Vol 20, No 6 (2024)

At the current stage of socio-economic development, the problem of cybercrime has become one of the most acute and relevant issues. While recognizing its indisputable importance in application-oriented terms, it is impossible to ignore its fundamental scientific and theoretical complexity. To a large extent, this is due to the vagueness and uncertainty of the fundamental terminological foundations of the concept. Additional sophistication and complexity of this issue is due to the unique peculiarities of the legal regulation mechanisms in the field of innovation and digital information technologies. The cyber economy and data economy are characterized by increased volatility (hypervolatility) and an extremely short retrospective. Therefore, the legal norms characterized by a precedent nature are either ineffective or simply inapplicable. This article formulates and substantiates the argument of the need for a proactive approach focused not on the retrospective that concerns past violations, but taking into account the objective trends in the development of the cyber sphere (new information technologies).

The purpose of this article is to establish the theoretical and normative-legal features of the sign of illegality in different mechanisms for implementing the constitutional right to appeal the actions and decisions of officials under Russian legislation. The authors relied on several methodological approaches popular among legal scholars in the field of constitutional rights issues. In particular, the authors relied on theories of constitutionalization, legal institutionalization and legal formalization of the conditions for appealing against actions and decisions of officials. The systemic and formal-logical methods were also of methodological importance. They allowed analyzing examples from current Russian laws. Conclusion: the authors identified the features of the legal technique that predetermined the content of legislative norms. This is justified by the evolution of regulatory and legal material of different industry affiliations. The authors also focused on the variability of the mechanisms for implementing the constitutional right to appeal the actions and decisions of officials in the industry range. This allowed them to establish the conditions under which substantive and procedural grounds arise for seeking a judicial assessment of the contested actions and decisions.

The article examines the development of artificial intelligence technologies that are important for achieving the strategic goals of the Russian Federation in the context of social and economic challenges of our time. The study emphasizes that the dynamic development of public relations in the context of a digital economy based on high-tech production requires the active implementation of artificial intelligence in various spheres of life. The author examines the types and features of financial support measures, including support for innovative activities in the field of artificial intelligence. The article reviews the problem of a risk-oriented approach used in regulating relations related to robotics and artificial intelligence. Attention is drawn to the fact that the risk-oriented approach is highlighted as one of the principles of the Concept for the Development of Regulation of Relations in the Sphere of Artificial Intelligence and Robotics Technologies until 2024. The author also examines the issues of financial and legal restrictions and financial and legal incentives as measures of influence on relations related to the development of technologies in Russia. The article emphasizes the importance of financial incentives for the development of the artificial intelligence industry in Russia, notes the significant role of financial restrictions in the field of artificial intelligence development and its implementation in various spheres of life. The author summarizes that financial and legal restrictions can have a special impact on the development of innovation processes. It is emphasized that experimental legal regimes are a special type of restriction expressed in the granting of exclusive rights to participants in the regime.

The purpose of the study. The ambiguous and unclear interpretation by the tax authorities, in contrast to the accounting rules, the differentiation of the concepts of movable and immovable property, as well as an arbitrary approach to the term «single immovable complex», give rise to unjustified accrual of property tax on organizations for participants in the electricity market, in relation to power machines, generating and electric grid equipment of companies participating in the electricity market. This state of affairs generates a lot of litigation with contradictory decisions, thus forming a legal conflict. The strategic importance for the state and the special role of the electricity market in the formation of the digital economy, the need to increase investment in increasing production volumes and modernizing this area require unambiguity and clarity on the issue of taxation. To solve the problem, the author proposes to supplement part 4 of Article 374 of the Tax Code with paragraph 13, with the exception from the object of taxation the generating, electric grid, distribution and lowering equipment that is involved in ensuring the functioning of the electricity market. It is precisely this change in the Tax Code that will allow this legal conflict to be resolved with minimal effort for government agencies.

The article examines the criteria for the permissibility of the free use of works of art and architecture located in places open to the public, from the point of view of maintaining a balance between the interests of society and the copyright holder. The subject of the study is a comparative analysis of the limits of fair use of a work posted in a public place in Russian legislation and the law of France, the USA and Japan. It is concluded that in Anglo-Saxon law, the court establishes a balance of interests, determining the admissibility of the priority of private interest over the author's right. The French legal system puts the interests of the author before the public interest, and any exceptions to the author's monopoly right are legally limited. Japanese law allocates ownership of the original work of art, limiting the limits of the owner's control over the tangible object. When determining the permissible application of criteria for the free use of individual parts of a landscape garden.

