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卷 17, 编号 2 (2021)

Articles

Strategic paradigm in the context of the world economy depression and a large-scale pandemic

Aliev A., Saveliev V., Saveliev A.

摘要

The purpose of the article is to identify the mechanisms that give rise to economic depressions and crises in the world economy of the XXI century. The article proposes a possible methodological strategy for the functioning of the national economy in the context of sanctions and pandemics. The authors seek to identify the most promising points of institutional solutions aimed at overcoming new economic challenges. The empirical and theoretical basis of the article is the material of economists, legal scholars and the historical experience of organizing economic space.
Economic Problems and Legal Practice. 2021;17(2):18-24
pages 18-24 views

Improving customs and tax administration in the new economic environment

Kostin A.

摘要

The purpose of the research. This article considers the particularities of building the system of customs and tax administration by the federal executive authorities of the Russian Federation in the present context. This system is still characterized by its problem areas: first, a weak level of interdepartmental communication (in the context of economic transformation towards the new technological setup, this problem is coming to a visible key place - the latest information technologies impose completely different requirements on the efficiency of the organization of the process of customs clearing and processing as well as on the qualification of specialists in the customs field); second, an insufficient level of coordination between the customs service and participants in foreign economic activity (this issue is apparent in lacking the dispute-resolution mechanism in the main area of interaction - determining the customs value and calculating customs payments); third, the formal content of international customs cooperation. Conclusions. The study made it possible to identify the key areas of development of customs and tax administration in the new economic environment, in particular, the need for a fundamental change in the approaches implemented by the customs service of Russia, in cooperation with participants in foreign economic activity, other federal executive authorities and, above all, tax authorities, customs administrations of other countries and international organizations. The participation of customs authorities in the implementation of the Single Window Mechanism project is of key importance here.
Economic Problems and Legal Practice. 2021;17(2):25-37
pages 25-37 views

Sustainable development of economic entities: state and prospects of development

Kostygova L.

摘要

The purpose of writing the research paper is to analyze the current state and determine the main current trends in the sustainable development of economic entities. As a result of the research, the genesis of sustainable development of economic entities is considered, modern practices of assessing sustainable development are studied. The most popular method is the Global Reporting Initiative (GRI). The experience of using ESG indices to assess the sustainable development of companies is studied. The following issues are investigated: the use of non-financial reporting data and financial instruments to stimulate the activities of «green» companies; the formation of ecosystems of economic entities. In the course of the study, the main directions of regulation of the process of sustainable development of economic entities are established: 1. Formation and analysis of non-financial reporting; 2. Use of non-financial reporting data and financial instruments to stimulate the activities of «green» companies. 3. Formation of ecosystems of economic entities, ensuring partnership and continuous interaction in the field of sustainable development.
Economic Problems and Legal Practice. 2021;17(2):38-42
pages 38-42 views

The development of the corporate pension scheme in the electrical energy industry

Kiryukhin S.

摘要

The article is about the current state of corporate pension provision in the electric power industry of the Russian Federation, the main trends in the development of the institution of corporate pensions in the electric power industry are outlined, and possible ways to improve corporate pension provision at the enterprises of the electric power complex are also proposed. Designating the goal of the work - to reveal the features of the institution of corporate pension provision in the electric power industry on the basis of the relationship between the institutional structure of the electric power industry and pension schemes and the tasks accompanying its achievement - to form a brief description of the institutional structure of the Russian electric power industry, designation and comparative analysis of the pension schemes used in the organizations areas, identifying factors that determine a specific mechanism for depositing funds for corporate support, establishing general and specific in KPO mechanisms for various subjects of the electric power complex, the author, on the basis of a general scientific comparative method, identifies the general and specific in the KPO system as a whole and the KPO system of the electric power industry, as well as and especially in the schemes of corporate pension provision between various subjects of the electric power industry. The goal of the work is to reveal the features of the institution of corporate pension provision in the electric power industry on the basis of the relationship between the institutional structure of the electric power industry; as well as to identify pension schemes and the tasks accompanying its achievement; to form a brief description of the institutional structure of the Russian electric power industry, designation and comparative analysis of the pension schemes used in the organizations of the electric power industry; to study areas, identifying factors that determine a specific mechanism for depositing funds for corporate support, establishing general and specific in KPO mechanisms for various subjects of the electric power complex. The author reveals the institutional structure of the domestic electric power industry, including infrastructure organizations, companies in the electric power industry (generating and grid companies), the controlling body represented by the Ministry of Energy of the Russian Federation and, indirectly, non-state pension funds, and on the basis of this structure explains the presence or absence of some components of the Russian power industry corporate pension schemes. At the end of the work, a conclusion is drawn about the priority and advanced nature of the parity corporate pension scheme in the electric power industry, as well as proposals are made to include in the social programs of a number of energy organizations the direction of non-state pension provision and the most complete disclosure by organizations of the institutional structure of the electric power industry of information on existing systems of non-state pension provision.
Economic Problems and Legal Practice. 2021;17(2):43-49
pages 43-49 views

Mechanism for identifying and eliminating the consequences of illegal activities in the forest industry: organizational and economic dimension

Plotnikov V., Bulgakova M.

摘要

Illegal actions in the forest industry have a significant impact on national economic security, creating economic, environmental and social threats. In this regard, the authors conducted a study of the specifics of illegal activities regarding wood. Based on the analysis of statistical data on the number of crimes classified at the legislative level as ecological and illegal logging, the authors come to the following conclusion. The general trend to reduce the number of environmental crimes does not have a significant impact on the formation of a trend line for the number of crimes by the type of «illegal logging» under Art. 260 of the Criminal Code, the number of which remains at the level of 15 years ago. This indicates the sustainability of the threat to industry economic security. In addition, on the basis of an analysis of existing legislation and also the practice of compensation for damage from illegal actions related to logging, an organizational and economic mechanism for identifying and eliminating the consequences of illegal activities in the forest was developed and proposed, the difference of which is the application of an integrated approach to wood verification and the organization of interagency cooperation in the formation and use of data in the EGAIS-forest system at the territorial level.
Economic Problems and Legal Practice. 2021;17(2):50-54
pages 50-54 views

Methods for implementing state policy in the field of land management in the era of digitalization

Solovtsov A.

摘要

The article examines the methods of implementing the state policy of land management. Based on the determination of methods for the implementation of land policy as a set of development and adoption of regulatory legal acts regulating the development of land and property legal relations, as well as the development and implementation of state, municipal programs in the outlined areas of land policy, the conceptual compliance of land policy and methods of its implementation with the requirements of the digital economy was established. As a result of the analysis of criticism of the existing land management system, a conclusion was made about its indirect nature in relation to the process of digitalization of management. The article shows that these shortcomings, with the exception of some legal issues and low inventory rates, will be eliminated automatically in the process of implementing the state program «Digital Economy of Russia». Nevertheless, until the completion of this program (2024), the problem of the sufficiency and relevance of data for management decisions remains. As a solution to this problem, it is proposed to develop their own information systems for land management at the level of the subjects of the federation. The article shows that this measure does not contradict the state and national programs «Digital Economy of the Russian Federation» and the current regulatory standards; there are no legal and institutional obstacles for its implementation. The article also discusses the development prospects in Russia of the modern global trend for the implementation of 3D land management. The materials of the article show the obvious insufficiency of the existing state policy in this direction, therefore, the development of their own 3D systems at the level of the subjects of the federation is not advisable at the moment.
Economic Problems and Legal Practice. 2021;17(2):55-61
pages 55-61 views

Trends, problems and prospects of modernization and development of agricultural engineering in Russia

Solodovnikova N.

摘要

The article examines the state and current trends in the development of the Russian market of agricultural machinery. Based on the study of the current state of the agricultural machinery market and its dynamics, the work has developed proposals for managing the process of promoting agricultural machinery in the market that meets international standards. The study made it possible to draw the following conclusions. The Russian market of agricultural machinery has a great potential for growth, which is constrained by the low purchasing power of the agricultural producer. A very important point in ensuring the growth of sales of equipment, including abroad, is the fact that state support measures tend to expand more and more, with a corresponding increase in funding from the federal budget. Export access is one of the strategic objectives for the majority of Russian enterprises that produce agricultural machinery. The most preferred strategy is an offensive strategy of differentiated marketing, which should be focused on several market segments.
Economic Problems and Legal Practice. 2021;17(2):62-70
pages 62-70 views

Methods for selecting the optimal portfolio of projects with limited investment capital of the company to ensure the required energy efficiency

Esenov M., Sarkisov D., Kevorkova Z.

