purposes, the developed organizational and regulatory legal infrastructure is used. The bulk of fictitious operations and non- return of funds is carried out through a network of «laundering» banks, offshore companies and «one-day firms». Stable, highly professional organized transnational groups have been formed, including notaries, consulting companies, credit organizations, trust funds specializing in the withdrawal of capital and its placement in offshore zones or in countries with which the Russian Federation has concluded treaties in order to avoid double taxation. Methods of capital withdrawal are diverse, demand for them is provided by a developed infrastructure, legal and illegal mechanisms are closely intertwined, which complicates their timely detection and suppression.The Bank of Russia is doing a great job of neutralizing the shadow money flows of brokers and microfinance organizations (MFI), as well as transit operations used to withdraw assets abroad, in the context of which about 300 banks operating on the domestic market lost their licenses, although they are involved in the transactions described not only credit organizations, but also other subjects of financial legal relations, related, including with the circulation of securities.In the light of the above, the problem of improving the regulatory legal regulation and departmental (bank), as well as prosecutorial supervision over the execution of laws by the subjects of the credit and banking sector of the economy, including credit and non-credit financial organizations (NFO), taking into account the nature, scope and specificity of their activities, is actualized. An analysis of the current situation shows that the majority of used, constantly modifiable schemes for the withdrawal of bank assets abroad, the transfer of cashless cash into cash is preceded by multi-way payment chains for accounts of all kinds of Russian organizations. In this case, the transit companies involved in them do not, as a rule, carry out real financial and economic activities. Taxes and other mandatory payments are paid by them on a minimal scale or are not paid at all, and the operations conducted do not have a visible economic meaning.The management of the Bank of Russia regularly monitors the banking sector of the economy in order to track them in time and take appropriate preventive measures. Attention of credit institutions is drawn to transit operations with the isolation of inherent characteristics, for which purpose the regulator prepared, in particular, Letter No. 236-T of December 31, 2014 «On increasing the attention of credit institutions to individual customer transactions».This article examines the factors associated with the illegal withdrawal of bank assets abroad, including the artificial bankruptcy of credit institutions, complicated by the current state of the institution of bank secrecy.

The purpose of this article is to study the possibilities of public-private partnership in the in realization of environmental policy of the Russian Federation and the Concept of sustainable development. Authors consider that the Russian government should be solving in the process of development of the Russian economy problems of ecology (providing the favorable environment; decrease in anthropogenous load of the environment; increase in efficiency of use of energy resources; correction of negative consequences of resource-intensive industrial development). The public-private partnership is investigated as special legal institute and as a form of interaction between government and business. The potential of public-private partnership in solving problems in the sphere of ecology is studied in these planes.Public-private partnership is studied in various aspects: form of investment in environmental protection; mechanism of achievement of ecological interests of the state and society; a way of stimulation of introduction in economy of innovations which are capable to provide interests of ecosystems.Authors support adoption of the comprehensive and integrated programmatic law which will provide a triad of interests: investments - innovations - ecology. The analysis of legal base of public-private partnership and programmatic laws on sustainable development of the Russian Federation has allowed to draw a conclusion on absence between them direct connection. This has a negative impact on the implementation possibilities of state-private partnership to overcome the environmental crisis. Authors offer changes in the legislation for elimination of this inconsistency. They define the problems of public initiative and public oversight in public-private partnership in the field of ecology.Authors approve need of creation of mechanisms of public control for this sphere.

The article makes an attempt at a theoretical analysis of the structure of the national information space of Russia. The author describes the impact of the transformation of the structure of the information space on the election process on examples of elections to the State Duma and municipal elections in Moscow, using the methodology of studying system dynamics. According to the results of the study, it is concluded that in the context of the political process mediatization, social media, as channels and tools of information and communication exchange within the information space, will increasingly influence the electoral process. Keywords: information space, mediatization, elections, election process, social media.

In the article raises the complex problem to describe the components of the phenomenon of Chinese illegal migration in theRussian Federation, to identify ways of solving problematic issues. The investigation of the interpretation and application of the term«illegal migration» in regulatory documents and scientific publications of the United States, European Union and Russia. Outlines the author’s understanding and classification of the term as applied to the Russian migration situation. Shows the scale and form of Chinese illegal migration in Russia, examines the factors that affect the actualization of this problem, which can be classified in two main groups: factors affecting the penetration of Chinese illegal immigrants in Russia, and the factors that attract the attention of Russian society to Chinese migration.Ambivalent results were made: on the one hand, Chinese migration, including its irregular component contributes to the solution of the problem of labor shortages in agriculture and construction, especially in the Far East and Eastern Siberia. On the other, Chinese illegal migrants to Russia, is а real problem, which to some extent has a negative impact on the economy and society of the Russian Federation. In addition, the article States that the Chinese migrants (including illegal) in some cases become victims themselves, and in Russian society continues to evolve xenophobia and negative attitudes towards migrants. The study is fixed and develops the idea that there are three major ways to combat illegal migration: 1) improving the legislative framework and the effectiveness of its enforcement, 2) international cooperation on a bilateral and multilateral basis and 3) the efficiency of law enforcement agencies in developing and carrying out special operatively-preventive events.

Part of the results of quantitative research among vulnerable groups of citizens covered by the Federal Law on Free Civil Legal Aid in the Russian Federation is presented. The survey was conducted in the Tambov, Ulyanovsk and Volgograd regions within the framework of the Council of Europe project in cooperation with the Ministry of Justice of the Russian Federation «Project on Free Civil Legal Aid and Assistance for Vulnerable Groups in the Russian Federation» (2015-17). After presenting the context of the study, regional empirical material with generalizing characteristics on general issues is presented: the frequency of legal problems in target groups, the most common legal needs, how they operate, faced with legal problems, etc.

The article describes the main approaches to determination of personnel reserve effectiveness of the state civil service of the RF. Special attention is paid to the model of balanced scorecard that has practical application for evaluating the effectiveness of personnel reserve.