The article is devoted to the peculiarities of legal regulation of relations related to the establishment of facts that impede the conclusion and registration of marriages in the territory of the Russian Federation. The author analyzes the specifics of establishing such circumstances as «the presence of another registered marriage», including that of foreign citizens, as «recognition of a person as incompetent due to a mental disorder by virtue of a court decision» and highlights the legal problems of fictitious marriages complicated by a foreign element. It is significant that the study is devoted to the problems of introducing centralized information resources—registries—into this area of legal regulation of social relations. The goals and objectives of the stated research topic are resolved in the context of clarifying the legal issues of the systemic interpretation of family law and legislation on the legal status of foreign citizens in the Russian Federation. The author comes to the conclusion about the need for further improvement of the legislation determining the functioning of information resources—registries that allow promptly establishing facts that impede the conclusion of marriage or complicate its registration for purposes not related to the creation of a family.

The purpose of this work is to study the institute of a significant change in circumstances in relation to the situation of impossibility (inexpediency) of continuing work under an R&D contract. An analysis of the criteria for a significant change in circumstances is carried out, such as: insurmountability, unforeseenness, materiality, and risk aversion. Based on the results of the study, the author concludes that the provisions of Article 451 of the Civil Code of the Russian Federation are applied when such circumstances are extraordinary, extraordinary, while the performance of the contract, although actually possible, creates a significant distortion of the balance of interests of the parties. If we are talking about the impossibility of performing (inexpediency of continuing) the work due to the presence of external circumstances that do not depend on the will and fault of the parties, and are an obstacle to satisfying the requirement for enforcement of the actual performance of the obligation, which are of an irremovable (permanent) nature, special rules of Chapter 38 of the Civil Code of the Russian Federation apply, establishing a mechanism for the automatic termination of obligations arising from the R&D contract.

The article examines the impact of information technology development on the methods and means of operational investigative activities. It analyzes the current state of IT use in operational investigative activities, prospects for their further implementation, as well as the role of information technologies in modern crime, including the use of encryption, anonymous networks, cloud storage, cryptocurrencies, and social engineering methods by criminals. The necessity of improving the system of operational investigative information and introducing new technologies into the activities of operational units for effective counteraction to high-tech crime is substantiated. Gaps in legislation are analyzed and ways to improve it are proposed. Typical operational investigative situations arising in the detection and solving of IT crimes, including remote fraud, are considered, and their classification is proposed. It is concluded that the development of IT opens up new opportunities for both criminals and operational units. The key promising areas are the integration of information systems, the use of artificial intelligence, big data, blockchain analysis, and the development of methods for detecting electronic traces. The implementation of these areas will improve the effectiveness of operational investigative activities, strengthen the information and analytical capabilities of operational units, and more successfully counter modern forms of crime.

The purpose and objectives of this article are to consider the problem of gaps in the international legal regulation of intercivilizational interaction using the example of Russian–Mongolian relations. Methodological approach. The main method is the comparative legal method, as well as theoretical methods of analysis, comparison and generalization. Results and conclusions. The article examines the gap in the regulation of intercivilizational interaction between Russia and Mongolia, concludes that it is necessary to fill this gap for the harmonious development of bilateral relations between the two countries and the promotion of their interests within the framework of intercivilizational associations. The originality and value of the work lies in the description and analysis of the problem of gaps in the international legal regulation of intercivilizational interaction between Russia and Mongolia in a polycentric world order.

The article analyzes the theses on the content of relevant international trade law documents in the context of interaction between interested international organizations. As a result, three types of mechanisms of international legal cooperation are argued in order to regulate the use of marketplaces. The first type of international legal mechanisms is characterized by direct cooperation of interested international organizations in the field of e-commerce. The second type is mediated cooperation of competent subjects of international trade law within the framework of blank and approving interaction. The third type includes mechanisms for special cooperation of interested international organizations in the field of e-commerce, which are characterized by functional, territorial, and informational content.