摘要

This article addresses the issue of providing an optimal project portfolio with limited company capital in order to ensure required energy efficiency. One of the ways to ensure company’s profit is to organize an optimal project portfolio, using a criterial approach to justify the choice of the selected portfolio organizing methods. This allows money flow tracing in order to prevent unprofitable or irrational expenses. This issue is particularly relevant for private organizations, including construction companies, whose activities are related to limited investment capital work conditions. Model. The article reveals methods and results of portfolio project management. The model project portfolio system of indicators is considered the example of Russia's bank networking in construction development. Conclusion. The key purpose of the method selection analysis for optimal project portfolio adaptation with limited investment capital is to identify their impact on the company’s profit, ensuring its economic safety. Practical importance. The conclusion that was made, leads to understanding of existing accounting, control, selection of optimal conditions for development and placement of production (including geographical factors, etc.), problems that affect the company's activities on the microlevel. In this article authors provide a range of parameters (indicators), serving as estimating indicators, based on which a report is conducted on the economic expediency of the construction company on a certain territory. Originality. As the result of the analysis and assessment of optimal portfolio project, related to financial loses, and its impact on economic success of the company, was suggested a portfolio project parameter system model to bring a solution for existing problem.
Economic Problems and Legal Practice. 2021;17(2):71-76
pages 71-76 views

Assessing the performance of the creative industries in the context of the pandemic

Korenkov A.

摘要

The purpose of the study. The article examines the impact of the COVID-19 pandemic on the creative sector of the economy in different countries, and also provides an ongoing assessment of the situation in the industries by analyzing statistics and expert opinion. To date, the global COVID-19 pandemic has not only changed people's habitual ways of life, but also had a significant impact on the global economy as a whole. All countries of the world are faced with a serious problem of finding a balance between saving people's lives and saving the industries of the economy. Many industries have suffered significant financial losses, including the creative industries, which have been among the fastest-growing sectors of the global economy over the past decade. It is worth noting that in the creative sector, as a result of the pandemic, there are clear «winners» and «losers». The purpose of this work is to analyze the current situation in the creative industries of different countries and identify the most vulnerable industries affected by the global COVID-19 pandemic. Conclusions. As a result of the work, both negative and positive effects that resulted from the pandemic were identified. New ways of working and business models have emerged, public behavior and public preferences in the industry have changed, and the structure of supply and demand has changed. While some players in the creative industries were adapting to modern realities and increasing their capital, others faced serious problems that affected the financial results for 2020.
Economic Problems and Legal Practice. 2021;17(2):77-80
pages 77-80 views

Impact of digitalization and improvement of the tax administration system on the shadow economy

Komolov N.

摘要

The scientific article is devoted to the research analysis of the transformation processes of the shadow economy of the Russian Federation under the influence of digitalization and in the conditions of the development of digital technologies used in business and the public sector. The relevance of the study is due to the fact that digital technologies are actively used not only by private companies, but also by tax monitoring authorities in order to ensure a decrease in the share of shadow business in the Russian economy. The article examines the features of the development of the shadow sector of the economy in the Russian Federation. Listed are the negative consequences of the development of the shadow economy. The factors leading to the growth of the shadow sector of the economy and modern triggers leading to the transformational processes of business shadowing are analyzed. The influence of tax policy on the transformation of the shadow economy is considered. The reasons for reducing the level of tax burden are argued. Highlighted innovative trends in improving the system of tax administration and monitoring, which are observed in tax regulation bodies under the influence of digitalization. In the conclusion of the article, the author found that within the framework of the digitalization of the national economy of the Russian Federation, there is a decrease in the share of shadow business, the transformation processes of which are faced with the emergence of new forms of tax administration, control and monitoring of state authorities to counter extralegal economic activity.
Economic Problems and Legal Practice. 2021;17(2):81-84
pages 81-84 views

The impact of environmental turbulence on the financial strategy of federal retail chain companies in the context of food security

Gaponenko V.

摘要

The purpose of this article is to study the impact of environmental turbulence on the financial strategy of federal retail chain companies in the context of food security and the retail market. The retail market in the modern world includes the process of selling services from companies in the conditions of turbulence of the external environment and individual entrepreneurs to the end consumer. This brings retailers together in a single system called the «supply chain». The main principles of retail are competitive advantages, self-improvement, orientation to the ideal, the ability to sell different products in one place. In this regard, retail is a special type of trade relations and their main feature is the use of special methods to reduce costs. The main income for retailers comes from both the trade margin and the sale of other related services to sellers of the finished product. The theoretical significance of this article is the analysis and systematization of scientific research related to the financial strategy of companies, as well as the features of its development in the turbulent external environment of companies. The practical significance of the presented research is that the proposed recommendations for improving the company's financial strategy are based on the assessment of the effectiveness of financial indicators, which will allow improving the financial strategy of companies of federal retail chains in the context of food security, in particular: «X5 retail Group». The conclusions obtained in the study are as follows: systematic research related to the financial strategy of a company, as well as the features of its development in conditions of turbulent external environment of companies in the retail market in the context of food security; Recommendations for improving the financial strategy of companies are proposed, which are based on the assessment of the effectiveness of financial indicators, which will allow improving the financial strategy of companies in the conditions of a turbulent external environment in the industry of federal retail chains in the context of food security, in particular: «X5 retail Group».
Economic Problems and Legal Practice. 2021;17(2):85-94
pages 85-94 views

Trends and prospects for the development of the Russian banking sector and its impact on the regional financial system

Pozdnyakov K.

摘要

The banking sector is one of the main structural elements of the regional financial system. The level of development of the banking system directly affects the growth of the activity of economic agents, socio-economic growth, and the process of regional reproduction. The state of the financial system of the region is largely determined by the financial results of the activities of banking organizations. The purpose of the study is to review the state of the banking sector based on the analysis of the performance indicators of the largest banks in Russia to assess the potential impact of the Russian banking sector on the regional financial system. The priority object of the analysis was the assessment of the dynamics of a number of important indicators of the sector in 2010-2020: net assets, capital, net profit, loans issued to enterprises and organizations, deposits of individuals. To analyze the financial activities of banks, the author used economic and statistical methods, correlation and regression analysis, on the basis of which the forecast of the sector for 2021-2022 was made. Conclusions. As a result of the research, the author came to the conclusion that the growth rate of the banking sector is slowing down, which negatively affects the investment attractiveness of the banking business. Analysis of the dynamics of the main banking indicators revealed that the growth of the banking sector is largely provided by the largest banks with direct and indirect state control. Regional and private banks are not able to compete fully with the largest federal banks. The uneven development of the banking industry reduces the attractiveness of its segments for small banks, increasing their capital, net assets and profits. In the period 2021-2022, it is predicted that the current trends will continue and the main indicators of the banking sector will grow slightly, which will be determined by the market leaders.
Economic Problems and Legal Practice. 2021;17(2):95-101
pages 95-101 views

Digital model of effective taxation in Russia

Moroz V.

摘要

The article analyzes the collection of taxes, fees and other mandatory payments during their administration by tax authorities. A reform of tax legislation is proposed, a transition to the use of a minimum number of taxes and fees through the automation of processes and a taxpayer dossier (electronic), which will allow tax inspectorates to conduct much more tax audits with minimal costs and receive a larger amount of tax revenues to all levels of the budget system of the Russian Federation.
Economic Problems and Legal Practice. 2021;17(2):102-106
pages 102-106 views

Currency substitution, financial innovation and monetary policy effectiveness in Nigeria

Ofem L.

摘要

This research work reviewed the currency substitution, financial innovation and monetary policy effectiveness in Nigeria. The objectives of this study are to determine the impact of financial innovation on inflation and the impact of currency substitution on inflation in Nigeria using the time series data. This paper employed the Ordinary Least Square (OLS) regression method in estimating the specified equation, statistical tests such as the t and F-statistics, adjusted R2, and the econometric criteria in which the Durbin-Watson test is used to assess the estimates for the presence of auto-correlation. Findings from the research shows that financial innovation does not have a significant impact on inflation in Nigeria and also currency substitution does not have a significant impact on inflation in Nigeria.
Economic Problems and Legal Practice. 2021;17(2):107-116
pages 107-116 views

Modernization of accounting, analytical and control processes in the conditions of digitalization of the economy

Melnik M., Suglobov A.

