Economic Problems and Legal Practice

Bimonthly peer-review research journal.

Publisher

Publishing house "Yur-VAK"

About

The Publishing house "Yur-VAK" presents the specialized journal about effective mechanisms of protection of business in Russia, laws and right application in business, economic aspects in commercial activity.

Leading russian lawyers and economists  provide scientifically grounded solutions of the actual legal and economic problems arising in practical activities of small, big and medium businesses.

All articles, published in the journal, are reviewed by the members of the editorial board and other top-level academic lawyers, economists.

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The journal included in the list of Russian peer-reviewed scientific periodicals recommended by the Higher Attestation Commission of the Ministry of Education and Science of the Russian Federation for the publication of key research findings from dissertations for the candidates and doctoral degrees.


 

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Vol 19, No 6 (2023)

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Theoretical and Historical Legal Sciences

Legal Support for Mentoring in Russia: Perspective and Retrospective View
Petyukova O.N.
Abstract

Goals/objectives. The scientific article discusses topical issues related to the legal provision of mentoring in Russia in modern and historical aspects. The purpose is to define the definition of mentoring in legislation and scientific doctrine, as well as to identify the legal traditions of interaction between mentor and mentee in various fields, including education. The relevance of the topic considered in the article is due to the fact that 2023 in the Russian Federation has been declared the Year of the Teacher and Mentor at the state level. At the same time, the strategic planning documents outline the task of gradually involving students in various forms of support and mentoring.

Methodology.. The research used methods of analysis and synthesis, dialectical, systemic, historical-legal, formal-legal and others.

Conclusions. The article notes that the importance of teaching work increases in the context of solving the tasks of training highly qualified personnel who meet modern needs, which should contribute to achieving the economic, technological, and cultural sovereignty of the country. The revival of the legal traditions of mentoring as an actual educational and personnel technology at the present stage, the popularization of the best mentoring practices will contribute to the training of highly qualified specialists with an appropriate level of professional competence, an active civic position, which will allow them to be in demand and competitive in the labor market, and in turn will lead to timely and high-quality solutions to important tasks in the socio-economic, political, and cultural spheres.

Economic Problems and Legal Practice. 2023;19(6):14-19
pages 14-19 views
Soviet Militia in the Fight Against Basmachistism
Gorbacheva I.E., Razmakhov K.E.
Abstract

The purpose of the article is to study the experience of the struggle of the Soviet militia against the Basmachi in Turkmenistan. The authors show that the Soviet police made a significant contribution to the elimination of this movement. The Basmachi tried to convince the population that their goal was to protect Islamic values. Therefore, the support of the masses was of particular importance for the Soviet government. Involving workers in the fight against Basmachism, including through the creation of a voluntary militia force.

Economic Problems and Legal Practice. 2023;19(6):20-23
pages 20-23 views
Legal Aspects of the Formation of the Land Use System in Russia in the XVIII Century
Dereglazov A.A.
Abstract

The purpose of the research. The article examines the main stages of the formation and development of the Russian land use system in the XVIII century. The main normative acts regulating land relations, regulating the activities of state land management bodies and the process of land surveying are analyzed. The purpose of the study is to identify patterns and trends in the development of the land use system in Russia in the XVIII century, as well as the influence of the feudal system on the efficiency of land use. Results. In the XVIII century, Russia underwent significant transformations in the land use system, which were associated with the reforms of Peter I and subsequent rulers. These transformations were aimed at modernizing the State, strengthening centralized authority and improving the efficiency of land management. Nevertheless, land relations remained closely linked to the institution of serfdom, which played an important role in the distribution of land resources.

Economic Problems and Legal Practice. 2023;19(6):24-28
pages 24-28 views

Public Law (State and Legal Sciences)

On aspects of administrative norms in the New Testament (based on the analysis of the Gospel of Matthew)
Ivanov D.V.
Abstract

This article discusses the norms related to the administrative legislation of the time period referred to in the book The Gospel of Matthew of the New Testament. The guidelines and prescriptions enshrined in it, many of which were previously set out in the books of the Old Testament, when the origin and formation of public-state relations took place, and in modern Russian society are relevant and fundamental.

Economic Problems and Legal Practice. 2023;19(6):29-32
pages 29-32 views
Features of the Financial and Legal Status of Municipal Institutions
Uvarova T.A.
Abstract

This article examines the legal capacity and legal capacity of legal entities, namely municipal institutions. As well as a municipal institution as a subject of law in general and a subject of financial law in particular. The status of a municipal institution in various branches of law is comprehensively determined. The article examines the relationship between the concepts of «legal status» and «subject of law». The general, special and individual financial, legal and constitutional status of a municipal institution as a legal entity is disclosed. The fundamental elements of the financial and legal status of a municipal institution are determined. The article forms the normative and constitutional-constitutional legal basis of the financial and legal status, and at the same time the element of the financial and legal status of municipal institutions is highlighted. The legal grounds for the creation of municipal institutions, the role of the founder, the stages of allotment are considered.