The article provides a comprehensive analysis of the risks associated with investing in digital financial assets, including credit, market, liquid, technological, legal and tax aspects. The purpose of this work is to analyze the risks associated with investing in digital financial assets, taking into account the current legal framework and market specifics. Tasks: quantitative analysis of credit risk; assessment of market risk and volatility; quantitative analysis of liquidity risk; analysis of legal risks; quantitative analysis of technological risks; quantitative analysis of tax risks; a model for assessing total profitability and risk as a quantitative analysis tool; the VaR model as a quantitative risk analysis tool; the Monte Carlo model as a quantitative risk analysis tool. Methods and models: The quantitative analysis method is used in this work. Special attention is paid to mathematical models for risk assessment and management, such as the credit risk model.

The purpose of the study is to conduct a systematic analysis of the problems and prospects of the textile industry in the production of new generation textiles. The paper argues the following conclusions. New generation fabrics influence the development of the textile industry by utilizing the achievements of biology, electronics, engineering, chemistry and physics. They meet modern requirements for functionality and versatility, use intelligent sensors, adaptive materials and components. It is established that the main problems associated with the life cycle of new textiles are high cost; limited opportunities for use in mass production and customer satisfaction; compliance with operational and information security requirements; negative environmental impact and relative short lifespan. It is shown that in the coming years we should expect significant growth in the markets of smart textiles, clothing that generates energy and fashion products integrated with artificial intelligence; widespread adoption of the above technologies not only in niche segments, but also in the mass-market. This will significantly change the textile business, which is on the threshold of great changes.

Report. The purpose of the study is to improve the methodology of internal control of airlines as representatives of cargo and passenger transportation. The tasks of developing and supplementing the tools of risk-oriented approach methodology in internal control are set and solved, in particular, the formation of indicators and the degree of risk for each risk situation of the business process is proposed as the basis of the audit methodology. The methodological basis of the research is the system and process approaches to the problem under study. In the course of the research, general scientific methods of logical analysis and synthesis, in particular, typology and generalization were used. Model. Based on the study of extensive empirical material, internal control techniques, their tools were investigated, which revealed the possibility of making adjustments, in terms of specific elements of the aviation industry, taking into account the peculiarities of airlines' activities. Conclusions. As a result, conclusions are made that the existing methods of internal control and risk-oriented direction in them, it is necessary to use risk assessment indicators and the specifics of airlines' activities. Despite the fact that airlines are large representatives of cargo and passenger transportation and their activities differ from many companies engaged in the same activities, the proposed elements can be extrapolated to other organizations. Practical significance. The practical significance of the results of the study lies in the fact that they can be directly applied in the real practice of airlines. Originality. The obtained conclusions on the basis of the proposed elements of internal control of airlines, in particular, the fixation of risks by business processes and subprocesses, and, on the basis of them, the formation of key indicators, the assessment of the degree of risks, will allow to develop optimal positions at the onset of a risk situation in the form of control procedures and oriented on measures to respond to them.

The Soviet Union became the first country in the world with universal drug guarantees for the entire population, which in the period 1920-1935 received free medicines prescribed by a doctor not only for inpatient but also outpatient treatment. In 1935, this organization of drug provision was replaced by a complex system of benefits for some groups of the population, which is preserved today in the Russian Federation. The purpose of the study is to analyze the impact of the universality of drug guarantees on the economic efficiency of healthcare systems. Conclusions. Practical recommendations for the creation of a system of universal drug guarantees in the Russian Federation. The importance of the universality of guarantees of free drug provision is due, on the one hand, to the fact that the patient's intake of medicines prescribed by a doctor is an integral part of medical care. Thus, the inability of citizens to purchase (receive) medicines prescribed to them within the framework of free medical care guaranteed to them in state and municipal institutions at the expense of the relevant budget, insurance premiums and other health care receipts de facto violates the right to free medical care guaranteed by Article 41 of the Constitution of the Russian Federation.

The relevance of the research topic is due to the need for a scientific analysis of changes in the understanding of branding, in channels and methods of brand promotion, models of brand and consumer interaction in the context of the impact of digital technologies on the business process. The purpose of the study is to study the digital transformation of the branding concept. The authors use general scientific research methods (analysis, comparison, generalization), as well as elements of phenomenological and analytical approaches. As a result of the research, the main features of the difference between digital marketing and traditional marketing are revealed; the advantages of digital marketing in terms of more effective interaction with customers are indicated; the content of the concept of digital branding is clarified; digital branding trends are outlined.