摘要

Task. The article formulates the conditions for the effective use of digital technologies in economic entities: the requirements for information support, the organization of business processes that take into account the capabilities of modern communication systems, the organization and formulation of accounting, analytical and control processes focused on modern information technologies and methods of modeling production processes are substantiated. Models. The article proposes models of information support, focused on the development of reporting of economic entities and the improvement of accounting and control processes and methods of economic analysis, substantiated the composition of the models used in the construction of information support for typical management decisions and basic management functions. Conclusions. The article defines the relationship between the organization of accounting and control processes with the capabilities of modern information technologies and modeling and formulates the requirements for the construction of a system of indicators, algorithms for their calculation and presentation in the information system, taking into account the business models of the development of an economic entity. Practical significance. The article provides specific recommendations for setting up accounting and control processes and organizing analytical work, contributing to the effective use of modern information technologies, communication systems and methods for modeling production and management processes. Originality. The specificity of the article is the definition of the areas of activity of the accounting and financial service in order to adapt the methods of its work to the use of digital technologies, in particular, improving information support, taking into account the possibility of obtaining the necessary data from documents characterizing the activities of the enterprise, identifying alternatives in choosing the main indicators and methods of measuring them, the use of new capabilities of communication systems and the expansion of the use of modeling methods.
Economic Problems and Legal Practice. 2021;17(2):117-126
pages 117-126 views

Analysis of publication activity in the field of business reporting language XBRL

Spitsina D., Sitnov A.

摘要

Task. Task. In the Russian scientific environment, the number of articles on XBRL is growing rapidly in the period 2015-2020. The catalyst in this case is the implementation of the requirements for reporting in the XBRL format by the Bank of Russia, starting with the development of the roadmap on XBRL implementation in 2016. The article considers the features of the thematic distribution of publication activity in the field of the XBRL format in the Russian scientific environment in connection with changes in the regulatory requirements of the Bank of Russia. A comparison of information saturation on XBRL business reporting standard in the Russian and foreign scientific environment is made. Model. Based on the text analysis of the word cloud, compiled on the basis of 128 Russian scientific papers from 2002 to 2020, the most relevant topics for further research are identified. The results of the study may be useful to representatives of the Russian scientific community. Practical importance. The results of the study may be useful to representatives of the Russian scientific community in the process choosing a research topic in the field of business reporting language XBRL. Originality. The analysis of publication activity has shown that the increase in the number of XBRL studies is associated with an increase in the regulatory documents of the Bank of Russia. At the same time, the specifics of the application of the XBRL business reporting standard for individual economic entities and the market analysis of existing software products are identified as the least disclosed topics.
Economic Problems and Legal Practice. 2021;17(2):127-130
pages 127-130 views

The future of corporate reporting

Bogataya I.

摘要

Task. In the context of the COVID-19 pandemic, digital transformation and the increasing turbulence of the external environment, the need for economic growth that does not harm the environment and contributes to solving social problems by ensuring a balance between economic, environmental and social development based on the Concept of sustainable Development has increased, which actualizes issues related to the development of methodological approaches to the formation of corporate reporting, which should disclose not only financial, but also non-financial information about the value creation process in the organization. All this requires a study of the relationship between the development of accounting and the evolution of financial and non-financial reporting, as well as the established practice of forming integrated reporting and ways to improve it further. Methods. The article examines the applied accounting theories, classifications of accounting types, reviews of trends in the field of reporting conducted by the Deloitte Audit and Consulting Group, the International Consulting Firm Corporate Citizenship, and analyzes the regulation of the integrated reporting process by international organizations. Summary. This article substantiates the feasibility of developing strategic accounting and the evolutionary-adaptive theory of reporting as a basis for the formation of integrated reporting in the context of digitalization. Practical importance. The proposed directions for improving corporate reporting can be applied to the identified trends and recommendations, can be used to improve the accounting and analytical systems of commercial organizations, as well as methodological approaches to determining the composition of corporate reporting, including financial, various types of non-financial reporting and integrated report. The analysis of the prospects for the development of integrated reporting is the basis for improving corporate reporting. Originality. Based on the results of the study, the relationship between the development of accounting and the evolution of financial and non-financial reporting is justified. Based on the generalization of the existing practice of forming integrated reporting, the ways of its further improvement are determined on the basis of the development of strategic accounting and the evolutionary-adaptive theory of reporting.
Economic Problems and Legal Practice. 2021;17(2):131-137
pages 131-137 views

Trends in accounting policy improvement due to the evolution of reporting paradigms

Rumyantseva V.

摘要

Task. The reporting of economic entities is in a state of constant evolution and improvement, which is due to the constantly changing conditions of the internal and external environment of functioning and the changing information requests of users of reporting. The development of new reporting models and the evolution of reporting paradigms are a kind of response to a number of problems that have accumulated in the traditional financial reporting model. The objective of the study is to show that accounting policy, being the basic regulation of accounting and reporting, should change and expand its boundaries in order to comply with the trends in improving the reporting of economic entities and to ensure the development of economic entities through the proper elaboration of their aspects. Model. The article examines the existing reporting models and trends in their development and improvement, which determine the directions of development and improvement of accounting policies. The financial reporting of an economic entity traditionally includes accounting, management and tax reporting. In the case of the practice of conducting joint activities, consolidated statements are formed. The trend in the development of reporting is the emergence of new reporting paradigms - reporting in the field of sustainable development and integrated reporting. It is necessary to develop a clear reporting methodology of a new level; accordingly, the boundaries of the traditional accounting policy are expanding. Summary. The conclusion is made about the need to expand the boundaries of accounting policies in the context of expanding the boundaries of reporting Traditionally, accounting policy in the process of its formation and disclosure covers two areas of issues. Firstly, these are issues related to the accounting process (organizational and technical aspect of accounting policies), and secondly, these are issues related to the impact of accounting policies on financial results and the formation of final financial statements (methodological aspect of accounting policies). In connection with the development of new reporting models and the deepening of the corporatism of the existing reporting model, the urgency is expanding the boundaries of accounting policy by highlighting its new aspects: contractual, managerial and tax. Practical importance. The relevance of the elaboration and application of accounting policies, the boundaries and economic meaning of which are expanding due to the expansion of the reporting boundaries, have been substantiated. The reporting boundaries expand to the boundaries of the business of an economic entity. Accordingly, the accounting policy should cover the integral reproduction process of an economic entity, expanding its boundaries from the methodology of organizing and regulating a purely accounting process to the level of methodological guidance for building business processes of an economic entity, taking into account the accompanying business risks in the process of creating value by this business. Originality. As a result of the study, it was concluded that the accounting policy should regulate not only the issues of operating, financial and investment activities, but also regulate relations with departments and stakeholders, going beyond the standardized regulations for organizing the accounting process and reporting. Expanding its boundaries, accounting policy, in fact, becomes an instrument of corporate governance.
Economic Problems and Legal Practice. 2021;17(2):138-144
pages 138-144 views

Impact of digitalization on the organization of internal control system

Nguyen T.

摘要

Task. The ubiquitous nature of the digital transformation, which takes place in various industries from healthcare to the metallurgy, confirms the relevance of the issue of digitalization’s effectiveness at the enterprise. Digital transformation of business processes implies the need in relevant changes to the internal control system, which aim is to ensure the effectiveness of the organization. At the same time, digitalization provides opportunities to improve the work of the ICS. This article examines the main aspects of implementation of digital technologies into the internal control system of an economic entity. The impact of digitalization on internal control is considered in the context of the components highlighted in the COSO concept: control environment, risk assessment, internal control procedures, information and communication, monitoring. Model. The article analyses the methods of organization of internal control. Summary. This article highlights the benefits of using digital technologies in internal control, as well as offers recommendations for organizing ICS for the purpose of ensuring the successful implementation of digital technologies in the business processes of the organization. Practical importance. Due to the universality of the COSO concept, the proposed aspects of improving the components of internal control can be applied in organizations from various industries and regions. Implementation of the conclusions in the activities of a specific economic entity depends on the level of use of digital technologies in the key business processes, as well as the financial and technical capabilities of the organization. Originality. Based on the results of the study of the issue related to the impact of digitalization on the organization of ICS, specific options for using digital technologies for internal control were proposed, as well as measures to mitigate the risks associated with the introduction of these technologies into the activities of an economic entity.
Economic Problems and Legal Practice. 2021;17(2):145-149
pages 145-149 views

Features of departmental control of purchases

Levandovskaia A.