Economic Problems and Legal Practice. 2023;19(6):33-39
pages 33-39 views
The Influence of Acts of International Law and Legislation of Foreign Countries on the Public Legal Regulation of Public-private Partnership Relations in Russia
Ushakov R.M.
Abstract

Purpose of the study. The article analyzes the features of the influence of international law and foreign national legislation on the formation of the public legal foundations of public-private partnerships in Russia, primarily in the context of Russia’s activities within the CIS.

Conclusions. Based on the results of the study, it was concluded that the development at the level of international organizations of legal recommendations and model acts in the field of public-private partnerships, including those that consider public-private partnerships as a means of achieving sustainable development goals, can simplify and speed up law-making processes in states- participants, while simultaneously ensuring the harmonization of national legislation and the unification of the legal systems of cooperating states. It is substantiated that in order to unify public legal regulation on the territory of the Commonwealth of Independent States, the system of principles of public-private partnership from the CIS model law «On Public-Private Partnership» (2014) should be incorporated into the legislation on public-private partnerships of Russia and other member states. Unlike a number of foreign countries (Germany, France, Great Britain), in which the practice of public-private partnership has a long history and an established approach to its legal regulation has been formed, which does not imply fundamental changes, in modern Russia, due to the rapid development of market relations, in In recent decades, there has been an active development of the conceptual foundations of public legal regulation of public-private partnerships, improvement of relevant legislation and development of the practice of its application.

Economic Problems and Legal Practice. 2023;19(6):40-46
pages 40-46 views
Procedure for the Fulfillment of Obligations under Foreign Trade Contracts by Russian Exporters in the Fuel and Energy Sector under Conditions of Monitoring the Mandatory Sale of Foreign Currency
Zavyalov M.M.
Abstract

The scientific research considers the procedure and conditions of fulfillment of obligations under foreign trade contracts by Russian exporters in the fuel and energy sector in the conditions of monitoring the mandatory sale of foreign currency. The authors build legal structures of financial settlements between residents and non-residents in sanctions conditions, necessary for the preservation of markets of domestic exporters. The subject of the study is the procedure of fulfillment of obligations under foreign trade contracts by Russian exporters in the fuel and energy sector in the conditions of monitoring of mandatory sale of foreign currency. The purpose of the study is to determine the legal mechanisms for the fulfillment of obligations under foreign trade contracts by Russian exporters in the fuel and energy sector in the context of monitoring the mandatory sale of foreign currency, introduced in order to economically stabilize the exchange rate in the framework of special economic measures. The relevance of scientific research and its scientific novelty are based on the absence in the Russian Federation of studies of legal possibilities of fulfillment of obligations under foreign trade contracts by Russian exporters in the fuel and energy sector in the conditions of monitoring the mandatory sale of foreign currency. Domestic scientific and practical literature does not touch upon specialized approaches of execution of contractual obligations by residents to non-residents. The research is based on general scientific and special methods, containing elements of comparative jurisprudence, system analysis, structural-functional approach, critical analysis of scientific research in the field of state financial control, containing a number of studies in the field of legal regulation, public administration and macroeconomic forecasting. As the conclusions of the scientific research, a special place is taken by the description of legal mechanisms for the fulfillment of obligations under foreign trade contracts by Russian exporters in the fuel and energy sector under the conditions of monitoring the mandatory sale of foreign currency, aimed at conducting scientific research, technology acquisition, modernization of production chains and deepening the degree of processing of minerals extracted by such exporters in the fuel and energy sector. Based on the results of the study, the author's proposals aimed at the fulfillment of obligations under foreign trade contracts were developed, the procedure and conditions of compulsory sale of monetary funds received by Russian exporters in the domestic foreign exchange market of the Russian Federation were explained.

Economic Problems and Legal Practice. 2023;19(6):47-54
pages 47-54 views
Ethical Problems in the Field of Legal Protection of Personal Data
Okishev B.A.
Abstract

The article is devoted to issues of legal protection and protection of personal data from the point of view of philosophy and ethics; approaches to the protection of personal data in judicial practice in the Russian Federation through the prism of ethics; features of the relationship of legal protection of personal data and ethics; current judicial practice in solving ethical issues in the field of protection of protection of personal data; problems of improving legislation in terms of ethics in the Russian Federation in accordance with the legislation on personal data.