In the article, the author reveals the content of the processes of activation and integration of key aspects of corporate social responsibility in the digital marketing strategy of leading entities of entrepreneurial and commercial activity in the sports industry. The relevance and practical significance of this study is determined by the need to rethink and reassess socially-oriented communication methods for the purpose of subsequent comprehensive adaptation of the target consumer audience to the changing digital landscape of the sports market. To achieve the stated goal of the study, the author uses the following scientific methods in the work: data analysis, measurement, abstraction, comparative characteristics, systematization. The result of the study is a scientifically substantiated conclusion that in the modern world, where digital technologies play a key role in the daily lives of consumers, industry sports companies and brands need to adapt and adjust to completely new requirements of business and industry economics, primarily in the context of updating sustainable development factors such as environmental protection, corporate social responsibility, digital transformation of the sports industry.

The article examines the factors, features and trends in the development of foreign trade payments as an integral part of the global foreign exchange market in the context of global financial imbalances, deglobalization processes and the sanctions regime against Russia. Special attention is paid to alternative calculation mechanisms in foreign trade transactions, as well as to the characteristics of the channels of influence of the current conditions of the functioning of the Russian foreign exchange market on the strategy of monetary policy. Given the fact that the development of foreign trade payments has become one of the key areas of financial market development, it is extremely important to actively work with foreign regulators and market participants, based on the priority of building foreign economic activity on market principles, in terms of financial services activities, giving priority to the use of the Russian ruble and other national currencies in international settlements. The article also analyzes and identifies, in the author's opinion, the most effective methods of work to overcome existing limitations and create conditions for the development of an international settlement system that fully meets the challenges and needs «in the era of modern times».

The relevance and purpose of the work. The relevance of studying the role of hybrid coordination in the development of the social sphere is due to the need to substantiate a comprehensive model of hybrid coordination of the social sphere. The available data on individual instruments of hybrid coordination need to be summarized and, based on them, a methodology for forming a model of hybrid coordination needs to be developed. The purpose of the article is to study the impact of the intensity of hybrid coordination on the volumetric indicators of social sphere output. The materials and methods of research. The research methodology is based on determining the connection between the output of social sectors and indicators characterizing the intensity of the use of hybrid coordination, followed by comparison of the results obtained in two time ranges «2013–2019» and «2013–2023». The results of the work. As a result of the study, we can conclude that when expanding the range of analysis, there is a moderate increase in the number of regions demonstrating high connectivity between the social sphere output indicator and the intensity of use of coordination within the framework of quasi-market interaction models. Also, with the expansion of the range of analysis, there is a reduction in the number of regions demonstrating high connectivity in the output of social sectors and the use of coordination within the framework of public-private partnerships and the issuance of grants. This circumstance is due to a reduction in the implementation of the designated projects. The Conclusions. It is confirmed that there is a connection between the use of hybrid coordination models and the release of social sectors. This situation is explained by the possibility of expanding the resource base of the social sphere by attracting capital from private companies and the budget during the implementation of public-private partnership projects and grant financing, optimizing costs and attracting public funds with the active use of quasi-market mechanisms.

The purpose of this study is to form an understanding of the value and application of marketing and branding in the Russian wine industry. The article describes the negative events of the past and the prospects for further development of the wine industry in Russia. This analysis showed that over the past 30 years, most Russian manufacturers have significantly improved the quality and range of their products. Conclusions. Marketing and branding of wine products allows you to use knowledge about customer preferences, market information and product information in the process of providing value to customers by differentiating the brand in the market. The differentiation of wine products has become an important issue in the modern wine industry. Due to the increase in the variety of wine, an important role is played by the individual choice of consumers, reflecting differences in basic tastes, preferences and incomes of consumers, as well as marketing and branding of wine, the formation of recognition in the market. On the supply side, product differentiation is a powerful tool for wine companies to mitigate the adverse effects of price competition for profit. This article explores the relative importance of various attributes, including variety, brand, and geographical origin, and their impact on consumer choice.