摘要

Task. The issue of assessing departmental control is currently not fully developed. A sectoral study and practical testing of indicators is needed to ensure an objective assessment of the state (municipal) procurement system’s functioning, and further the effectiveness of departmental control of public procurement will become higher. Model. The article discusses the methods of organizing departmental control. Summary. This article highlights the features of departmental control, and also offers recommendations for organizing departmental control for the purpose of increasing the business processes’ efficiency for organizations-subjects of 223-FZ. Practical importance. The proposed aspects of improving the components of departmental control can be used by various departments, due to their universality and adaptability for all categories of Customers of goods, works, services. Originality. Based on the results of the study departmental control’s sufficiency, specific options were proposed for the using of real indicators for the implementation of departmental control not only from a formal, but also from a practical standpoint, to further increase the efficiency indicators of procurement activities of Customers.
Economic Problems and Legal Practice. 2021;17(2):150-153
pages 150-153 views

Digitalization within Internal Control and Audit in the Public Sector

Giniyatullina D.

摘要

A task. The digitalization of the economy entails the transformation of economic institutions and the system of public administration. One of the problems of public finance management is the formation of IT-systems of state financial control and internal, to ensure the efficient use of budgetary funds. Purpose of the study. Studying the processes of digitalization of internal control and audit in public sector organizations. Determine how the process of organizing internal financial control and audit will be carried out in public sector organizations in a digital state, its features. In this paper, the possibilities of the digital economy for optimizing control are given, and a list of risks is presented. Practical value. The conclusions made lead to an understanding of the current state of digital technologies, their advantages and features. The area of application of the research results is the system of state financial control, in particular the system of internal financial control and audit of public sector organizations. Originality. As a result of the study of the issue related to the digitalization of the internal financial control and audit system, the main risks and threats were identified when conducting internal financial control and audit in the context of digitalization.
Economic Problems and Legal Practice. 2021;17(2):154-157
pages 154-157 views

COBIT standard as an audit tool of government information systems

Bubnova M.

摘要

Task. More companies use information systems and technologies in their work. State authorities are also not lagging behind and are introducing information developments. This contributes to the build-up of potential errors of systems when organizing their incorrect work. Thus, it becomes necessary to introduce an audit of information systems. The COBIT can serve as a tool in this case. This article explains the concept and legal necessity of innovations in question by presenting analysis of tax authorities. Summary. The development of information technologies and processes in modern society contributes to the introduction of new developments that may have certain risks. Elimination of potential risks to the system can be facilitated by performing an audit during the implementation phase. The COBIT standard satisfies the principles, goals and objectives of auditing IT processes and systems. Practical importance. The research reveals the relevance of the implementation of information technologies and platforms, contributing to a preliminary analysis of their maturity by organizing audit activities based on the COBIT.
Economic Problems and Legal Practice. 2021;17(2):158-161
pages 158-161 views

Econometric analysis of Russian Federation’s banking system

Tregub I., Musalaev Z., Tregub A.

摘要

The article presents a study of the impact of macroeconomic indicators of the development of the national economy of Russia on the assets of a group of Russian banks belonging to the middle part of the Central Bank's rating list by assets. The study was carried out using the methods of correlation-regression analysis. Based on the development of an econometric model, it is shown that indicators such as the consumer price index, GDP, GDP growth rates do not have a significant impact on the stability of the banks of the studied group. At the same time, the US dollar/ruble exchange rate and key interest rate are determinants of the financial soundness of banks.
Economic Problems and Legal Practice. 2021;17(2):162-169
pages 162-169 views

Forecasting national income based on a modified Keynesian model

Kontsevaya N.

摘要

The paper considers several ideas that can be useful in a systematic approach to the analysis of both the dynamics of macro indicators and regression models based on such series. Approaches to accounting for seasonal fluctuations in econometric modeling are analyzed. Numerical experiments with models of different types of seasonality accounting are carried out, conclusions and recommendations are formulated. The best results in practice are obtained using adaptive modeling based on the multiplicative model of seasonality accounting. The possibilities of constructing forecast estimates are shown on the example of studying the dynamics of current trends in the Russian economy. A modification of the Keynes model for the open economy is proposed, on the basis of which it is possible to estimate future levels of national income. The results of forecasting based on the modified model are shown in comparison with the actual levels.
Economic Problems and Legal Practice. 2021;17(2):170-175
pages 170-175 views

The dynamics of accounting reports as an indicator of the deterioration in bank’s financial standing

Shurakova D.

摘要

The purpose of the article is to predict the financial condition of banks in the Russian Federation using mathematical modeling tools. The main task is to develop a machine learning algorithm to predict the deterioration of the financial condition of banks. The article describes the construction of regression models that make it possible to predict bank ratings based on the published reporting forms of credit institutions. The built models are of two types: the first model predicts the current ratings of banks, the second predicts future ratings in three months time horizon. Combining the two models makes it possible to predict rating downgrades for any bank in Russia. The quality of the models was assessed, and conclusions were drawn from the results obtained.
Economic Problems and Legal Practice. 2021;17(2):176-186
pages 176-186 views

Main directions of improvement of legal technique using digital technologies

Barzilova I.

摘要

The article discusses issues related to the use of digital technologies to improve legal technology in lawmaking, law enforcement, interpretation and systematization of law. The aim of the study is to identify the features of using digital technologies to improve legal technology, depending on the stages of the law-making process, as well as in the process of applying, interpreting and systematizing law. This is necessary to determine the main directions of using digital technologies in these processes, to optimize rules and tools. techniques of legal technique. As a result of the study, the author comes to the conclusion that the potential of digital technologies in the context of legal means is not being used sufficiently. Digital technologies make it possible to optimize the entire law-making process as much as possible; rationally use the available economic, material, intellectual, organizational resources. The paper concludes that digital technologies significantly reduce the time frame for the implementation of law-making procedures; the effectiveness of monitoring of current legislation, systematization of law is increasing. The means, techniques and rules of legal technique need to be adjusted taking into account the use of digital technologies, their potential and capabilities. In lawmaking, digital technologies play a special role in the subject-technical component of legal technology related to the search, processing, systematization of information necessary for drawing up a draft regulatory legal act. The author comes to the conclusion that digital technologies can be used to rationalize the applicable legal structures, including a list of participants in legal relations, their subjective rights and legal obligations, responsibilities, principles and scope of the rule of law; calculating an algorithm for possible actions of participants in legal relations, determining deviations in their behavior, legal means and mechanisms that can be used in a draft normative legal act. Digital technologies can be used to analyze and select legal terminology used in the text of a regulatory legal act; creation of electronic dictionaries of legal and technical terms; conducting legal, technical and doctrinal examinations of draft regulatory legal acts, etc.
Economic Problems and Legal Practice. 2021;17(2):187-192
pages 187-192 views

Problems of formation of the actual composition

Tsukanova E.

摘要

The purpose of the study. The article deals with the problems of the formation of actual structures as the grounds for the emergence, change and termination of legal relations. The process of accumulation of elements of the actual composition is analyzed, each of which is an independent legal fact. The aim of the study is to establish the patterns of the order of occurrence of individual factual circumstances and their significance for the formation of the composition as a whole. Results. Based on the analysis of the approaches of dynamic and static legal capacity, it is concluded that as a methodological premise, such a distinction between legal capacity and subjective law should be used, according to which legal capacity is exhausted only by the possibility of a unilateral order, namely, only by a measure of possible behavior. Subjective law, in turn, includes in its content not only this possibility, but also the possibility of demanding certain behavior from persons who are entrusted with a legal obligation corresponding to subjective law. The author also concludes that each of the elements of the actual composition has legal significance and should not be considered as completely indifferent to the possible legal consequences until the composition is fully formed.
Economic Problems and Legal Practice. 2021;17(2):193-196
pages 193-196 views

Theoretical aspects of the implementation of the constitutional rights of citizens to quality food and a decent standard of living (history and modernity)

Belkharoev H.