Economic Problems and Legal Practice. 2023;19(6):55-59
pages 55-59 views
Prevention of Falsification of Children’s Vaccines and Sanctions Regarding the Production and Sale of Counterfeit Products
Ismailova G.F.
Abstract

Every year the number of falsified vaccines increases. The use of falsified vaccines not only fails to fulfill the purpose of vaccination, but also harms the health of the entire population as a whole. The purpose of the research is to analyze the available tools to prevent the falsification of vaccines, including children's ones, as well as to search for mechanisms to minimize the risk of counterfeit products. The research used sociological, statistical, and comparative legal research methods. Based on an analysis of the available tools to combat vaccine counterfeiting, an assessment was made of possible changes to the legislation of the Russian Federation in order to mitigate the risks of the appearance of counterfeit products on the pharmaceutical market. Results. As a result of the research, the author concludes that counterfeit drugs, in particular vaccines, cause significant harm to children's health and the consequences of this harm are irreparable. The author believes that better work is needed in the field of identifying counterfeit medicines and mandatory toughening of penalties. For this purpose, it is necessary to introduce modern information technologies that make it possible to accurately and quickly record information about the production and further distribution of counterfeit medicines to the consumer.

Economic Problems and Legal Practice. 2023;19(6):60-65
pages 60-65 views

Private Law (Civil) Sciences

Problems of Civil Regulation of the Use of Digital Rights in Venture Investment
Svechnikova N.V., Khramushin V.V., Gurko A.V.
Abstract

The purpose of the research. The article examines the features of the legal regulation of the circulation of utilitarian digital rights in Russia in the field of venture investment in order to identify ways to intensify the use of this tool to attract financing for innovative projects.

Results. An analysis of the legislation of the Russian Federation on the circulation of digital rights was carried out, and it was concluded that the potential for using these assets in venture investment is not realized in practice, since the law prohibits the issuance and circulation of utilitarian digital rights that establish the obligation to transfer property subject to state registration. In particular, this entails the impossibility of issuing utilitarian digital rights tied to the transfer of rights to objects of patent law. It is noted that there are currently infrastructure solutions that in the future may serve as the basis for expanding the use of digital rights in venture investment, if legal barriers are eliminated and in the case of mandatory connection to the information system in which the issuance of utilitarian digital rights is carried out, authorized registration bodies and legislative regulation of the procedure for the exchange of information between participants in such a system and registration authorities. It is concluded that in the field of intellectual property, the RCIS.RF system could serve as an organizational and technological basis for the implementation of these proposals, subject to the removal of legal barriers.

Economic Problems and Legal Practice. 2023;19(6):66-72
pages 66-72 views
Notary in the Circle of Subjects of the Human Rights Function in the Field of Civil Turnover
Beglova G.Z.
Abstract

The article is devoted to the analysis of the signs of the notary as a subject of the human rights function in the sphere of civil turnover. The author's justification of the genus-species correlation of the terms «subject of law» and «subject of the performance of the human rights function» is given, and two aspects of their legal nature are shown—positive and suprapositive. It is proved that in the course of notarial activity, the human rights function acts as one of the modifications of qualified legal assistance; the normative expression of recognition of its public significance is revealed.

Economic Problems and Legal Practice. 2023;19(6):73-79
pages 73-79 views
Transcendent Values as the Basis of Civil Law
Vasilyeva E.N.
Abstract

This article examines the role of transcendental values in the context of civil law. Transcendental values are considered as values that are related to spirituality, ethics, morality and ideals. Such values often exceed purely material interests. The influence of transcendental values on civil law is analyzed and it is proposed to consider them as the basis of the legal system. The author also analyzes possible challenges and problems associated with different interpretations of transcendental values in civil law. It is noted that the integration of transcendent values in civil law is important to achieve a balance between individual rights and interests and the general welfare of society.

Economic Problems and Legal Practice. 2023;19(6):80-83
pages 80-83 views
Legal Regulation of the Use and Distribution of the Deepfake in the Legislation of the European Union: The Possibilities of Implementing Foreign Experience
Sviridova E.A.
Abstract

The article analyzes the legislation of the European Union regulating legal relations in the field of deepfake technologies in order to develop proposals and recommendations for improving regulation in Russian law of the use of deepfake technologies and the distribution of deepfakes in information and telecommunications networks. It is concluded that in the territory of the European Union, the GDPR rules apply when developing software and applications designed to create deepfakes, as well as when creating and distributing deepfakes created using such programs and applications. When using an image to create a deepfake, the context in which the image is used matters. To a large extent, deepfakes go beyond the simple dissemination of false information or unreliable information. The political destabilization that may arise as a result of the spread of diplomatic fakes is currently not fully taken into account by the legislators of the EU countries. It is proposed to provide obligations for manufacturers of deepfake technologies by approving the rules for labeling deepfake technologies by means of identification. It is recommended that information intermediaries implement deepfake detection programs and carry out the procedure for marking and removing illegal content.