摘要

The article considers the constitutional rights of citizens to quality food and a decent standard of living. The article examines international legal documents that confirm the position of eradicating hunger by providing the population with access to the necessary food. The experience of interaction between the Caspian countries and the Customs Union of the EAEU was studied. It is shown that the geopolitical situation in the world requires adjustments and rethinking of approaches to ensuring Russia's food independence. The policy of our country's leadership on import substitution, as a chance to restore production capacity in all sectors of the economy, not only in the agro-industrial complex, was supported. The problems of reforms (1861; 1906; 1920-30-ies; 1990-ies) in the agrarian sphere of our country, they were not brought to a logical end, and at present the restoration of agriculture in pre-reform volumes means the revival of the almost lost peasantry as a class. Based on the analysis, it is shown that the realization of the right of the population to adequate food contributes to solving problems of health, education and working capacity. It is recommended to increase the production of agricultural raw materials and food, in parallel to integrate into the world food market from the position of food exporters.
Economic Problems and Legal Practice. 2021;17(2):197-201
pages 197-201 views

Prosecutor's supervision in the field of investment activity in the territories of advanced socio-economic development (on the example of the Far Eastern Federal District)

Shpinev Y.

摘要

The article deals with the issues of prosecutor's supervision in the field of investment activity on the example of the Far Eastern Federal District. Based on the analysis of scientific works in the field of prosecutor's supervision, the author concludes that the scientific development of the issue under study is insufficient and its acute relevance at the present time. The article reflects the history of the development of prosecutor's supervision in the field of investment activity in recent years in the territories of advanced socio-economic development in the Far Eastern Federal District. On the basis of open sources of the prosecutor's office, the author identifies the main areas of activity of the prosecutor's office for the implementation of prosecutor's supervision in the territories of advanced socio-economic development, and also identifies the main types of violations of the current legislation in the investment sphere. The most common violations include late adoption or amendments to regulatory regional or municipal acts, the request of entrepreneurs for documents that are not established by law, various bureaucratic obstacles and non-compliance with the deadlines established by law when submitting documents or performing certain actions, etc. A positive role in protecting the rights and legitimate interests of investors, according to the author, was played by taking into account the negative experience of creating free economic zones, as well as the creation of an interdepartmental working group of the Prosecutor General's Office of the Russian Federation for the Ministry for the Development of the Far East.
Economic Problems and Legal Practice. 2021;17(2):202-207
pages 202-207 views

Features of extending the term of the land lease agreement

Cheremukhin V.

摘要

Management of urban property, especially land plots, is one of the most important areas of urban economy. At the same time, the binding rights of land users are bound by certain terms of such obligations, which, taking into account the dynamic development of economic relations, can be changed by the parties to these relations. The purpose of the article is to analyze and summarize legislation, judicial and law enforcement practice on the issue of extending the term of the land lease agreement. This goal is achieved by solving tasks such as studying the existing legal regulation of disputed legal relations, law enforcement and judicial practice, identification of problematic and conflicting issues in the area under consideration, determination of trends in the development of this sphere of legal relations, development of specific proposals for changing legislation and law enforcement practices. In solving the above problems, general scientific (synthesis, system analysis, analogy) and special (formal-legal, comparative-legal) methods are used. Based on the results of the consideration of these issues, the author formulates the main problems of the legal relations under consideration, assesses the emerging judicial and law enforcement practice, and formulates proposals for improving legislation and law enforcement practice.
Economic Problems and Legal Practice. 2021;17(2):208-211
pages 208-211 views

To the question of responsibility for failure to pay funds for the maintenance of children or disabled parents

Akkaeva H.

摘要

Crimes against families and minors pose a significant threat to the development of Russian society. The negative experience of family relations leads to situations where a large number of minor children are left without the necessary material support. As a result, this leads to the development of a worldview about the permissibility of illegal behavior. After which they become vulnerable to involvement in criminal activities. A similar obligation of children to support their disabled parents in material terms is due to the urgent need for their appropriate participation in the life of persons who are not able to provide the necessary conditions on their own. In this context, the institution of responsibility for non-payment of funds for the maintenance of children and disabled parents acquires great importance. The aforementioned unlawful behavior is regulated by administrative and criminal legislation, in connection with which it seems necessary to focus on the problems of non-fulfillment of these obligations when committing a criminal offense. The purpose of writing a research paper is to analyze the current criminal law governing liability for non-payment of funds for the maintenance of children and disabled parents. The author comes to the conclusion that at present there are a number of problems associated with bringing to justice for the above-mentioned crime. Attention is focused on the negative impact of gaps in marriage and family legislation, which give rise to legitimate forms of evasion of the obligation to support individuals who objectively need it.
Economic Problems and Legal Practice. 2021;17(2):212-215
pages 212-215 views

Insolvency law in the context of European Union law

Mendrej M., Kútiková M.

摘要

The aim of this paper is to point out the current state and development of insolvency law in the conditions of the European Union. The article offers a brief overview of the legislative acts of the European Union, which currently regulate the problems of insolvency proceedings. Insolvency proceedings shall be governed by the law of the Member State in whose territory the insolvency proceedings were opened (lex fori concursus).
Economic Problems and Legal Practice. 2021;17(2):216-221
pages 216-221 views

Tax monitoring in the system of State financial control

Ivanova E.

摘要

The article talks about the concept of tax monitoring, its place and significance in the state financial control system. The purpose of the work is determining its place and importance in the system of state financial control. Tax monitoring as a form of tax control refers to the so-called horizontal tax control, which is expressed in a system of constant online partnership between tax authorities and taxpayers on the calculation and payment of tax payments, accounting and tax accounting. This procedure is carried out in relation to large taxpayers who are subject to certain requirements of the tax legislation Its distinctive features are the absence of in-house and on-site tax audits during the period of its implementation, as well as the preparation a motivated opinion on the initiative of the tax authority or taxpayer, which allows to the occurrence of possible harmful consequences in the tax area. The main conclusions obtained in the course of the research: the relationship that develops between an organization and a tax authority when conducting tax monitoring mediates both private and public interest. Tax monitoring, being a subspecies of state financial control, has its own specific features, expressed in a special relationship between the taxpayer and the tax authority, based on the principles of trust, openness and reliability of information, which allows you to quickly resolve possible disputes in real time. Since the main function of tax monitoring is preventive, it was assigned to the form of preliminary control. According to the criteria for classifying financial control into mandatory and proactive, tax monitoring is classified as proactive, since it is carried out on the basis of a taxpayer's application submitted within the legally established time frame.
Economic Problems and Legal Practice. 2021;17(2):222-227
pages 222-227 views

Tax audits in the tax control system

Davydova M., Abramov K., Ryzhko N.

摘要

The article is devoted to the definition of the role and place of tax audits in the tax control system. The popularity of this topic is obvious because the regulator expands and complements the very concept of tax audit today and the latter plays the role of a warning function, rather than identifying and imposing sanctions. In the course of the study, the authors reveal the forms of tax control, identify the current purpose, as well as provide statistical data on the number of on-site tax audits conducted, and come to the conclusion that the number of assigned audits has decreased due to the use of a risk-based approach by the tax authorities. The study also notes the positive impact on the optimization of interaction between the taxpayer and tax authorities through the use of tax monitoring and, as a result, reveals a tendency to increase the number of participants in tax monitoring due to the lack of both in-house and on-site tax audits. The purpose of the study is to identify the impact of new guidelines for tax audits on the formation of new directions of tax audit methods, as well as to develop recommendations for their improvement at the current stage of development of tax legal relations in the Russian Federation. The relevance of the issue under study is confirmed by the performance of tax control as a lever for the proper formation of state revenues, the conscientious fulfillment of financial obligations by individuals and organizations to the state.
Economic Problems and Legal Practice. 2021;17(2):228-233
pages 228-233 views

On the issue of the place of public financial control in the financial law system

Antroptseva I.

摘要

Purpose of the study. The author investigates the issues of the expediency of classifying public financial control as a general or special part of financial law. The article examines whether public financial control is an institution or a sub-branch of financial law, assesses the points of view existing in science. The article analyzes the main elements of public financial control as a sub-branch of financial law: subject, method, sources and legal relations. The aim of the research is to determine the reasonable position of public financial control in the financial law system, as well as to substantiate that public financial control has its own characteristics as one of the basic sub-sectors of financial law as it permeates the entire financial activity of the entire system of public authorities. Conclusions. Public financial control reasonably occupies a place in the general part of such a public branch of law as financial law due to its inseparability with the management activities for the formation, distribution and use of funds of funds. The formation of public financial control as such a structural element of the sub-sector of financial law is confirmed by the validity of identifying an independent subject of legal regulation, legal regulation is carried out using the dominant imperative method, widely used directly in financial law, at the same time it has a significant number of its own sources of legal regulation, as well as principles. The system of public financial control can be viewed as a system of control and supervisory bodies and as a set of elements, control and supervisory mechanisms. Public financial and control legal relations are diverse, as evidenced by the allocation of a significant number of species by identifying the grounds for their differentiation.
Economic Problems and Legal Practice. 2021;17(2):234-240
pages 234-240 views

Actual problems of legal regulation of financial supervision of the stability of financial markets by national and international regulators

Sorochkin A.