Economic Problems and Legal Practice. 2023;19(6):84-92
pages 84-92 views
Legal Basis for Ensuring Sustainable Corporate Governance of an Italian Social Cooperative
Petrova A.V.
Abstract

The Italian model of social entrepreneurship has been based on Christian values, social solidarity and business practices for almost a century. In this area, the transition of law formation to law-making was extremely slow. The formation of the institutional environment actually began only after the adoption of the Constitution of 1947, the provisions of which were specified in the legislation only in 1991. At the same time, in the process of long evolution, the legal basis for social and socially significant functions of cooperation without motivation for profit was formed. Declaring participation in the development of social entrepreneurial institutions, the Italian state at the same time ensured supervision over the observance of the goal of social cooperation. The regulation, in force since 1991, regulates three areas: the provision of social services and assistance in finding employment and the production of products for the socially poor. The adjustment of the Italian model of legal regulation in 2005 singled out the third mixed group, which included A + B cooperatives, combining the models of «social and labor integration», «sustainable development» and «public benefit». The new legal framework took into account the interests of employees of cooperatives, as well as other interested individuals and groups, which made the Italian legal model a European model for regulating social entrepreneurship. Thus, the trend towards sustainable development has been realized. Less attention is paid to the problems of corruption and fictitious cooperation.

Economic Problems and Legal Practice. 2023;19(6):93-100
pages 93-100 views
Features of Concluding International Transactions of Joint Stock Companies with State Participation
Yablokova A.A., Petrov D.Y., Ushankov I.V.
Abstract

The article examines the essence of the concept of trade transactions of joint-stock companies. Important aspects regarding the assessment of large transactions are noted. The problems of approving extraordinary transactions that may arise in the management bodies of joint stock companies are identified, possible strategies and approaches to their resolution are proposed, as well as recommendations for their solution. Scientific novelty determined the insufficient elaboration of research issues arising in international transactions, as well as the legal aspects of determining the size of transactions of joint-stock companies.

Economic Problems and Legal Practice. 2023;19(6):101-106
pages 101-106 views
Surety in Bankruptcy: The Legal Status of the Surety and the Debtor
Yukhnin D.A.
Abstract

In the article, the author discusses the issues of surety in bankruptcy. In particular, the author analyzes the legal status of the guarantor and debtor in bankruptcy. It is concluded that insufficient attention is paid to this issue in science. The article deals with current problems arising in legal doctrine, as well as in judicial practice. The author analyzes the approaches outlined in the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 26 of 06/29/2023 «On the specifics of the application of the rules on surety by courts in insolvency (bankruptcy) cases». The author draws attention to the problem of the identity of the liability of the debtor and the guarantor when the guarantor pays contractual interest and penalties for the period from the introduction of the first procedure against the debtor to the commencement of the bankruptcy procedure of the guarantor. In addition, the author points out the differentiation of responsibility in joint and separate sureties. The article notes that in some positions, the Supreme Court of the Russian Federation, in order to protect the interests of the creditor, departs from the accessory nature of the surety relationship. The article also substantiates the inefficiency of the model of informing the guarantor by the debtor about the performance of the obligation.

Economic Problems and Legal Practice. 2023;19(6):107-111
pages 107-111 views
Realization and Protection of the Rights of Subjects of Economic Relat Ons as a Component of a Comfortable Regulatory Environment of the Digital Economy
Solovyanenko N.I.
Abstract

The purpose of the study. The article examines the issues of improving the quality of the regulatory environment of the digital economy from the perspective of the implementation and protection of the rights of subjects of economic relations. The article analyzes the interdependence between digitalization and legal processes, which generates both new legal and technological opportunities, as well as related problems and barriers that complicate the exercise and protection of the rights and interests of subjects in a digital environment and pose challenges to legal science to overcome them. The purpose of the study is to identify legal structures and legal means that contribute to the elimination of obstacles and the creation of a comfortable regulatory environment for the digital economy.

Conclusions. The author, as a result of the analysis of legal approaches and structures peculiar to digital turnover, comes to the conclusion that a reliable and comfortable legal environment for online interaction is a legal «space of trust», including the responsibility of its participants for the adverse consequences that may occur if they fail to fulfill their duties related to such interaction. Among the components of a comfortable regulatory environment of the digital economy, a special place is occupied by: digital (online) dispute resolution procedures, including the use of automated solutions using smart contracts, digital platforms in the field of protecting the rights and legitimate interests of subjects of economic relations; the use of high technologies in notarial activities. The author draws attention to one of the most acute problems of the digital age—the growing digital divide, the overcoming of which is directly related to improving the quality of the regulatory environment of the digital economy.