摘要

Introduction. The article examines the current legal problems of the implementation of the basic international norms, principles and standards of financial supervision over the stability of financial markets into Russian legislation. The author proceeds from the assumption that legal regulation of the content of financial supervision occurs within the framework of the transformation of the model of international financial supervision and regulation, where, in addition to international legal sources widely apply the rules of «soft law». Materials and methods. The regulatory legal acts of the Central Bank of the Russian Federation, documents of international financial institutions and organizations on financial control and supervision, and the norms of Russian banking legislation were used. The doctrinal approaches to the concepts of «financial supervision», «financial stability», «international financial supervision of financial markets» have been studied. The methods of comparative legal analysis of scientific concepts and foreign sources on the topic of the work were applied. Results. It was revealed that there is no unified approach to the concepts of «financial control», «financial supervision», «prudential supervision» in banking and financial legislation, in international financial law, in doctrine. Taking into account the digitalization and informatization of financial and legal norms, there is an increase in the transparency and public importance of financial supervision for countering financial crises. Critical assessments of Western concepts of supranational «soft» law «are given with an analysis of trends in the increase in the sovereign role of states in the implementation of SPS financial standards in the national law of states. Discussions and conclusions. The basic principles of financial supervision are enshrined in such international documents as the 1977 Lima Declaration of the Financial Control Guidelines, the Basel Agreements on General Principles of Banking Supervision (Basel I, II, III), etc. Although they have been implemented in Russian legislation, they are in constant the process of improvement and detailing by the law of the Russian Federation in accordance with international standards for financial markets in order to counter new threats to financial stability and security.
Economic Problems and Legal Practice. 2021;17(2):241-248
pages 241-248 views

Features of the international financial standards implementation process

Abrosimov A.

摘要

This article is devoted to the essence of the implementation process of international financial standards. The content of the process of introducing international financial standards is studied and the problems that arise during it are discussed in this article. Much attention is paid to the relationship between the rights of international organizations and the sovereignty of the state. In addition, factors influencing the progress of the international financial standards implementation are analyzed and the opinions of various scientists on this issue are given. The implementation process covers all stages of the implementation of an international financial standard, from the development and publication of the standard by an international financial regulator to the actual application of this standard, its functioning within the framework of national legal systems and compliance of such standard by financial market participants. The author comes to the conclusion that the key is the moment during which financial standards are embodied as binding legislative norms. Certainly, the most important stage in the international financial standards implementation is their adoption as laws or other regulations. This stage of implementation process is necessary for the full introduction of international financial standards. Implementation to national jurisdictions is the main function and is often the purpose of making and developing of international financial standards.
Economic Problems and Legal Practice. 2021;17(2):249-254
pages 249-254 views

Possibilities of using the «relationship principle» in relations between the Russian Federation and the PRC with the purpose of ensuring the rights of labor migrants

Abdullaev E.

摘要

Purpose of the study. The article examines the problems of including the principle of «reciprocity» in the system of bilateral relations between the Russian Federation and the PRC and the possibility of its implementation in the practice of ensuring the rights of labor migrants. It was determined that the principle of «reciprocity» implies the possibility of legislative consolidation of the rights, freedoms and obligations of migrants from the state that has undertaken to guarantee similar rights on its territory in relation to migrants from Russia. The inclusion of this principle in the system of bilateral and multilateral regulation of migration processes is justified, since migrants gain clarity about their rights and obligations; states receive an additional tool to protect the rights of their citizens abroad; the world community is gaining the opportunity to improve migration legislation, relying on the established practice of including the principle of reciprocity in the sphere of bilateral ensuring the rights of migrants. The article identifies two types of migration policy that ensures the rights of migrants and their protection: «aggressive migration policy», characteristic of modern China and passive (defensive), which determines the Russian type of migration policy. Conclusion. As a result of the study, the author comes to the conclusion that the main problem associated with the inclusion of the principle of «reciprocity» in the structure of bilateral cooperation between Russia and China is that it is difficult to bring two types of migration policy, opposite in nature, to a state of parity in the legal provision of the rights of labor migrants , which makes it difficult to reach a consensus between the two countries on this issue. To solve this problem, the article proposes an algorithm for including the principle of «reciprocity» in the migration agenda of bilateral relations between the Russian Federation and the PRC. The use of this approach makes it possible to coordinate the positions of the two countries and a joint migration policy that ensures the rights of migrants, taking into account global trends in this area of international relations, to develop a mechanism for the mutual provision of the rights of labor migrants in Russia and the PRC.
Economic Problems and Legal Practice. 2021;17(2):255-260
pages 255-260 views

Innovations in the legal regulation of teleworking

Sagitova E.

摘要

The purpose of the research is to identify new approaches in the legal regulation of labor relations with teleworkers. In this article, the author analyzed the problems of the formation of legal regimes for remote work. The author paid attention to the possibility of transition: from a contractual mechanism for agreeing working conditions to a local normative mechanism. The author analyzed three types of changes in labor legislation: guarantees of labor rights, registration of labor relations and additional grounds for terminating an employment contract. Results. The author classifies the legal modes of teleworking depending on the agreement on the terms of the employment contract. In Russian legislation, there are three legal regimes for telecommuting: permanent-contractual, temporary-contractual and temporary. The author also states the breadth of discretion of the employer when determining the conditions for remote work through local regulations. Therefore, the procedural features of the registration of labor contracts with teleworkers reveal the need to conclude additional agreements with them. At the same time, the use of contracts does not relieve the employer of the obligations specified in the legislation.
Economic Problems and Legal Practice. 2021;17(2):261-264
pages 261-264 views

Integration of digital technologies into preliminary investigations: problems, forecasts

Shkhagapsoyev Z.

摘要

The use of information technology makes it possible to achieve significant results in the life of a modern person, provides new opportunities. The effectiveness of their application largely depends on the readiness of the implemented sphere, including in terms of the legal regulation of these processes. The Russian state is also actively involved in the digitalization of many spheres of society. However, the introduction of new technologies is not of the same scale in all directions. So, at present, it is envisaged to carry out certain actions within the framework of criminal proceedings using information and digital technologies. Despite the fact that the preliminary investigation is quite often considered in the context of the need to preserve the traditional forms of its implementation, at present it is highly relevant to improve the investigative practice taking into account the achievements of science and technology. The purpose of writing a research paper is to analyze the current state of integration of digital technologies into preliminary investigation, to identify problems of their application and determination of the prospects for their further use. The author comes to the conclusion that information and digital technologies allow many investigative actions to be carried out at a qualitatively new level, which is required in the context of the dynamic development of modern crime. Attention is focused on the fragmentation of the current state of the integration of digital technologies into the preliminary investigation, which is associated with a number of existing problems that require an early resolution. It is noted that the further use of these technologies is very promising; blockchain and Bigdata technologies are singled out as the most relevant for implementation in investigative practice.
Economic Problems and Legal Practice. 2021;17(2):265-268
pages 265-268 views

Topical issues in countering crimes against population health

Akkaeva H.

摘要

The health of the population is largely a reflection of effective government policy in various areas. In the context of the coronavirus pandemic, the problems of ensuring public health have received a new format. All participants in medical and other legal relations needed to significantly transform their own activities in crisis conditions. The Russian Federation is an example of a state that not only implements a comprehensive and systematic policy in this area, but also state activities aimed at excluding unlawful behavior in the healthcare sector. Currently, there is an active spread of factors that have a negative impact on human health. Among these, the growth in the number of crimes against human health, which are committed both in the process of medical activity and not directly related to it, should be highlighted. The proliferation of the above crimes poses a significant threat to the full functioning of the Russian state, in connection with which the issues of combating crimes against public health are of particular relevance. The purpose of this research paper is to analyze the existing mechanisms for combating crimes against public health, identify existing problems and determine ways to solve them. The author comes to the conclusion that at present many factors contribute to an increase in the number of crimes committed against human health, but in this context, counteraction to this crime is of particular importance. Attention is focused on the paramount importance of prevention and prevention of crimes against human health, which must be constantly carried out in relation to the entire population, taking into account the existing problems of legal literacy. The need to involve representatives of the public in preventive and preventive activities is noted.
Economic Problems and Legal Practice. 2021;17(2):269-272
pages 269-272 views

The concept and state of economic crime in the field of agro-industrial complex

Bondar A.

摘要

The article is devoted to the state of economic crime in the field of the agro-industrial complex. The paper analyzes the statistical reporting of the GIAC of the Ministry of Internal Affairs of Russia, according to the results of which the negative dynamics of the state of crime was established, caused by the criminalization of the activities under consideration. The author made an attempt to establish the criminological characteristics of economic crime in the field of agro-industrial complex.
Economic Problems and Legal Practice. 2021;17(2):273-276
pages 273-276 views

On the question of some features of the unified state registers as the subject of a crime

Petrova I.

摘要

The article considers some features of the unified state registers that are the subject of a crime under Article 2853 of the Criminal Code of the Russian Federation, reveals the content of each designated feature of the concept under study, which allowed us to formulate a definition of the unified state registers. The systematization of the unified state registers is given, based on their classification on various grounds. Attention is drawn to the peculiarities of criminal law protection of relations in the field of maintaining unified state registers, for the understanding of which it is necessary to know the regulatory legislation, since the disposition of the criminal law norm provided for in Article 2853 of the Criminal Code of the Russian Federation is of a blank nature. The study shows that a clear definition of unified state registers allows us to assess from a legal point of view which of them are the subject of a crime under Article 2853 of the Criminal Code of the Russian Federation, which is reflected in the correct qualification of criminal acts that infringe on relations in the field of maintaining unified state registers. The purpose of the study is to clarify the features of criminal law protection of relations in the field of maintaining unified state registers through the prism of understanding some of the characteristic features of unified state registers as the subject of a crime under Article 2853 of the Criminal Code of the Russian Federation. The conducted research allowed us to formulate the author's definition of the unified state registers, to clearly identify the features inherent in the unified state registers, which allows us to give a legal assessment of acts containing signs of a crime under Article 2853 of the Criminal Code of the Russian Federation. The methodological basis of the work is a synergetic approach, implemented through structural analysis and effective synthesis through the study of certain aspects of the criminal law phenomenon under consideration. The practical significance of the work consists in the possibility of distinguishing the attribution of unified state registers to the subject of a crime under Article 2853 of the Criminal Code of the Russian Federation from unified state registers that are not such, which will eventually be reflected in a clear distinction between criminal acts and other illegal ones.
Economic Problems and Legal Practice. 2021;17(2):277-284
pages 277-284 views

Bribery as a legal category and its features in the sphere of state and municipal procurement abstract

Morozov R.

摘要

Purpose of the study. The purpose of this work is to comprehensively analyze bribery as a criminal law concept, identify criteria for its classification to improve the current criminal legislation, law enforcement and judicial practice. Findings. The emergence and development of the institution of corruption bribery in the domestic retrospective is considered. The system of classification of types of bribery in criminal law has been improved, taking into account the development of its corruption component. The author's definition of the concept of bribery as a complex concept is proposed, which characterizes the way of committing criminal offenses and individual criminal offenses, the responsibility for which is provided for by separate articles of the Special Part of the Criminal Code. A distinction is made between corruption and common criminal bribery, with the definition of the main criteria, the main of which is defined as their subject and subject. These types of bribery, in turn, can also be classified according to various criteria: so corruption bribery, including bribery in the field of state and municipal procurement, can be classified depending on the nature of the actions of its subject and addressee into forced and voluntary, passive and active. The level of specialization of a subject in relation to bribery in the field of state and municipal procurement is illustrated on the basis of the list of subjects subject to provocation of bribery in the field of state and municipal procurement. The criminal law structure of provoking bribery and bribery in the field of state and municipal purchases has been systematized.
Economic Problems and Legal Practice. 2021;17(2):285-289
pages 285-289 views

Temporary suspension of the suspect and the accused: the grounds and the procedural order of application

Fadeeva E.

摘要

The article is devoted to the study of the grounds and the procedural procedure for applying another measure of procedural coercion in the form of temporary suspension from office. The purpose of the study is to analyze in a problematic way the issues related to the legislative regulation in the Criminal Procedure Code of the Russian Federation of the grounds for the temporary suspension of a suspect and accused. The purpose of the study is also to analyze the procedural order of the court's consideration of the issue of temporary suspension from office, as well as the types of court decisions issued as a result of such consideration. According to the results of the study, the author comes to the conclusion that the Criminal Procedure Code of the Russian Federation does not fix the grounds for applying the considered measure of procedural coercion. In this regard, the author formulated such grounds and made a proposal to provide them in the norms of the criminal procedure law. The author comes to the conclusion that there is no proper legislative regulation of the procedural procedure for considering the issue of temporary removal from office of a suspect and accused, and therefore proposals have been made to improve this procedure. In particular, it is proposed to provide in the norms of the Criminal Procedure Code of the Russian Federation the procedure for holding a court session on the consideration of the issue of temporary suspension from office. The author believes that the court session on the consideration of the issue of temporary removal of a person from office can be held in the manner provided for the consideration of the issue of detention of a suspect or accused. As persons entitled to take part in such a court session, the author suggests that the Criminal Procedure Code of the Russian Federation should provide for a suspect or accused, their defense lawyer, prosecutor, victim or his representative, investigator, inquirer. The author also proposes to expand the list of types of decisions made by the court based on the results of consideration of a petition for temporary removal of a person from office.
Economic Problems and Legal Practice. 2021;17(2):290-294
pages 290-294 views

The OECD's Base erosion and profit shifting (BEPS) Global Initiative

Avshalumov M.

摘要

After 2008 Global Financial Crisis many states realized the need to amend global tax rules. This prompted a qualitatively new stage of cooperation in combating some harmful practices distorting the structure of the world economy - the Base Erosion and Profit Shifting (BEPS). An additional factor that affects the spread of this phenomenon is the accelerating globalization and digitalization of the economy. Thus, the economic turnover of digital products is carried out without reference to any jurisdiction, and their intangible nature makes them suitable for BEPS purposes. An additional factor that contributes to the actualization of countering BEPS practices is the COVID-19 outbreak, the consequences of which can be eliminated only with significant public investment in the economy. In this regard, the problem of multinational enterprises (MNEs) avoiding taxation using «gray schemes» is increasingly perceived as incompatible with the ideals of social justice and goes against the needs of the population of most countries. The 2020 is not only challenging in the context of the fight against the epidemic, but also key year in the mechanism for evaluating activities related to the Global Initiative of countering BEPS. The aim of the article is to observe the Action Plan and the main actions (measures) that are being implemented by states and tax jurisdictions to counter BEPS under the auspices of the Organization for Economic Cooperation and Development (OECD), as well as the results of the implementation of these measures at the end of 2020. Special attention was paid on ensuring the active and equal participation of developing countries in this initiative. The results of the study, reflected in the conclusion, show the need to counter BEPS phenomenon, to further adopt «multilateral instruments» such as the 2016 Paris Convention and soft law instruments, to hold public consultations on the measures taken, and to help developing countries in their implementation.
Economic Problems and Legal Practice. 2021;17(2):295-301
pages 295-301 views

Topical problems of proving in criminal proceedings of the Russian Federation

Shkhagapsoyev Z., Kardanov R.

摘要

The effectiveness of the proof process, which is carried out by authorized officials and bodies at various stages, is of great importance for criminal proceedings. It is this activity that serves as the basis for making the final decision at the pre-trial stage. The study of evidence, determination of their admissibility, reliability and sufficiency has a decisive influence on the outcome of a criminal case. However, in spite of the fact that the Russian criminal procedural legislation regulates the process of proving in sufficient detail, in practice a number of problems currently arise. The purpose of writing a research paper is to identify the existing problems of proof in Russian criminal proceedings and to determine ways to solve them. The author comes to the conclusion that it seems promising to improve certain normative provisions of the Russian criminal procedure legislation, taking into account the existing gaps in the theoretical and legal consolidation of certain categories. Attention is focused on the need to consolidate the more extensive powers of the defense attorney in proving in a criminal case, including in the part of the application for recognizing the evidence as inadmissible. The need to expand the practice of using the conclusions and testimonies of specialists in the process of proving is noted. As a promising direction for the elimination of the «presumption of guilt», widespread by officials and authorized bodies, the improvement of regulation and law enforcement practice of proof in Russian criminal proceedings is highlighted.
Economic Problems and Legal Practice. 2021;17(2):302-306
pages 302-306 views

On the perspectives of digital technologies using in criminology

Shogenov T., Burayeva L.