Economic Problems and Legal Practice. 2023;19(6):112-117
pages 112-117 views
The Concept of Corporate Governance: The History of Formation
Sumin M.D.
Abstract

The purpose of the research. The article is devoted to the study of the history of formation of the concept of corporate governance. The historical period of development of the concept of corporate governance is no less important than the modern concept of corporate governance and it is necessary to study it, analyze the dynamics and trends. The purpose of the study is to analyze the formation of the concept of corporate governance in dynamics. Results. According to the results of the study, the author's view of the history of the emergence and development of corporate governance is presented. It is proved that the concept of corporate governance was not yet formed in the period of the Roman Empire. It seems more correct to define the period when the terminology began to be formed as associated with the beginning of the Industrial Revolution. Modern terminology is formed, but the understanding of the essence of corporate definition is not uniform. In general, opinions are divided into two groups: those who propose to include only participants of the corporation and management, and those who exclude subjects other than participants of the corporate legal entity and persons performing management. The author's conclusion that the expansion of the concept of corporate governance by increasing the subject composition of legal relations does not correspond to the essence, because the participation of other persons in corporate legal relations is secondary, indirect.

Economic Problems and Legal Practice. 2023;19(6):118-123
pages 118-123 views
Risk Category in Personal Insurance Contracts: Legal Aspects
Battakhov P.P., Ovchinnikova Y.S.
Abstract

The article highlights the relevance of the topic of personal insurance in connection with the increased role of this type of legal relationship in the socio-economic life of Russia. The risk category in personal insurance is analyzed, as well as its relationship with the concepts of «insurance interest» and «insured event». The purpose of the entry of legal entities into the insurance legal relations of personal insurance is disclosed. It is noted that the risk category in property and personal insurance has a single legal nature, but at the same time it has some specific features in these types of insurance. The specifics of the insurance risk in personal insurance are revealed, which is related to the nature of the insured event as an event occurring precisely in the life of the subject. Both positive aspects of the development of insurance legislation on personal insurance and problematic aspects are noted.

Economic Problems and Legal Practice. 2023;19(6):124-128
pages 124-128 views
Features of Legal Regulation of Contractual Legal Relations in the Field of Bank Lending to Small and Medium-sized Businesses
Sorokina E.A.
Abstract

Small and medium-sized enterprises are one of the important sectors of the economy that ensure the economic security of the state, due to the impact that it has on the stability of the socio-economic system. But due to the limited resources of their own and greater sensitivity to economic changes than other enterprises, small and medium-sized businesses need to provide sources of additional financing throughout their activities. The legal regulation of state support is a fundamental basis for the development of small and medium-sized businesses. Despite the financial support measures already in force and newly introduced by the state to ensure the effective growth of small and medium-sized businesses, including concessional lending, the creation of guarantee funds, etc., the increase in lending to small and medium-sized businesses was insignificant and mainly in such an industry as Wholesale and Retail Trade, which They demonstrate stable development without government assistance. The basis for the legal regulation of bank lending to small and medium-sized businesses should be the features of these entities related to the special conditions of lending in various industries, the procedure for setting the interest rate in the loan agreement and the limits of its change. The purpose of this article is to identify the features of legal regulation in the field of bank lending to small and medium-sized businesses. The problems under consideration are: to analyze whether obtaining benefits in lending is a right for small and medium-sized businesses; to study the specifics of loan agreements in different industries; to identify the procedure for setting the interest rate in the loan agreement and the limits of its change.

Conclusions. According to the results of the study, it was found that the conditions of bank lending do not take into account the characteristics of borrowers in different industries. Restraining the development of bank lending is due to the lack of a legislative framework protecting the rights of borrowers. The legislation does not oblige Banks to conclude a preferential loan agreement, the terms of which depend on the internal rules of the bank and the current legislation.

Economic Problems and Legal Practice. 2023;19(6):129-137
pages 129-137 views
The Role of ICO Legal Regulation for Tech-startups’ Development within the Innovation Economy (Comparative Legal Analysis of Russia and Singapore)
Pavlyuk A.V., Zhuchkov D.I., Batyukhnova E.A.
Abstract

The purpose of the research. The article considers the problems of attracting investment in projects among small technology companies in the Russian Federation, even in the context of the today’s global economy, in which innovation has become an integral factor of economic growth and development. To solve this problem, the purpose of the research is to consider the approach of attracting financing through ICO, as well as to propose recommendations for amending the current regulatory legal documents in Russia in order to improve the efficiency of regulation of this sphere. To develop recommendations, foreign experience of ICO implementation was also studied on the example of Singapore. The historical and systematic approaches, comparative analysis and content analysis were used in the study, as well as data from Russian Federal State Statistics Service, the Government of the Russian Federation, the World Intellectual Property Organization, and the Central Bank of Singapore.

Results. As a result of the study, the authors conclude that it is worth making changes to the system of Russian legislation in order to introduce a wide practice of ICOs in the Russian Federation. These changes include amendments to the Federal Law «On the Central Bank of Russia», amendments to the Federal Law «On Digital Financial Assets», as well as the implementation of a progressive ICO implementation policy consisting of three stages.

Economic Problems and Legal Practice. 2023;19(6):138-144
pages 138-144 views

Criminal Law

Criminological Features of a Cryptographic Currency that Facilitate its Use in Shadow Financial Flows
Drobot S.A., Sabitov R.A., Pass A.A., Begishev I.R., Shutova A.A., Skorobogatov A.V.
Abstract

This article analyzes some points related to the use of cryptographic means of payment for criminal activities. The modern financial and legal system, even at the international level, has not conceptually defined the category of digital currency. This phenomenon, which is new both from a technological and legal point of view, is actively being integrated into the modern social system. And as often happens, it is the criminals who react most quickly to such innovations, using them for the purposes of their criminal activities. The conclusion is substantiated that it is necessary to create a clear criminal legal framework, and to introduce specific qualifying features into the already existing compositions of criminally punishable acts, aggravating punishment for the use of cryptographic means of payment in illegal activities.

Economic Problems and Legal Practice. 2023;19(6):145-151
pages 145-151 views
The Institution of a Judicial Fine: Some Results of Law Enforcement; Opportunities for Improving Procedural Regulation
Lozinsky O.I.
Abstract

The purpose of the study. The article analyzes some results of the law enforcement practice of termination of a criminal case with the appointment of a court fine. By studying the available opinions and positions on the research topic in the scientific community, statistical data, the regulatory framework and the features of its empirical implementation in this area, the authors planned to identify the existing shortcomings and contradictions in the procedural regulation of the institution of judicial fine, to develop specific proposals in the field of rulemaking to improve its effectiveness.

Conclusions. The institution of a judicial fine is an effective embodiment of the trend in the development of modern legal science aimed at humanizing the norms of law. The institution of a judicial fine is the possibility of resolving criminal law conflicts, which in practice does not entail the need to bring a person to criminal responsibility. There is a need for additional regulatory settlement of issues related to the minimum amount of a court fine, the timing and procedure for its payment. Certain legislative restrictions are necessary on the possibility of applying the institution of a judicial fine for crimes of a number of categories. It is necessary to expand and legislate the possibilities of prosecutorial supervision in the sphere of application of the institution of a judicial fine.

Economic Problems and Legal Practice. 2023;19(6):152-158
pages 152-158 views
The Place of Forensic Appraisal Expertise in the Classification System of Forensic Expertise
Chernyshov V.V.
Abstract

In this article, the issues of forming a list of types and kinds of forensic expertise are discussed. The author emphasizes that forensic appraisal expertise are an integral part of judicial procedural practice and require specialized knowledge and skills in the field of valuation. The article presents well-grounded proposals for improving the regulatory and methodological framework for forensic appraisal expertise, as well as contributes to the classification of forensic expertise in modern practice. The author comes to the conclusion that judicial appraisal as an institution of procedural law is a voluminous, complexly structured, complex concept based on a synthetic scientific foundation and is in the process of formation and development.

Economic Problems and Legal Practice. 2023;19(6):159-162
pages 159-162 views

Economic Theory

Drivers of Changes in the Interest Rate Environment in the United States
Medzhidov M.
Abstract

In this article, we investigate the contribution of the drivers of changes in the interest rate environment over time in the US economy. Principal Component Analysis (PCA) is often used in the world with interest rates. It rotates the original dataset linearly so that the modified dataset is orthogonal and better represents variation within the dataset. It has proven itself to be a powerful statistical method in the field of yield curve analysis. PCA-based time structure models usually provide an accurate fit to observed returns and explain most of fluctuations. Although the main components are the building blocks of modern time structure models, this approach has been less studied for risk modeling. Interest rate risk models are usually difficult to define and evaluate due to the changing modes of profitability and volatility. In this article, we combine estimates of conditional volatility of the main components within the framework of quantile regression (QREG) to derive estimates of the profitability of the distribution. This study will be conducted based on the historical values of the US curve, starting in 2006. Also, the decomposition of changes in yields at different durations and relative to changes in different shapes is presented.

Economic Problems and Legal Practice. 2023;19(6):163-169
pages 163-169 views

Regional and Sectoral Economics

Particularities of Remuneration of Medical Workers in Continental European Countries
Omelchenko I.B., Zlatogure I.A.
Abstract

The purpose of this article, which opens the series of articles devoted to the study of the experience of remuneration of medical workers in foreign countries, is the detailed study of the experience of remuneration of medical workers in continental European countries. The healthcare sector plays an important role in any country in the world, as it sets as its task socially significant goals—maintaining or improving health through the prevention, diagnosis, treatment, restoration or treatment of diseases, ailments, injuries and other physical and mental disorders of people. The study revealed, that when choosing a mechanism for setting wages in continental European countries, it is possible to use the following methods: establishing a minimum wage and determining its structure; introduction of certain forms of payment; indexation of wages and implementation of measures to prevent excessive growth, which vary depending on the socio-economic characteristics of the country. It is necessary to keep in mind the institutional features of the labor market in each country: mechanisms that are effective in some countries may be completely ineffective in others.