摘要

The purpose of the article is to summarize the data presented in the scientific literature on the tendencies in the information technologies development in criminology and the prospects for their use in the crimes detection and investigation. For the solution of the problem descriptive and comparative, statistical and bibliometric methods are used. The scientific developments analysis in the introduction field of modern digital methods of conducting expert researches, including of forensic recognition, phenotyping, virtual autopsy, microbiological identification, which are of particular importance for forensic practice, is carried out. The results of this study can be used for further theoretical researches, scientific papers preparation and practical application of the considered innovative methods in the future, which can turn out to be an effective tool in the fight against crime.
Economic Problems and Legal Practice. 2021;17(2):307-310
pages 307-310 views

Youth extremism in Russia: features of its manifestation

Korovaynaya J.

摘要

The purpose of this article is to summarize the data on the concept of youth extremism in Russia, drawing attention to its characteristic features. An attempt is made to determine the typology of youth extremism, and some factors that influence the occurrence of this phenomenon among young people are analyzed. Priority areas for countering youth extremism are identified. The study allowed the author to come to the conclusion that effective methods of preventing youth extremism are methods of comprehensive psychological, social and legal support for adolescents and young people, and the development of balanced recommendations taking into account the multidimensional nature of this problem.
Economic Problems and Legal Practice. 2021;17(2):311-314
pages 311-314 views

Modern problems of legal regulation of the digital economy of the Russian Federation

Zhukov A., Ingushev C., Khochueva F.

摘要

In the 21st century, the traditional economy was replaced by a new format of economic interaction. The term «digital economy» is actively introduced into all spheres of vital activity of modern society. Digitalization Economics is an integral element of the modern information state. However, the process of developing a digital format of the economy in the Russian Federation is accompanied by a number of problems, one of the fundamental is the lack of regulatory regulators in the field of digital economy. The relevance of the research topic is due to the need to solve this problem in the established conditions, which will later allow to accelerate the development of digitalization in the territory of the Russian Federation. The purpose of the study is the assessment of the current state of legislative activities and the system of regulatory regulation of the digital economy in the territory of the Russian Federation. As a result of the study, the current problems of the regulatory and legal regulation of the digital economy of the Russian Federation were identified and analyzed, recommendations were developed on improving the system of regulatory regulation in the field of digital economy.
Economic Problems and Legal Practice. 2021;17(2):315-319
pages 315-319 views

Features of legal regulation of cloud technologies in Russia and abroad

Gostev Y.

摘要

This article deals with the problems of legal regulation of «cloud» technologies in Russian law. The objective of the study is to identify gaps in Russian law and the specifics of the legal regulation of «cloud» technologies through a comparative analysis of the existing Russian Federation, US and EU legislation, in order to identify, based on foreign experience, the best approaches to the regulation of «cloud» technologies without risk to the security of personal data. Based on the study, the author concludes that now, Russian legislation does not effectively regulate «cloud» technologies due to the significant number of gaps in the regulatory legal acts.
Economic Problems and Legal Practice. 2021;17(2):320-324
pages 320-324 views

New directions, forms and technologies of higher education in the light of legal regulation of integration and digital transformation

Shaydullina V.

摘要

The objective of the article is to consider the legal regulation of the export of Russian higher education, in the study of new directions, technologies and forms of higher education when exporting it abroad, as well as in the analysis of new directions for the development of federal educational standards for the higher education system in the context of digitalization. Model. The purpose of the study is to identify modern trends in the development of the higher education system, the role and place in this process of higher education institutions and the state. The topic of this article reflects issues related to the transformation of the existing system of higher education from the standpoint of international integration of educational programs. The research used the following methods: analytical, formal legal, comparative. Findings. The results of this study are expressed in the formulation of the specifics of legal regulation and organization of the export of Russian higher education abroad. The scope of application of the research results covers the higher education management system. The findings obtained in the course of the study can be used to improve the practice of organizing and legal regulation of the higher education system in Russia.
Economic Problems and Legal Practice. 2021;17(2):325-329
pages 325-329 views

Legal bases of state regulation of the activity of corporations with state participation

Pavlyuk A., Veryga V.

摘要

In the article, the authors consider the legal basis of state regulation of the activities of corporations with state participation. The relevance of this article is due to the fact that currently corporations with state participation generate up to 70% of the GDP of the Russian Federation and it is the construction of an effective model of their legislative regulation that can contribute to improving their efficiency. In the article, the authors analyze the existing legal gaps and problems of public administration that arise within the framework of state regulation of the activities of corporations with state participation. As part of their research, the authors consider the legal basis for regulating not just all corporations with state participation, but classify the entire array of regulations depending on the degree of state participation in corporations. Separately, the authors focus on the normative consolidation of the right to «golden shares» and the legal regulation of the activities of corporations with a single participant in the person of the state. The authors also provide specific proposals that can improve the efficiency of state regulation of the activities of corporations with state participation.
Economic Problems and Legal Practice. 2021;17(2):330-333
pages 330-333 views

Digitalization in the social sphere

Ignatieva I., Zedgenizova I., Vlasova E.

摘要

The presented article analyzes the state and designation of the prospects for the legal support of the digital transformation of public administration in the social sphere. Today, the transition to digital technologies is becoming one of the promising areas of social policy in the Russian Federation. The article shows that in modern conditions of the development of digitalization of management, the role and place of legal regulation is especially increasing, designed to create a legal basis for the use of digital technologies in management, including the social sphere. The definition of digitalization of the social sphere is given. The key directions and strategic priorities for the development of legal regulation of the use of digital technologies in the social sphere are identified, taking into account the positive experience of other countries.
Economic Problems and Legal Practice. 2021;17(2):334-337
pages 334-337 views

Application of the Samuelson-Hicks model in the conditions of modern economy of Namibia Republic

Tregub I., Gubzhokov A.

摘要

This article has analyzed the possibility of using the Samuelson-Hicks macro-econometric model for a closed economy on the example of the Republic of Namibia. The interdependence of indicators such as gross domestic product, consumption, gross government spending, and investment in non-financial assets was examined between 1987 and 2019. In the course of the study, using the tools of regression analysis, estimates of the coefficients of the linear equations of the model were obtained, the premises of the Gauss-Markov theorem were tested, the adequacy of the classical model was checked, and individual equations of the model were modified in order to ensure the predictive capabilities of the model using the example of the national economy of the Republic of Namibia.
Economic Problems and Legal Practice. 2021;17(2):338-343
pages 338-343 views

Some reflections on measures of countering the illegal traffic of narcotic drugs, psychotropic substances and their analogues

Akkaeva H.

摘要

In the last decade, drug trafficking has become alarmingly widespread. The Russian Federation is also an object of expansion from the side of the international drug business. In this regard, the Russian state and the entire world community are concerned about solving the problem of drug crime: measures are being taken to improve the situation in this area, to prevent not only the spread of drugs, but also their consumption, and to involve minors in this area. Currently, counteraction to the spread of illegal drug trafficking is carried out by a set of measures of a medical, administrative, social and other nature, through which the state seeks to prevent the deterioration of the drug situation. Prevention of criminal encroachments plays a significant role in countering crimes related to illicit trafficking in narcotic drugs, psychotropic substances and their analogues. Legal regulation of the prevention of drug trafficking is carried out at the national and international levels. The author notes that in this case, the role of measures of criminal law incentives is great, which allow persons to avoid criminal liability. The author comes to the conclusion that the prevention and prevention of drug addiction is an important stage in countering this type of crime. The currently applied measures to counter illicit trafficking are proving their effectiveness by reducing the number of registered crimes, but the need for their constant improvement is beyond doubt, since the mechanism of criminal actions is constantly evolving and new types of drugs and new ways of their illicit trafficking appear.
Economic Problems and Legal Practice. 2021;17(2):344-347
pages 344-347 views
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