Economic Problems and Legal Practice. 2023;19(6):170-175
pages 170-175 views
Problems of Presenting Information about Deferred Taxes
Aksentev A.A.
Abstract

Currently, accounting standards in the area of income tax accounting continue to be vague and unspecific. In this connection, this paper investigates the key aspects of the presentation of deferred tax information in accordance with the rules of modern accounting standards and theoretical provisions. The article describes the peculiarities of deferred tax classification in the balance sheet and the profit and loss statement. An attempt is made to explain the effect of restoration of deferred tax liabilities. The conclusion is made that in scientific literature the essence of income taxes still remains undisclosed and that because of this the developers of accounting standards are deprived of an opportunity to compile them adequately. The example of the use of provisions of IAS 12 «Income Taxes» in order to conceal important economic information is given. American and international experience in terms of indicating the sources of recovery of the value of deferred tax assets is compared. It has been defined that the Russian standard in the field of accounting of income taxes is not transparent in the part of representation of the information on deferred taxes. In the conclusion the directions of improvement of accounting legislation are presented.

Economic Problems and Legal Practice. 2023;19(6):176-191
pages 176-191 views
Migration Monitoring According to the Ministry of Internal Affairs: Problems, Current Status and Prospects
Smirnova N.V.
Abstract

The article is devoted to one of the most pressing problems of the modern world—international migration. The scale and nature of immigration to the Russian Federation are considered. International migration, largely labor migration, has now become an integral economic feature for any State. In terms of population displacement, modern Russia is highly integrated into the global economy and is currently the fourth destination country in the world, second only to the United States of America, Germany and Saudi Arabia. Considering the migration situation in the country, the main migration donors for the Russian Federation, which are citizens of the CIS and the EAEU, are noted. The main share of those entering the territory of the country is defined as «work» for their purpose of stay. Researchers consider demographic factors to be destabilizing factors of the labor market, which are manifested in the trend of natural population decline that has developed in recent years. In this case, population migration acts as a means of redistributing human capital. This process causes positive changes in the economy, in intercultural exchange, but illegal migration can have a negative impact, lead to an increase in crime and, on the contrary, negatively affect the country's economy, reduce the sustainability of regional development. The article focuses on identifying the risks of illegal migrant labor. The information base of the study was statistical and analytical materials of the international statistics services and the database of the Ministry of Internal Affairs of the Russian Federation.

Economic Problems and Legal Practice. 2023;19(6):192-201
pages 192-201 views
Creating of Trans-border Territories as a New form of the International Relationships
Loy D.K., Turgel I.D.
Abstract

The Purpose of research. The article examines cross-border relations and forms special status of territory formation, as ways of their state regulation, taking into the ways of their development and problems of interstate cooperation. The author conducted a study of economic and political processes, identified the interrelationships and specifics, considered the political and economic components. The purpose of the work is research the possibility of creating new formats of international relations and to assess the possibility of creating trans-border territories with a special regime, their administration and regulation. To achieve the purpose of the study, the tasks were set to study the Russian and foreign experience in regulating relations exclude territories outside the jurisdiction of the state; to study the prerequisites for the creation of trans-border territories, with a special procedure for regulating relations on them; to determine political and economic approaches and principles that allow creating cross-border territories and implementing their effective regulation.

Results. In the course of the study, the author came to the conclusion that in order to build effective cross-border relations, their regulation should be based not only on the economic benefits for specific international projects, but also on political effects, for the assessment of which not only state bodies belonging to the economic block are involved, but also bodies forming policies in the field of international cooperation, to create the possibility of more flexible functioning and interaction. In addition, it is necessary to involve in their management not only federal authorities, but also state authorities of the subjects of the Russian Federation, as well as local governments within their powers. At the same time, direct operational management should be carried out within the border zone itself, and the authorities of all participants in border relations should exercise supervisory functions, build a strategy and calculate the economic effect.

Economic Problems and Legal Practice. 2023;19(6):202-207
pages 202-207 views

Finance

On the Issue of Assessing the Effectiveness of Budget Expenditures on Digitalization of the Public Administration System of the Region on the Example of the City of Moscow
Kushnin B.A., Popkov S.Y., Kalinin A.R.
Abstract

The article examines the mechanism for assessing the effectiveness of the implementation of state programs using the example of individual subprograms of the state program of the city of Moscow Development of the digital environment and innovation from the point of view of the applicability of the existing mechanism for assessing the effectiveness of regional budget expenditures on digitalization, identifying problem areas in the application of the presented mechanism in the context of the issue under consideration.

Economic Problems and Legal Practice. 2023;19(6):208-214
pages 208-214 views
On the Issue of Taxation of Self-Employed Persons and State Support under Sanctions
Morozova G.M.
Abstract

Since 2022 the Russian economy and its business have found themselves in the conditions of severe economic sanctions imposed by states and international organizations against Russia. In such a situation, the state implements measures to support economic entities (subsidies, grants, concessional lending, etc.). This has caused a positive impact on the development of the institute of self-employment. Self-employment can be considered as a process of mutually dependent actions of two subjects: the customer and the contractor. At the same time, the customer pays for the labor efforts of the contractor, and the contractor receives remuneration from the customer for his work. The self-employed are considered as the core of small business, they contribute to an increase in the total share of employed citizens, reduce the risks of tension in society, reduce the risks of professional deformation of the unemployed, and so on. A sufficient number of self-employed in the economy is seen as the need for effective competition. This article discusses the areas of support for self-employed persons, describes the features of taxation of persons who are registered as self-employed. Based on the analysis of the published data of the Federal Tax Service, an assessment of such a special tax regime for self-employed persons as the «professional income tax» is given, conclusions are drawn on its effectiveness.

Economic Problems and Legal Practice. 2023;19(6):215-218
pages 215-218 views
Transformation of the State Security and Law Enforcement System in the Context of the Introduction of Digital Financial Instruments
Eltsin A.A.
Abstract

The purpose of the study is to summarize the practice of the world experience in the use of centralized and decentralized finance. The article provides an analysis of the regulatory legal regulation of the activities of states to implement a system of digital circulation of finance. The article assesses the risks of introducing digital finance to increase the crime rate in various countries, and also presents the author's interpretation of the concept of digital sovereignty.

Economic Problems and Legal Practice. 2023;19(6):219-226
pages 219-226 views
Criteria for Managing Tax Expenditures of Budgets of Public Legal Entities
Frumina S.V.
Abstract

The purpose of the article is to analyze regulatory legal documents regulating the management of tax expenses and to develop a system for managing tax expenses of public legal entities. The article discusses the stages of the tax expense management system, a group of criteria that allow the assessment of the management system at each of the established stages. The expediency of guiding the proposed criteria is explained by the need to successfully implement the goals of public policy.

Economic Problems and Legal Practice. 2023;19(6):227-231
pages 227-231 views

World Economy

The US–EU Trade and Technology Council: Features of Cooperation
Perova M.K.
Abstract

Thе present paper focuses on a new form of cooperation built on the basis of coordination of approaches, within the US-EU Trade and Technology Council. TTC was launched by these countries in 2021 to promote their shared prosperity and competitiveness through collaboration in working groups. For these purposes 10 working groups were established on various topics. The TTC appears intent on avoiding tough issues that have stymied trans-Atlantic negotiators in the past. At the inaugural TTC summit, the EU and the US made the commitment to coordinate approaches to key global technology, economic and trade issues and to base policies on shared democratic values. The European Commission and the Biden administration established the TTC as a non-binding instrument. This simplifies negotiations and facilitates an agile approach to addressing common evolving challenges. However, it also means that the scope and applicability of TTC decisions are inherently limited. The US desire to turn the TTC into a geopolitical instrument aimed at China turned out to be incompatible with the reality of the EU. European foreign and security policy continues to be shaped predominantly in EU capitals—not in Brussels. One area of particular concern to both sides is the current global shortage of semiconductors. Parties have completed a joint early warning mechanism in addressing semiconductor supply chain disruptions. They are committed to sharing information on public support given to the semiconductor sector, aiming to avoid subsidy races, maintained a continuous exchange of best practices and also seek to collaborate further by expanding R&D.

Economic Problems and Legal Practice. 2023;19(6):232-238
pages 232-238 views

Management

The State of Development of the Construction Industry in an Unstable Economic Situation
Tingaev A.V., Levitskaya I.A.
Abstract

One of the urgent problems today is the need to develop the construction industry in Russia, and, as a consequence, the need to assess the socio-economic effects of the funds provided, taking into account the nature of their use and the specifics of the industry. In particular, many researchers note the presence of innovative aspects in the development of the construction industry, which has a beneficial effect on the formation of the construction specialization of the regions. It should be noted that the construction industry occupies about 5% of Russia's GDP structure and forms the conditions for its comprehensive development. Currently, the construction industry is a rapidly developing area of economic development. The purpose of the article is to consider the peculiarities of the development of the construction industry in Russia and to identify the regularity of its impact on the economy of the country as a whole. The objectives of the study are various trends that can be presented to the construction industry that claim to be innovative, and the prospects for development that have a special socio-economic significance are also considered. Research methods: methods of synthesis and analysis of theoretical and practical material were used. Results. The conducted research proves that the use of innovative technologies makes it possible to determine the further vector of development of the construction industry. The innovation accelerator aims to create opportunities for new technologies focused on productivity and environmental protection.

Economic Problems and Legal Practice. 2023;19(6):239-244
pages 239-244 views

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